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By Hannah Parry, Joshua Rhett Miller, and Anna Commander
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Federal prosecutors have dropped the criminal case against former U.S. Olympian David "Davey" Hearn after concluding that damage to the Lincoln Memorial Reflecting Pool was caused by flawed installation rather than vandalism.
Jeanine Pirro, U.S. attorney for Washington, D.C., filed a motion Friday to dismiss the felony destruction of government property charge, citing newly developed evidence showing that the pool's liner had failed because of installation defects. Prosecutors said the evidence no longer supported the allegation that Hearn intentionally caused the damage.
Hearn, a three-time U.S. Olympic canoeist, was indicted after federal authorities alleged he had pulled up sections of the Reflecting Pool's newly installed blue liner during a visit last month to the National Mall. The government initially claimed the damage exceeded $1,000, resulting in a felony charge that carried a potential prison term of up to 10 years.
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Hearn has always denied intentionally damaging the memorial. He maintained that he had stopped during a bike ride, noticed portions of the liner already peeling, and merely handled a loose section without causing additional harm. His attorneys argued that he had been wrongly blamed for problems stemming from the pool's recent renovation.
Following the decision to dismiss Hearn’s charges, his attorneys Norm Eisen, Mary Dohrmann and Steve Levin said in a joint statement: “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
“The Trump administration’s case against Davey Hearn should never have been brought,” they also said. “Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong," they continued.
According to Friday's filing, the court concluded that the bottom of the Reflecting Pool had “[a]lmost immediately” begun peeling after the work was completed, because of “overspraying and a failure of the coatings to bond” as the contractors, Atlantic Industrial Coatings (AIC), rushed to get the almost $14 million job finished before the July Fourth holiday.
Pirro's motion also said that the Department of Interior (DOI) had failed to "fully and accurately provide information to USAODC [United States Attorney's Office-District of Columbia] [which] undermined the government’s ability" to accurately assess the damage.
Newsweek has reached out to the DOI and AIC for comment.
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“[I]t was not until after the return of the indictment, that the DOI provided additional documents to the USAO-DC indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings (‘AIC’), and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026,” the court filing said.
“It was not until after these documents were produced that USAO-DC first became aware of information showing that the damage was the result of a botched installation and not vandalism as initially represented by DOI.”
The dismissal marks a dramatic reversal from the government's original allegations and effectively ends the prosecution. It is not yet clear if the charges have been dropped for the other people accused of vandalism in connection with the pool.
Critics were quick to point to the bungle, which occurred under acting U.S. Attorney General Todd Blanche, who's in the midst of contentious Senate confirmation hearings.
Joyce Vance, former U.S. attorney for the Northern District of Alabama, wrote on X, "No other Justice Department has screwed up so much, so badly & been forced to dismiss its own cases before a Judge bashed them. Oh, and this happened on Todd Blanche’s watch."
David Axelrod, ex-adviser to former President Barack Obama, addressed the news on X Friday saying, "What a sad situation for our country. @POTUS orders up indictments. Blanche and the DOJ are reduced to short-order cooks. There's a reason Trump's DOJ reparations fund was set to expire at the end of his presidency. Can you imagine what the claims against it would have been after HIS term is done?!?"
Republican Tim Pawlenty, former Minnesota Governor, said on CNN Friday night in part, "What we know now is this person was falsely accused, and this person is owed an apology, he's an Olympian. And of course you can imagine what that does to him, his reputation, the kind of pressure that it puts on him and his loved ones. So, this was just a botched effort to prosecute him."
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How Many People Have Been Arrested Over the Reflecting Pool?
Federal authorities have arrested or cited at least 10 people over alleged vandalism of the Reflecting Pool. In June, Interior Secretary Doug Burgum said seven were arrested, including Hearn.
On July 2, Pirro issued a statement saying that "these deliberate acts of destruction set back real progress and violate the law.”
“Vandalism at treasured places like the Reflecting Pool is an affront to our shared history and the dignity of our national heritage. These monuments belong to all of us, and we will protect them—and hold accountable those who seek to deface or diminish them," she added.
On July 8, three more people, Cameron Thiers, Sophie Dennison-Gibby and Justin Carreno were charged with misdemeanors, accused of peeling and removing pieces of blue paint from the pool.
Timeline: From Renovation to Vandalism Case
April—Trump administration awards no-bid renovation contract
The DOI awarded AIC a sole-source contract to repair, waterproof and coat the Reflecting Pool, ahead of America's 250th anniversary celebrations. The project involved installing a new blue polyurea coating system intended to waterproof the pool and improve its appearance.
May—Renovation completed ahead of reopening
Workers finished applying the new coating system as part of a rapid renovation effort overseen by the National Park Service. The Trump administration promoted the project as a restoration of one of Washington's most recognizable landmarks, but the accelerated schedule later became a focus of scrutiny after problems emerged.
Early June—Reflecting Pool reopens and problems surface
The renovated Reflecting Pool reopened to the public, but issues appeared soon afterward. Visitors noticed algae growth and sections of the new blue coating beginning to separate from the concrete basin, raising questions about the quality of the installation. Water-quality experts noted that algae can develop naturally under certain environmental conditions, while engineers pointed to peeling coatings as a possible sign of installation or adhesion problems.
Later in June—Trump blames vandalism for the damage
President Donald Trump began publicly alleging that vandals were responsible for the Reflecting Pool's problems, claiming that people had cut the liner, damaged the surrounding area and possibly introduced chemicals into the water. He described a large "gash" in the pool's surface and called for those responsible to face severe penalties.
June 19—David Hearn accused of damaging the pool
Hearn was accused of damaging the newly installed liner after federal authorities alleged that he pulled at a loose section of coating. Hearn denied intentionally causing any damage, saying he only examined a section that was already peeling.
July—Hearn indicted on felony charge
A grand jury indicted Hearn on a felony charge of destruction of government property. Prosecutors alleged that his actions caused more than $1,000 in damage to the Reflecting Pool's new coating, exposing him to a potential prison sentence.
Later in July—Questions grow over vandalism claims
As the case developed, evidence raised questions about whether vandalism caused the pool's deterioration. Investigators and experts pointed toward possible construction and installation issues, including problems with how the coating adhered to the concrete surface.
July 31—The Department of Justice drops Hearn case
The Justice Department moved to dismiss the case against Hearn, saying newly developed evidence showed the Reflecting Pool damage resulted from "flawed installation" rather than vandalism. The filing shifted attention from alleged sabotage and toward the contractor's work and the government's oversight of the project.
Vandalism Accusations
Trump and his officials have repeatedly said that the Reflecting Pool had been vandalized. The president cited alleged cuts to the liner, chemicals poured into the water and damage to the surrounding lawn as evidence of politically motivated attacks on the newly renovated landmark.
In various public statements and social media posts, Trump referred to a "gash" roughly measured from 150 feet to 350 feet long, saying the damage had been deliberately inflicted and warning that those responsible could face up to 10 years in prison.
"You know, we have 100- … I think 290-, 300-foot slit right through it. Probably a box cutter or a knife of some kind," Trump told reporters on June 22. He also claimed that vandals "did something" to create the algae and posted on Truth Social that "chemicals have been illegally placed in the water."
Those allegations became the basis for criminal investigations and public appeals for information.
Hearn Feared He Was Becoming a Scapegoat for the Pool Disaster
On June 19, Hearn said he briefly touched a piece of debris that remained attached to the Reflecting Pool before letting go, as instructed by a National Park Service employee. He said he was then detained by National Guard members and U.S. Park Police for around five hours before being released later that evening.
"I did nothing wrong," Hearn told Newsweek last month.
The former Olympian said he was concerned about being unfairly targeted by the Trump administration following claims that vandals damaged the pool.
"I feel like I was targeted and I'm feeling singled out—definitely,” Hearn said to Newsweek.
Hearn's attorney, Eisen, previously told Newsweek in a statement, "Davey Hearn is innocent. These charges are outrageous and should be alarming to every American. This indictment reflects the Administration’s effort to shift blame for their own failures. On the eve of our nation's Independence Day, Americans should be deeply concerned by the misuse of government power against an ordinary citizen based on a concocted narrative. The justice system exists to determine facts, not to provide political cover."
Who Is David Hearn?
Hearn, 67, is a former Olympic canoe slalom racer who represented the United States in three Summer Olympics and later built a career in the paddle sports industry. He lives in the Washington, D.C., area and has said he stopped at the Reflecting Pool during a bicycle ride because he was curious about reports of peeling material and algae growth at the recently renovated monument.
An online fundraiser for Hearn had eclipsed $175,000 as of Friday.
Who Renovated the Lincoln Memorial Reflecting Pool?
The Reflecting Pool renovation was carried out by AIC, a Virginia-based specialty coatings company that received a no-bid federal contract from the Trump administration to waterproof and coat the pool with a blue polyurea liner.
The decision to award the contract without competitive bidding quickly stirred controversy. The Trump administration argued the work had to be completed on an accelerated schedule ahead of America's 250th anniversary celebrations, but critics questioned why a company with little or no federal contracting history was selected for such a high-profile project.
According to The New York Times, AIC was awarded the contract on April 3, after Trump publicly said he had “a guy who’s unbelievable at doing swimming pools.” The president said he had consulted three companies that had previously worked on his personal swimming pools before choosing one that had worked at Trump National Golf Club in Sterling, Virginia.
Lawmakers and watchdog groups also scrutinized the project's rapidly increasing price tag, which grew from an initial estimate of around $2 million to well over $13 million, as change orders and further work were added.
The project soon encountered significant problems. Within weeks of reopening, sections of the new blue coating began peeling from the concrete basin, while leaks and other defects raised concerns about the quality of the installation.
The Justice Department has not announced any criminal investigation or charges against AIC. The court filing attributes the Reflecting Pool's damage to flawed installation and a rushed construction schedule, but stops short of alleging criminal wrongdoing by the contractor.
Contact Newsweek editors on this story: Hannah Parry and Edward T. Cummins.
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