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By Gabe Whisnant, Joshua Rhett Miller, and Hannah Parry
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The Justice Department has indicted U.S. Olympic canoeist David Hearn on charges of vandalism at the newly renovated Lincoln Memorial Reflecting Pool. Hearn was detained last month by National Guard members and Park Police after reaching into the water to touch a piece of the pool's peeling "American flag blue" liner.
Jeanine Pirro, U.S. Attorney for the District of Columbia, announced the indictment at a press conference on Thursday.
While President Donald Trump has decried recent incidents at the Reflecting Pool as politically motivated sabotage and has threatened "years in jail," Hearn maintains he was merely a curious citizen checking the rubbery texture during a routine bicycle ride. The high-profile indictment comes amid intense public scrutiny over the site's $14.7 million restoration project.
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Hearn's attorney, Norm Eisen, told Newsweek Thursday 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."
Newsweek also reached out to Hearn for comment.
A GoFundMe, created to support Hearn, has already surpassed its $65,000 target, reaching $71,000 as of 7 p.m. ET on Thursday.
The creator behind the fundraising page, Allen Mayers, explained why he had set up the GoFundMe for Hearn, who he described as a "stand up" man.
"I have started a fundraiser for the legal defense of Davey Hearn, one of the most stand up men I have known in my entire life. Davey is being maliciously prosecuted by a narcissist that takes no responsibility for his actions, and always looks to blame someone else for his failures," he said in a statement. "Davey is NOT responsible for this man's failure on the reflecting pool or for the convicted criminal this man hired to steal money from American taxpayers."
What Did Jeanine Pirro Say?
Announcing the felony indictment Thursday, Pirro accused Hearn of deliberately damaging the Lincoln Memorial Reflecting Pool during an incident on June 19. Pirro alleged that National Park Service (NPS) employees witnessed Hearn "forcefully and violently" pulling up the pool's newly installed bottom liner with both hands, causing roughly $1,000 in damage to about two square feet of sealant.
The felony charge carries a maximum penalty of 10 years in prison if convicted. Hearn's Superior Court hearing is scheduled for July 9.
Pirro said Hearn ignored instructions from an NPS employee to stop and instead told the worker she "cared too much" about the Reflecting Pool. She further described his conduct as "belligerent, rude and disrespectful" and said the evidence against him was substantial, telling reporters: "This is a case with tremendous evidence."
Framing the case as part of a broader effort to protect federal landmarks, Pirro said the Reflecting Pool is a "national treasure" that recently underwent a costly renovation.
"Today is about accountability for damaging a national resource," she said, adding that anyone who damages the site "will be held to account."
When asked how prosecutors would prove Hearn caused the damage, however, Pirro declined to discuss the evidence, saying only, "I'm not going to get into the evidence." The U.S. Park Police is investigating the case.
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David Hearn Speaks Out After Reflecting Pool Incident
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 approximately five hours before being released later that evening.
"I did nothing wrong," Hearn told Newsweek last month.
Hearn said he's concerned about being unfairly targeted by the Trump administration following claims that vandals dumped fertilizer in the massive pool and used knives or razors to create a 350-foot gash in the new liner.
"I feel like I was targeted and I'm feeling singled out—definitely,” Hearn told Newsweek.
The former Olympian was also worried about being convicted and possibly facing jail time, he said last month.
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Lincoln Memorial Reflecting Pool 'Vandalism': What Trump Has Alleged
President Trump has repeatedly blamed "vandalism" for damage to the newly renovated Lincoln Memorial Reflecting Pool, alleging that individuals deliberately cut the pool's liner, damaged surrounding landscaping and otherwise sabotaged the project. In a series of Truth Social posts, Trump claimed authorities had made multiple arrests and cited reports of cuts or "slashes" in the pool's surface.
However, the administration has not publicly released extensive evidence supporting all of the president's claims. Critics and some independent observers have argued that at least some of the pool's problems—including peeling liner and algae growth—could stem from construction, maintenance or environmental factors rather than criminal activity.
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Legal Expert Weighs In
Oleg Nekritin, an attorney in the Law Offices of Robert J. DeGroot, told Newsweek that even amid a time of partisan "lawfare," it would still be up to a jury of peers to decide if Hearn was guilty - not the DOJ.
"We have reached a point in our society where everything is viewed and evaluated from a partisan lens," said Thursday. "We frequently analyze events from the perspective of cause and effect resulting from which person or party is in power. We will laud a celebrity if they agree with our politics and we will seek to banish a celebrity who disagrees with our politics.
"Historically, the career professionals of the Justice Department have sought to stay above the fray and avoid being an arm of either political party. Like everyone else, these professionals have their individual viewpoints, but these viewpoints did not drive the decisions to indict or not.
"Unfortunately, the term 'lawfare' has entered the lexicon and each party has accused the other of using the Justice Department to target its political enemies. Usually, the individuals targeted are household names and former members of government. Under the Biden administration, various Trump officials or associates were charged and indicted (including Trump) and under the Trump administration, various critics have been targeted with investigations or charges.
"Trump critics will see the charges against Mr. Hearn as a way to scapegoat and blame someone for the failure of renovations of the reflecting pool. Trump supporters will see the charges as necessary to punish someone who damages a national symbol.
"Under our system, a jury will actually determine if a law was broken. Thankfully, a significant portion of this country still has belief that a jury composed of 12 people from different backgrounds and experiences will work together to make an objective, fair and unbiased decision. They will decide whether Mr. Hearn's conduct was aimed to sabotage the renovations or whether he was simply looking at the pool's renovations.
"Everything else will be (real loud) background noise."
How Does A Grand Jury Work?
A grand jury indictment is a formal decision that there is enough evidence to charge someone with a serious crime. A prosecutor presents evidence to a grand jury—a group of citizens—which decides whether there is probable cause to believe the person committed the offense. The proceedings are usually held in secret, and the grand jury does not decide whether the person is guilty.
If the grand jury finds probable cause, it issues an indictment (sometimes called a "true bill"), allowing the criminal case to move forward. If it does not, it returns a "no bill," and no indictment is issued. An indictment is not a conviction; it simply means there is sufficient evidence to bring formal charges. Guilt or innocence is determined later through a trial or other court proceedings.
Who Is David Hearn?
David "Davey" 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 paddlesports industry. Hearn 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 has eclipsed $63,600 as of Thursday.
Did Trump's Motorcade Damage the Reflecting Pool?
Trump’s decision to have his motorcade drive across the Lincoln Memorial Reflecting Pool during a high-profile inspection last month is facing renewed scrutiny, as questions mount over whether the move may have contributed to damage now plaguing the newly renovated landmark.
Video accounts showed that Trump’s convoy drove over the drained, newly sealed basin in May as part of a tour of the project, which had been repainted “American flag blue” ahead of the nation’s 250th anniversary. In the weeks that followed, the pool began showing signs of deterioration, including peeling coating. While experts and fact-checkers note that it remains unclear whether the heavy vehicles directly caused the damage, the timing has fueled debate over whether the motorcade’s weight might have compromised the freshly treated surface.
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How Algae Has Impacted the Reflecting Pool
Algae became one of the first major problems to emerge after the renovated pool was refilled. Within days, green growth appeared in the water, prompting additional cleanup contracts and emergency mitigation efforts to restore the pool's appearance before the major America 250 celebrations.
The algae bloom complicated an already challenging rollout because workers were simultaneously dealing with reports that sections of the newly applied blue coating were peeling away from the bottom of the basin. Specialists have suggested warmer water temperatures, stagnant conditions and project timing may all have contributed to the outbreak.
How Much Has the Current 2026 Renovation Project Cost?
Federal contract records and public reporting indicate the resurfacing work alone exceeded $14 million, while additional spending on algae-control technology and cleanup pushed the overall cost above $16 million.
The rising price tag has become a significant part of the debate surrounding the project. Critics have questioned both the procurement process and the speed of construction, while supporters argue the restoration was intended to improve one of the nation's most recognizable landmarks ahead of the United States' 250th anniversary celebrations.
Contact Newsweek editors on this story: Gabe Whisnant and Sam Wilson.
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