The Justice Department was aware or should have been aware that its case against David Hearn, a former Olympian charged with damaging the Lincoln Memorial Reflecting Pool, was flawed, according to Hearn's defense lawyers. U.S. Attorney Jeanine Pirro moved to dismiss the indictment against Hearn, stating that new evidence from the Interior Department indicated he was not responsible for damage to the pool's lining. Instead, the damage was attributed to a contractor's poor installation and a rushed project completion prior to the America 250 celebration around July 4, as directed by President Donald Trump.
Hearn's lawyers filed a motion in D.C. Superior Court urging a permanent dismissal of the case, arguing that the government had ignored available evidence indicating that the pool's liner was already failing due to installation flaws. They stated that the condition of the pool was visible and documented through various media. The defense criticized the government's decision to indict Hearn before obtaining necessary information to support the charges, noting that a key eyewitness was not presented to the grand jury and that another witness could not identify any additional costs caused by Hearn's actions.
The contractor involved, Atlantic Industrial Coatings, acknowledged the need for repairs before Hearn's indictment. A spokesperson for Pirro's office did not respond to requests for comment. Trump expressed disappointment over the decision to drop charges, stating that it contradicted his claims of vandalism, which were supported by Interior Secretary Doug Burgum. Hearn, who faced felony charges that could lead to a 10-year prison sentence, maintained that he did not cause any damage to the Reflecting Pool.