A federal judge has dismissed the criminal case against former Olympian David Hearn for the alleged vandalism of the Lincoln Memorial Reflecting Pool, according to a court order filed on Thursday, Aug. 6. The dismissal follows a period of intense scrutiny regarding the pool's damaged liner, which the Trump administration previously attributed to vandalism but the Department of Justice later linked to flawed installation.
Judge Dismisses Vandalism Case
The dismissal comes after the Department of Justice moved to drop the felony destruction of property charges against Hearn, a former U.S. Olympic canoeist. As ABC News reported on Aug. 6, U.S. Attorney Jeanine Pirro's motion to dismiss the case acknowledged that the damage to the Reflecting Pool was the result of a rushed and flawed installation process by the contractor.
Associate Judge Todd Edelman, who granted the dismissal in part, stated he would wait to determine whether to dismiss the case with prejudice. A dismissal with prejudice would prevent the government from charging Hearn again for the same alleged crime. The judge has established a filing schedule and will schedule a hearing for oral arguments once all submissions are completed.
Legal Challenges to Indictment
The legal proceedings against Hearn began after he was indicted for allegedly forcefully and violently ripping up the pool's bottom liner. While U.S. Attorney Pirro previously accused Hearn of acting belligerently toward an employee, the government's recent motion admitted it only discovered evidence of a flawed installation process after the indictment was issued.
Hearn's attorneys, Norm Eisen and Mary Dohrmann, had filed a motion seeking a dismissal with prejudice, arguing that the government failed to evaluate necessary information before indicting their client. They characterized the prosecution as a misuse of government power based on a concocted narrative.
Reflecting Pool Repair Issues
The investigation into the Reflecting Pool follows a series of issues during recent renovations intended to prepare the site for the nation's 250th birthday celebrations on July 4, 2026. According to KSL News, President Donald Trump had directed that the pool's bottom be painted "American flag blue," but the site suffered from algae blooms and peeling coatings.
While the administration previously maintained that vandals caused a 350-foot gash in the liner, Interior Secretary Doug Burgum stated on July 5, 2026, that the damage consisted of multiple cuts. Burgum also noted that the pool would require being partially drained in the coming week to complete necessary repairs.
Contracting and Oversight
Despite the recent legal developments, the Trump administration intends to continue using the current contractors for the project. Interior Secretary Doug Burgum told CNN's "State of the Union" on July 5, 2026, that the administration will not seek new bids because the existing company "did a fantastic job."
This decision follows questions raised by Democratic lawmakers regarding the existing contracts. Ohio-based Green Water Solutions received a $1.7 million contract for a water-purification system, while Virginia-based Atlantic Industrial Coatings was awarded $14.7 million to repaint and waterproof the concrete floor. About 10 Democratic senators and House members have been investigating the project's management and costs.
Presidential Reaction
The dismissal of the Hearn case drew criticism from President Donald Trump, who stated that U.S. Attorney Pirro "choked" and "folded like an umbrella" when moving to drop the charges. The President has continued to maintain that vandals were responsible for the damage to the pool's liner.
Broader Political Context
The pool was closed for the July 4th celebrations due to safety concerns related to fireworks. The ongoing debate over the Reflecting Pool has become a centerpiece in a broader political fight regarding the overhaul of Washington landmarks during the final two years of the Trump administration.
