Pirro moves to dismiss Reflecting Pool vandalism charges against Olympian
jeanine Pirro, the U.S. Attorney for the District of Columbia, has filed a motion to dismiss the indictment against former Olympian David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool in June. the motion states that the damage was caused by flawed installation by the contractor, Atlantic industrial Coatings, rather than vandalism. Evidence showed that the lining had already begun peeling before the incident,and the damage was widespread,making vandalism unlikely. Pirro acknowledged that her office was misled by incomplete information from the Interior Department at the start of the case. Hearn pleaded not guilty to a felony property destruction charge, which coudl result in up to 10 years in prison, but the trial scheduled for September was impacted by this dismissal motion. The reflecting Pool had ongoing issues, including algae and peeling lining, which led to repairs after the July 4 festivity. Hearn’s attorneys criticized the government for pursuing the case, claiming it was a wrongful arrest and charging that the indictment was an abuse of power.
U.S. Attorney for the District of Columbia Jeanine Pirro has filed a motion to dismiss the indictment against former Olympian David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool in June.
In moving to dismiss the case, Pirro admitted that the damage to the landmark was the “result of flawed installation by the contractor” instead of intentional vandalism. Hearn allegedly tore the Reflecting Pool’s lining, federal authorities previously said. But by the June 19 incident that led to his arrest, the lining had already begun to peel.
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Pirro acknowledged the peeling in Friday’s motion and blamed the Interior Department for providing her office with “less than fulsome information at the outset of this case.” She also conceded that the U.S. government “would not have sought a grand jury indictment” if the Interior Department provided the necessary information. The federal prosecutor made multiple critical comments like this.
“It 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 filing continued.
The Department of Justice met with the National Park Service on July 1 to discuss the Reflecting Pool, according to the motion. It notes that the pool “remained filled with water, making it difficult to observe the condition of the floor of the entire pool, which was mostly obscured.”
The legal development comes weeks after Hearn pleaded not guilty to one felony count of property destruction in Washington, D.C. The charge carries a maximum prison sentence of 10 years upon conviction. If Pirro hadn’t filed for the case’s dismissal, the defendant was scheduled to go to trial on Sept. 28 in D.C. Superior Court.
The Reflecting Pool had been plagued with several problems, including rapid algae growth on top of the peeling lining, following a quick renovation period. After the nation’s July 4 celebration, workers began draining and repairing the pool to address the underlying problems.
At the end of the motion, the DOJ concluded that it wouldn’t have made sense for Hearn to touch the lining in a certain area of the pool.
“A recent visual inspection showed damage throughout the Reflecting Pool, even in the middle of the pool, where a vandal would not likely attempt to peel the lining,” the motion said. “Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism.”
FORMER OLYMPIAN DAVID HEARN PLEADS NOT GUILTY IN REFLECTING POOL VANDALISM CASE
Hearn’s legal counsel demanded an apology from the federal government for filing the indictment in the first place.
“The Trump administration’s case against Davey Hearn should never have been brought,” attorneys Norm Eisen, Mary Dohrmann, and Steve Levin said in a joint statement. “Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
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