The U.S. Department of Justice moved to dismiss felony destruction of government property charges against former Olympian David Hearn on Friday. Prosecutors acknowledged that damage to the Lincoln Memorial Reflecting Pool was caused by a botched installation by a contractor rather than vandalism by the 67-year-old canoeist.
Attorney for D.C. Jeanine Pirro, who previously accused Hearn of forcefully and violently
ripping up the pool’s bottom liner. Hearn, a Bethesda resident and three-time Olympian, had pleaded not guilty to the charges, maintaining that he was merely a curious citizen
who touched a piece of liner already peeling away from the surface.
Atlantic Industrial Coatings and the Botched Installation
In a court filing, federal prosecutors admitted the damage was the result of a flawed installation by the contractor, Atlantic Industrial Coatings (AIC).
The project was characterized by a frenetic process to meet a deadline for the America 250 celebration surrounding Independence Day 2026.
The DOJ’s Failure to Verify Evidence
The decision to drop the case came after Jeanine Pirro visited the site on July 17. Upon seeing the fully drained pool, she noted extensive damage throughout the area, which prompted the Justice Department to demand more detailed records from the Department of the Interior (DOI).
The DOJ’s filing noted it was difficult to attribute the widespread damage
to vandalism, let alone prove it beyond a reasonable doubt, despite initial reports from the U.S. Park Police and DOI that had suggested vandals were responsible.
Legal Fallout and Political Defense of David Hearn
Hearn’s legal team—consisting of Norm Eisen, Mary Dohrmann, and Steve Levin—did not mince words regarding the arrest. They characterized the prosecution as an abuse of government power.
“The Trump administration’s case against Davey Hearn should have never been brought. 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.”
Norm Eisen, Mary Dohrmann, and Steve Levin, Attorneys for David Hearn
The case also drew the attention of Rep. Jamie Raskin (D-Md.), whose district includes Hearn’s hometown. Raskin described the charges as absurdly trumped-up
and the arrest as Kafkaesque
. He defended Hearn as a model citizen
and a celebrated coach, contrasting Hearn’s behavior with political graffiti or the illegal alteration of federal property.
Because the DOJ moved to dismiss the indictment without prejudice, the government technically retains the ability to bring the case again in the future, though the current evidentiary basis has been fundamentally undermined.
The Discrepancy in Public Narrative
While prosecutors were building a felony case against Hearn, President Trump was using Truth Social to ask Who would do such a thing?
and insisting that the peeling sealant was the work of vandals rather than a failure of the multimillion-dollar project.
| Entity/Source | Claim on Pool Damage |
|---|---|
| President Trump | Caused by vandals cutting a gash hundreds of feet long |
| U.S. Attorney Jeanine Pirro (Initial) | Hearn violentlyripped up the liner with bare hands |
| DOJ (Final Filing) | Result of flawed installationand rush to finish by July 4 |
| Atlantic Industrial Coatings | Small areas required repairs; not a failure of the liner |
Worth a look
