WASHINGTON, D.C. — The U.S. attorney’s office, led by Jeanine Pirro, dropped its case against former Olympic canoeist David Hearn on July 31, 2026. The dismissal followed the release of internal documents indicating that damage to the Lincoln Memorial Reflecting Pool resulted from flawed installation by contractor Atlantic Industrial Coatings rather than vandalism.
Superior Court Judge Todd Edelman dismissed the vandalism case after prosecutors cited information undermining the evidentiary basis for the indictment. The U.S. attorney’s office asked the judge to dismiss the case without prejudice, meaning prosecutors would retain the ability to refile charges against Hearn. Edelman scheduled a hearing to determine if the government can refile the charges.
The U.S. attorney’s office in Washington had charged Hearn with destruction of property for an incident on June 19, 2026. Prosecutors stated they were not aware of or in possession of documentation that the Interior Department had regarding installation problems at the time they charged Hearn. After the indictment, prosecutors received 695 megabytes of documents from the Department of the Interior.
A National Park Service engineer warned the Trump administration about the floor of the Lincoln Memorial Reflecting Pool peeling in an email sent on June 11, 2026. The engineer stated that the top layer of the liner had peeled and was very thin but would not impact the strength of the liner. The engineer reported that the contractor stated the peeled area was overspray from spraying the perimeter joint with polyurea. The engineer warned that the issue could lead to a 1-to-2-foot strip that is vulnerable to peeling.
Assistant U.S. Attorney Michael Spence addressed the late disclosure in a court filing. "These statements cast significant doubt that the defendant caused damage to the lining," Spence said. He noted that the exculpatory details arrived well after the grand jury acted. "This information — that the piece of liner peeled by the defendant was overspray, of little or no value — was first furnished to the prosecutors weeks after the grand jury indicted the defendant," Spence said.
President Donald Trump accused multiple people of destroying the Lincoln Memorial Reflecting Pool after it reopened to the public. Trump stated that Pirro made a mistake in withdrawing the charge and insisted that the Reflecting Pool had been vandalized. Signs have been placed around the closed Lincoln Memorial Reflecting Pool faulting past administrations for the condition of the landmark.
Attorneys for David Hearn are seeking to permanently block any effort by the Justice Department to pursue a politically motivated prosecution of their client. Defense attorneys argued that President Donald Trump's public rejection of Pirro's decision to drop the charges does not provide Mr. Hearn with meaningful finality consistent with the Constitution's speedy trial and double jeopardy protections.
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