The Justice Department on Friday moved to dismiss criminal charges against former Olympian David Hearn, saying newly obtained evidence undermines its central allegation that vandalism caused damage to the Lincoln Memorial Reflecting Pool.
In a 20-page court filing, government lawyers said documents recently provided by the Interior Department indicate the damage stemmed from a flawed contractor installation and a rush to finish work before events tied to the nation’s 250th anniversary celebrations around Independence Day 2026. Prosecutors also cited a recent inspection that found damage throughout the pool — including in the middle, where they said a vandal would have been unlikely to peel back the lining.
“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” U.S. Attorney Jeanine Pirro wrote in the filing, asking a judge to dismiss the case.
Hearn’s attorneys said the prosecution should never have been filed.
“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong,” they said in a statement. “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
The dismissal is a significant setback for the Justice Department, which had portrayed the case as an effort to hold someone accountable for damage to the iconic Washington landmark amid President Donald Trump’s high-profile renovation project ahead of the country’s 250th anniversary. Trump, without providing evidence, had publicly blamed vandals for the damage.
The prosecution had faced mounting scrutiny for weeks. Hearn consistently denied wrongdoing, while his supporters argued the case was politically motivated and intended to shift blame for construction failures.
Earlier this week, Hearn’s lawyers sought access to grand jury transcripts, alleging irregularities in the indictment process. They said a National Park Service official testified that the reflecting pool was already damaged before Hearn allegedly touched it, could not identify any damage directly caused by him, and acknowledged that the same repairs would have been necessary regardless of his actions.
