DOJ drops its vandalism case against an Olympian whose lawyers say he was owed an apology, not an arrest

The Department of Justice moved on Friday to drop its criminal prosecution of a former Olympian who was previously charged with destroying the Lincoln Memorial Reflecting Pool. Per court records, prosecutors have pointed to management issues as the reason for the damage. CNN reported that the new filing is unusually descriptive and points to the contractors as well as other federal agencies for the bungled renovation.

According to The Hill, the office of U.S. Attorney Jeanine Pirro indicated that the damage to the landmark was the result of a rushed, botched installation rather than vandalism. The Trump administration now admits that it no longer stands behind the case against David Hearn, a three-time Olympic canoeist who had pleaded not guilty to felony destruction of property earlier this month. 

Prosecutors noted that their previous reliance on information from the Interior Department proved to be insufficient. In the new court filings, the office stated, “The damage was the result of a botched installation and not vandalism as initially represented by DOI. Indeed, USAO-DC could only rely on the information provided by DOI that the damage was entirely caused by vandals.”

New reports contradict the DOI’s initial account

It is clear that the project, which was part of a broader effort to improve Washington, D.C. in anticipation of the nation’s 250th birthday, suffered from serious management issues. CNN noted that according to the court filing, work on the lining fell behind due to a combination of windy and rainy weather, issues with the sealing of expansion joints, and delays in obtaining necessary products. 

Prosecutors reportedly stated, “Specifically, the newly released documents reveal that work on installing the lining almost immediately fell behind, due to a combination of very rainy and windy weather, repeated failures of testing on the sealing of the expansion joints, and delays in obtaining sealing product at the worksite.”

The filing further explained that the pressure to finish the work led to poor quality. “The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed,” the document continued. As it stands, the final decision to dismiss the charge against Hearn rests with the judge overseeing the case.

Per CNN, this situation is quite a reversal for the administration, which had publicly blamed vandals for the green-hued water and damaged lining at the pool. President Trump had previously characterized those accused as “sick, deranged” criminals. As a result, FBI agents were recently seen on site, examining the drained pool. In fact, prosecutors now acknowledge that the timeline they were working with was flawed from the beginning. 

According to The Hill, the prosecutors wrote that a National Park Service engineer had actually raised concerns about peeling liner days before Hearn was even arrested. The new filing notes that a visual inspection showed damage in areas where a vandal would not likely attempt to peel the lining, such as the middle of the pool.

Per CNN, the prosecutors reportedly admitted, “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. 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.” 

The prosecutors reportedly also criticized the Interior Department for providing what prosecutors described as “less than fulsome information at the outset of the case.” The filing states that if the agency had been forthcoming with the information in its possession, the government would not have sought a grand jury indictment. 

Pirro’s office reportedly wrote, “None of the DOI employees suggested that the poor condition of the Reflecting Pool was largely the result of failures during the process of installing the liner.” The Hill noted that the new filing also pins the blame on Atlantic Industrial Coatings, which secured the no-bid multimillion-dollar contract for the renovation. 

Meanwhile, per The Hill, Hearn’s legal team is calling for accountability. In a statement following the decision to drop the charges, his attorneys said, “The Trump administration’s case against David Hearn should never have 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. The administration owes Mr. Hearn an apology.”

CNN reported that three other individuals had also been caught up in the administration’s efforts to hold people accountable for the pool’s condition, with each facing misdemeanor charges. According to court records, federal prosecutors dropped the charges against at least one of those individuals on Friday as well.