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Federal Prosecutors Drop Vandalism Case Against David Hearn, Citing Installation Errors
The Department of Justice moves to dismiss Reflecting Pool vandalism charges against David Hearn, a former Olympic canoeist, after discovering that the damage to the Lincoln Memorial site resulted from a contractor’s faulty work rather than intentional vandalism. The motion filed on Friday indicates that new evidence points to a “botched installation” as the true cause of the sealant failure at the historic location.
Hearn, 67, had been facing felony charges for destruction of government property. Prosecutors originally accused him of causing over $1,000 in harm to the recently applied sealant covering the pool’s floor. The renovation effort received strong backing from President Trump, who championed the initiative.
Legal Team Calls for Apology
Representatives for Hearn, who consistently maintained his innocence, issued a statement declaring that the government “owes Mr. Hearn an apology.” His legal team—Norm Eisen, Mary Dohrmann, and Steve Levin—argued that the prosecution was fundamentally flawed from the beginning.
“The Trump administration’s case against Davey Hearn should have never been brought,” the attorneys wrote. “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 U.S. Attorney’s Office chose not to provide additional commentary. Meanwhile, CBS News has contacted multiple parties involved, including the Justice Department, the installation contractor, and the Department of the Interior, which oversaw the renovation.
From Arrest to Dismissal
The decision to withdraw charges represents a notable reversal for federal prosecutors. Following the installation of the “American Flag Blue” sealant under presidential direction, visitors quickly observed sections of the material detaching from the pool floor. President Trump repeatedly maintained that the peeling resulted from vandal activity rather than construction issues with the multi-million dollar undertaking.
“Who would do such a thing?” the president asked in a Truth Social message published on June 20, which also referenced several arrests connected to the incident.
Hearn reported being detained for several hours after his arrest. D.C. U.S. Attorney Jeanine Pirro subsequently filed an indictment alleging that Hearn damaged “a national treasure.” According to Pirro, Hearn “forcefully and violently pulling up and removing the bottom liner with both hands” despite being instructed to cease by a National Park Service employee, to which he responded angrily.
Following his release, Hearn explained to The Associated Press that he merely touched a loose section of the pool liner before releasing it upon a worker’s request. “I’m a curious citizen,” he stated at the time.
Contractor’s Role Revealed
In Friday’s court submission, prosecutors acknowledged that the damage stemmed from “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.”
Prosecutors noted they only learned of these complications two weeks earlier when they visited the drained pool and “immediately noted extensive damage throughout the now-drained pool.” This prompted them to seek additional information from the Department of the Interior. Previously, the department had not disclosed evidence suggesting the damage originated from sources other than “the actions of the defendant and other vandals who damaged the pool’s lining.”
Internal documents obtained from the Department of the Interior reveal a hurried installation timeline marked by weather-related delays and damage reports that surfaced during application. A particularly challenging aspect involved placing sealant around “expansion joints,” which are gaps in the concrete bed designed to accommodate movement. According to the court filing, the peeling referenced in Hearn’s case originated from sealant sprayed around these joints.
A National Park Service staff member detected the peeling issue and communicated via email to colleagues just days after the pool was refilled—more than a week before Hearn’s arrest and coinciding with the day fencing was removed from the area.
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