The Justice Department has dismissed criminal charges against a former Olympian, citing evidence that pool damage was caused by a contractor rather than vandalism.

Key facts
- •The Justice Department stated it is now difficult to attribute the pool damage to vandalism beyond a reasonable doubt.
- •Atlantic Industrial Coatings was identified as the contractor responsible for the flawed installation.
- •President Trump had previously labeled the alleged vandals as "thugs" and claimed they used various tools to cut the pool lining.
- •The U.S. Attorney’s Office for the District of Columbia is led by Jeanine Pirro.
- •The government acknowledged it was not in possession of the exculpatory information when it initially presented the case to a grand jury.
The U.S. Department of Justice has moved to drop its criminal case against former Olympic canoeist David “Davey” Hearn, who was previously charged with damaging the Lincoln Memorial Reflecting Pool. In a court filing on Friday, the U.S. Attorney’s Office for the District of Columbia acknowledged that new information undermined the evidentiary basis for the indictment. Prosecutors stated that the damage was actually the result of a flawed installation by the contractor, Atlantic Industrial Coatings.
Evidence of Botched Installation
The Justice Department stated that it only became aware of the installation issues after reviewing documents provided by the Interior Department following the July 2 indictment. The filing noted that the damage, including overspraying and delamination, was caused by the contractor rather than the actions of vandals. Prosecutors admitted that if the Interior Department had been forthcoming with the information it possessed, the government would not have sought an indictment.
Context of the Reflecting Pool Project
The project to coat the bottom of the pool in “American flag blue” was initiated ahead of the nation's 250th birthday and faced significant cost increases and technical setbacks. Following the refilling of the pool, the coating began to peel and algae growth occurred. President Donald Trump had previously attributed the damage to vandals, claiming they used knives or razors to cut 350-foot slits into the pool's lining. The U.S. Attorney’s Office also moved to dismiss at least one other misdemeanor case related to the incident.
Timeline
- June 2026Damage occurred to the Lincoln Memorial Reflecting Pool.
- July 2A grand jury indictment was brought against David Hearn.
- FridayThe Justice Department moved to drop the criminal prosecution.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by The Hill, NBC Politics.

