Attorney Jeanine Pirro agreed on Saturday, August 1st, 2026, to dismiss the vandalism case against former Olympian David Hearn involving the Lincoln Memorial Reflecting Pool. The Justice Department moved to drop the case on Friday after determining that the damage to the tidal basin was caused by a “rushed and botched installation,” not vandalism.

Hearn was indicted earlier in the month after prosecutors accused him of “forcefully and violently” ripping the pool’s bottom liner. He pleaded not guilty to the felony destruction of property charge.

Prosecutors cited newly released documents revealing that the pool’s lining installation fell behind schedule due to very rainy and windy weather, repeated failures in sealing expansion joints, and delays in obtaining sealing products. The pool had faced scrutiny after its "American flag blue" paint began peeling and an algae bloom appeared, leading to multiple drainings for repairs.

A National Park Service engineer reportedly raised concerns about peeling days before Hearn’s arrest. Prosecutors wrote, “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.”

President Trump responded on Truth Social, criticizing Attorney Jeanine Pirro’s decision and stating, “I don’t know what she was thinking? To me, it was a pure case of VANDALISM, that included the grass, which had a big 86 47 emblazoned in giant letters on it, and other elements of the surrounding area.”

Sources