Despite President Donald Trump’s persistent assertions that criminal activity ruined the Lincoln Memorial Reflecting Pool in Washington, D.C., the Justice Department moved to drop vandalism charges against individuals previously accused of the crime, attributing the landmark’s deterioration to faulty repairs instead.
Federal prosecutors submitted a 20-page legal filing in D.C. Superior Court on July 31 to dismiss felony charges against David Hearn, an Olympic canoeist accused of defacing the historic pool.
The document cited newly uncovered evidence from the Interior Department—information prosecutors stated was withheld initially—revealing that poor installation and rushed repairs caused the pool’s liner to peel, rather than intentional human destruction.
“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,” the court motion noted. “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 motion, backed by U.S. Attorney Jeanine Pirro and Assistant U.S. Attorney Michael P. Spence, pointed the finger at a contractor who rushed to finish renovations ahead of the nation’s 250th-anniversary celebrations on July 4.
Nevertheless, Trump strongly rebuked the Justice Department for abandoning the prosecution against Hearn.
Speaking to a reporter in the Oval Office on August 3, Trump claimed, “Jeanine Pirro made a mistake. There was vandalism,” reiterating prior assertions that individuals had been spotted cutting the lining with box cutters. Later that day, Pirro met with Trump at the White House after he publicly claimed she had “choked” and folded under pressure.
The dismissal motion—currently under review by Superior Court Judge Todd Edelman—directly challenges Trump’s narrative. Alongside Hearn’s felony case, federal prosecutors also quietly dropped misdemeanor vandalism charges against three other individuals.
“This case should have never been allowed to progress to indictment without all the information,” remarked Glenn Kirschner, a former chief of the homicide section for the D.C. U.S. Attorney’s Office.
While the White House directed inquiries back to Trump’s public remarks, Interior Secretary Doug Burgum publicly aligned himself with the president, stating on social media that clear evidence of vandalism existed. However, that assertion directly contradicts the evidence reviewed by federal prosecutors.
What does the evidence show?
While the Reflecting Pool has faced structural challenges since the 1920s, Trump recently made its appearance a priority, ordering the bottom painted “American flag blue” for the 250th anniversary. When the paint began to peel, he blamed criminals, sharing video footage he claimed captured vandals in action.
However, because the Justice Department’s motion was submitted under oath—carrying penalties for false statements—prosecutors acknowledged that sparse initial police reports were ultimately overridden by overwhelming evidence of faulty installation.
Steven H. Levin, an attorney representing Hearn, noted that the filing suggests prosecutors pursued a felony indictment despite lacking a complete factual record.
Initially, authorities claimed Hearn forcefully ripped up the newly applied sealant. Conversely, Hearn told police he simply touched the water and noticed a loose piece of material floating, which he grabbed before being told to stop by a park employee and subsequently detained by the National Guard.
Although a park employee alleged Hearn aggressively tore at the coating, subsequent internal documents from the Interior Department revealed a much different story. Records showed that Atlantic Industrial Coatings faced severe weather delays after starting the job in May, with the final inspection happening on June 9. Just two days later, park staff were already reporting peeling issues attributed to an overspray by the contractor.
This documentation existed eight days prior to Hearn’s arrest, yet prosecutors stated it was withheld from them until after the grand jury indictment was issued.
Legal experts note that prosecutors are legally obligated to drop charges once exculpatory evidence comes to light, though analysts pointed out unusual finger-pointing between the Justice and Interior departments within the dismissal paperwork.
Where the cases stand now
Federal prosecutors moved to dismiss related misdemeanor cases against Justin Carreno, Sophie Dennison, and Cameron Thiers on July 31.
Hearn’s dismissal currently awaits a judge’s approval “without prejudice,” meaning the case could theoretically be reopened if new evidence arises—a standard legal procedure to avoid accusations of prosecutorial misconduct. Judge Edelman could officially dismiss the matter during a Sept. 11 status hearing, though further questioning of prosecutors remains a possibility.
Meanwhile, Hearn’s legal representation indicated they are evaluating potential civil lawsuits and official investigations into the government’s handling of the prosecution.
Our ruling
Regarding assertions that “There was vandalism” at the Reflecting Pool, federal prosecutors explicitly dismantled that narrative in a sworn court filing. The documents confirm that the damage stemmed from a botched installation process rather than malicious acts, making claims of vandalism difficult to substantiate.
We rate the claim that deliberate vandalism caused the damage as False.
PolitiFact Researcher Caryn Baird contributed to this fact-check.
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