The U.S. Justice Department announced it is dropping charges against a former Olympian after the Trump administration admitted the Lincoln Memorial Reflecting Pool damage was caused by a contractor’s flawed work.
“The damage to the reflecting pool “was the result of flawed installation by the contractor … and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026,” U.S. Attorney Jeanine Pirro’s office wrote in a July 31 court filing obtained by USA TODAY.
The filing from the government moved to dismiss the criminal case against David Hearn, an Olympic canoeist who was arrested in June on a felony destruction of property charge after he was accused of causing more than $1,000 in damage to the pool.
But the government’s only grand jury witness, a National Park Service official, testified that the Reflecting Pool was already damaged before Hearn touched it, according to court filings obtained by USA TODAY earlier this week.
It was only after Hearn was indicted that the Department of Interior provided the U.S. Attorney’s office with documents “showing that the damage was the result of a botched installation and not vandalism as initially represented” by the Interior.
USA TODAY has reached out to one of the contractors, Atlantic Industrial Coatings, for comment.
Here’s what you need to know.
The indictment against David Hearn came after an incident at the reflecting pool on June 19, 2026.
In a July 2 indictment in DC Superior Court, Hearn was charged with felony destruction of property for “maliciously” breaking or destroying lining material on the bottom of the reflecting pool and causing more than $1,000 in damage − punishable by up to 10 years in prison.
The government announced the charge in a news conference, with Pirro telling reporters: “Today is about accountability for damaging a national resource, a national treasure.”
Hearn, who competed for the U.S. in three Summer Olympics, acknowledged in an interview with the Washington Post that he reached into the water to grab the end of a “flapping piece” but that he didn’t remove it.
“I didn’t vandalize anything,” the 67-year-old told the newspaper. “I didn’t destroy or break or peel anything. By the time I realized what was going on, I was being put in handcuffs.”
Hearn pleaded not guilty, and his attorneys said in a statement earlier this month that the charge against him reflected “the administration’s effort to shift blame for their own failures.” All Americans, they added, “should be deeply concerned by the misuse of government power against an ordinary citizen based on a concocted narrative.”
Hearn’s attorneys not immediately respond to a request for comment about the government’s motion to dismiss the case against their client.
Pirro’s office indicates in the court filing that the Department of Interior withheld information germane to the case and that prosecutors moved forward with the charge against Hearn “armed only with (the department’s) representations that the defendant caused more than $1,000 of damage” to the pool.
The U.S. Attorney’s Office did not have any information from the Interior Department indicating that any damage to the pool “was caused by anything other than the actions of the defendant and other vandals who damaged the pool’s lining.”
On July 17, Pirro and other U.S. Attorney’s officials visited the site after it was drained and “noted extensive damage throughout.” It was at then that the office “first became aware of the significant damage” and requested all documents from the department about how the pool was lined and all records related to the installation.
Those documents subsequently indicated “a rushed and flawed installation process, with repeated failures of the lining during the installation process, and extensive peeling of the lining throughout the Reflecting Pool,” the U.S. Attorney’s Office wrote.
The documents recounted significant issues during the project, including the contractor running out of the product it was using, weather delays and failures of the expansion joint sealant.
“This was the first time that (the Interior) made (the U.S. Attorney’s Office) aware of such information,” the document says.
The Interior Department’s press office didn’t immediately respond to USA TODAY’s request for comment on Friday.
The DC landmark, which was finished in 1923 just after the Lincoln Memorial’s dedication, became the subject of complaints over cleanliness and disrepair in recent years. In April, President Donald Trump announced a plan to refurbish the pool, which he described as being in a “terrible” state.
“In a couple of weeks, we’re going to have the most beautiful reflective pool between the Washington Monument and the Lincoln Memorial that you’ve ever seen,” Trump said at the time.
Two contractors were hired to fix the sometimes algae-ridden pool: Atlantic Industrial Coatings was awarded $14.2 million, while $1.7 million was given to Green Water Solutions, according to government contract records obtained by USA TODAY.
Atlantic Industrial Coatings was supposed to line the pool with a waterproof sealant to stop ongoing leaks and tint the pool “American Flag Blue,” while Green Water Solutions was hired to install a water purification system to reduce algae. On June 15, the Interior Department told USA TODAY that the purification technology “has successfully destroyed the algae bloom that has plagued every pool reopening since 1922.”
The next day, USA TODAY confirmed that the green color hadn’t faded from the pool, and workers were spotted pouring hydrogen peroxide into the water. A couple days after that, the blue paint appeared to be peeling.
On June 20, Getty Images and Reuters photos showed that the pool had a green hue as workers were seen wading in the water to remove algae.
Trump, who has also made plans to erect a “Triumphal Arch” near Arlington National Cemetery and demolished the White House’s East Wing to construct a huge ballroom, has blamed vandalism for the current state of the reflecting pool, and pointed to the recent etching of “8647” on the National Mall lawn.
On July 13, the pool sat empty. Trump said in a Truth Social post the the pool was drained to “fix the scars and damage that was done by the Vandals two weeks ago” and that it would be refilled and “back in service soon.”
The Reflecting Pool had long had a history of issues before Trump decided to take on the project.
In 1986, an engineering report concluded the pool’s structural system was failing. The Interior Department previously told USA TODAY the Reflecting Pool leaks 16 million gallons a year.
In 2012, the Obama administration attempted to repair the pool’s water quality, spending millions over 18 months in the process. Their efforts did not permanently resolve the issue.
Contributing: Michelle Del Rey, Jeanine Santucci, Drew Pittock, Aysha Bagchi and Natalie Neysa Alund, USA TODAY