DC U.S. Attorney Jeanine Pirro moved Friday to dismiss felony vandalism charges against former Olympic canoeist David Hearn, admitting the government's own case didn't hold water — because the damage to the Lincoln Memorial Reflecting Pool was caused by a contractor's shoddy work, not a patriot's hands. The question ordinary Americans should ask: why did it take a federal indictment for the Interior Department to hand over evidence that would have stopped this prosecution before it started?
Hearn, 67, was charged with one felony count of destruction of property carrying up to 10 years in prison. His crime? Stopping during a bike ride on June 19, touching a chunk of peeling lining at the Reflecting Pool, and being detained by the National Guard and U.S. Park Police for five hours. He was the only person among seven charged who faced a felony — the rest got misdemeanors. President Trump had publicly claimed the pool suffered a "350 foot gash, made by a very sharp knife or razors."
The truth: the lining had been falling apart from the moment it was installed.
According to Pirro's own 20-page filing, the Virginia-based Atlantic Industrial Coatings landed a no-bid contract for the $15 million renovation and rushed the job to finish before the America 250 celebration. The lining began peeling "almost immediately" due to "overspraying and a failure of the coatings to bond." The pool was filled with water during the investigation, making it "difficult to observe the condition of the floor," the filing admitted. A National Park Service official testified that the pool had "substantial preexisting damage" before Hearn ever arrived — and that the same repairs would have been required regardless of his conduct.
Here's the sting: the Department of the Interior knew this and didn't tell prosecutors. Pirro's filing states that Interior claimed "nearly all of the damage" was vandalism before the indictment, then produced documents showing the botched installation only after charges were filed. "DOI's failure to fully and accurately provide information to USAO-DC undermined the government's ability to abide by these responsibilities," the motion stated bluntly.
NBC News noted that Pirro's office also moved to dismiss at least one of the other misdemeanor cases. The New York Post reported that prosecutors had to rely on "barebones police reports" from Park Police, who were slow to produce body camera footage.
Hearn's attorneys — Norm Eisen, Mary Dohrmann, and Steve Levin — didn't mince words: "The Trump administration's case against Davey Hearn should never have been brought. 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 administration owes Mr. Hearn an apology."
They also flagged what they called "irregularities" in grand jury testimony and demanded disclosure of the legal instructions given to grand jurors — suggesting prosecutors may have presented a misleading case to secure the indictment.
A government that can indict a man on a 10-year felony charge, withhold evidence that exonerates him, and then quietly walk away owes more than a dismissal. It owes an explanation — and accountability for whoever decided to bury the truth.
