White House officials have requested the Department of Justice (DOJ) explore the possibility of pursuing new charges against the man accused of vandalizing the Lincoln Memorial Reflecting Pool. This comes after federal prosecutors moved to dismiss felony charges against Olympic canoeist David Hearn.
The previous case accused Hearn of damaging the $14 million project, following the discovery of cracks, algae growth, and peeling sealant. However, the U.S. Attorney's office cited findings from the Department of the Interior indicating the damage was linked to installation flaws rather than vandalism, leading to the motion to dismiss the felony charge on July 31.
According to The Wall Street Journal, White House officials have since contacted the DOJ to determine if Hearn could face a misdemeanor charge instead. A final decision has not yet been made.
Hearn's attorneys have stated that pursuing a new case would undermine the DOJ's credibility, particularly after prosecutors acknowledged a lack of sufficient evidence for the original charges. They issued a statement asserting that such a move would be "a shocking first: a case that the DOJ lost by its own admission because it lacked the evidence to convict, returning from the dead." They added that it would "further harass an innocent man."
While the U.S. Attorney's office sought dismissal without prejudice, allowing for potential refiling, the Trump administration has maintained that the damage was caused by vandalism. President Donald Trump had previously stated that slashes were found in the pool's material and claimed witnesses saw individuals with their hands in the water at those locations.
U.S. Park Police had identified Hearn as a suspect after he was reportedly seen tugging on a loose section of the pool's coating on June 19, even after National Park Service employees asked him to stop. The estimated damage was approximately $1,000, leading to his indictment on July 2 on one count of felony destruction of property.
President Trump had publicly urged U.S. Attorney Jeanine Pirro to reconsider her decision to drop the felony charge, criticizing the defendant's alleged connections to the Democratic fundraising platform ActBlue and his representation by attorney Norm Eisen. Trump also suggested Pirro had "choked" under pressure from a judge regarding the case.