DOJ Loses Its First Big Ask in Reflecting Pool “Vandalism” Case
Federal prosecutors are already off to a bad start in their case against U.S. Olympian David Hearn.

The Trump administration’s attempt to prosecute alleged “vandalism” at the Lincoln Memorial Reflecting Pool hit a snag Thursday.
U.S. Attorney for the District of Columbia Jeanine Pirro attempted to bar former U.S. Olympic canoeist David Hearn from the pool after he pleaded not guilty to damaging it, only to be rebuffed by D.C. Superior Court Judge Carmen McLean.
“The government’s evidence is weak,” one of Hearn’s attorneys, Mary Dohrmann, argued in court.
Another of Hearn’s attorneys, Norm Eisen, said, “Every American should be alarmed about this prosecution. It is not a crime to touch the Reflecting Pool.”
The government is accusing Hearn of destruction of property, which could send him to prison for 10 years if he’s found guilty. Pirro claims that Hearn “forcefully and violently” ripped two square feet of the pool’s newly added blue paint, while Hearn maintains that he only touched a piece of paint that was already peeling.
“The condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there,” Hearn said.
President Trump has spent more than $14 million on the Reflecting Pool, adding a blue coat of paint to the bottom and later dumping hydrogen peroxide into the pool to kill algae, which had the side effect of causing the new paint to peel. Unwilling to accept the consequences of his actions, Trump has blamed vandalism for the poor state of the pool, and Pirro has charged at least four people over it, including Hearn.
Many of Hearn’s supporters came to the courthouse on Thursday to cheer for him, including the former chair of the U.S. Olympic national governing body for canoe and kayak sports, Adam Van Grack, who said that Hearn has spent years voluntarily helping maintain National Park Service property near the Potomac River that canoeists use to train.
“This is a person who has devoted his life to representing the United States on an international stage, caring for the community, and protecting and caring for National Park Service property,” Van Grack told the Associated Press. “So the idea that he is a malicious destroyer of federal property shocks the conscience and makes no sense to anybody who’s ever known Davey Hearn.”
Trump now insists that the pool is fine, even as he is draining it once again.



