White House officials have formally asked the Justice Department to assess whether a new criminal case can be pursued against David Hearn, the former Olympian accused of vandalizing the Lincoln Memorial’s Reflecting Pool, following the dismissal of his felony indictment earlier this month.
Federal prosecutors had initially charged Hearn with felony destruction of government property, alleging he caused over $1,000 in damage to newly installed sealant at the pool’s base. The renovation project was a priority of President Donald Trump. However, prosecutors moved to dismiss the indictment without prejudice on June 10, citing evidence that the damage resulted from a contractor’s botched installation rather than vandalism. A D.C. Superior Court judge formally dismissed the case last week, though the court left open the possibility of reviving the felony charges pending further legal review.
Justice Department officials confirmed they are evaluating whether additional charges—potentially misdemeanors—could be pursued, though they reiterated that decisions will be based on evidence and legal standards. A department spokeswoman stated, “The Department of Justice follows the evidence when determining if crimes have been committed. We always evaluate any case based on the facts and the law.” The White House declined to comment directly, referring inquiries to the DOJ and Trump’s public statements.
President Trump has publicly disputed the dismissal, asserting in a Truth Social post that the damage was primarily caused by vandalism, not contractor error. He claimed a National Park Service employee reported seeing Hearn “violently” rip and tug at the pool’s coating, though Trump acknowledged that no video or additional proof of this incident exists beyond the damage itself. He also alleged that an “acid-like material” was used on nearby grass, with the phrase “86 47” written nearby—a detail the DOJ has scrutinized in an unrelated case. Trump added, “There may have been some contractor difficulty, but the major damage was caused by VANDALS!”
U.S. Attorney Jeanine Pirro, who initially filed the charges, faced criticism from Trump and Interior Secretary Doug Burgum after the dismissal. Pirro was later photographed carrying a box of evidence into the White House, which sources said contained interior department records exonerating Hearn and others from vandalism allegations. Pirro has not publicly commented on the matter.
Legal and Political Context
The Lincoln Memorial Reflecting Pool underwent a $2.1 million renovation completed in 2024, part of a broader push by the Trump administration to restore national landmarks. The project’s completion was a point of pride for the White House, with Trump frequently highlighting it as a symbol of his administration’s infrastructure efforts.
The dismissal of Hearn’s case has sparked debate over the role of federal prosecutors in politically sensitive cases. Critics argue the decision reflects prosecutorial discretion, while supporters of the administration claim it underscores political interference in legal proceedings. The DOJ’s ongoing review could result in new charges, a further dismissal, or no action, depending on the evidence re-evaluated.
Key Developments
- June 10: Federal prosecutors moved to dismiss Hearn’s indictment without prejudice, citing contractor error.
- June 20: A D.C. Superior Court judge dismissed the case but did not rule on whether it could be revived.
- June 22: Trump publicly challenged the dismissal, alleging vandalism and sharing unverified claims from a park employee.
- June 24: Pirro delivered evidence to the White House, per sources familiar with the matter.
- June 25: The DOJ confirmed it is reviewing the case for potential new charges, though no decision has been made.