The U.S. Department of Justice is dropping criminal vandalism charges against former Olympian David Hearn regarding damage at the Lincoln Memorial Reflecting Pool.
The dismissal marks a significant reversal in a high-profile case that centered on the integrity of one of Washington, D.C.'s most iconic landmarks. The decision removes legal jeopardy for Hearn and several other individuals involved in the incident.
In a court filing on Aug. 5, 2026 [1], government lawyers said that information gathered since the original indictment revealed the damage was not intentional. The DOJ said the damage was the result of a flawed installation by the contractor [1]. This finding contradicts the initial theory that the site had been intentionally vandalized.
While the DOJ cited technical failures for the dismissal, the move sparked a public reaction from the White House. President Donald Trump commented on the decision and the role of U.S. Attorney Jeanine Pirro, saying, "Jeanine Pirro choked" [3].
The legal proceedings now shift toward the finality of the case. An attorney for Hearn said they are seeking a dismissal with prejudice of the indictment [2]. A dismissal with prejudice would prevent the government from filing the same charges against Hearn again in the future.
According to some reports, the DOJ is moving to drop charges for Hearn and three other individuals [3]. This would bring the total number of people seeing their charges dismissed to four [3]. Other reports focused specifically on the indictment against Hearn [1], [2].
“"The damage was the result of a flawed installation by the contractor."”
The shift from a criminal vandalism case to a contractor error highlights the risks of premature indictments based on incomplete technical evidence. The public friction between the President and the U.S. Attorney's office further underscores the political volatility surrounding federal prosecutions of high-profile figures.
