White House Pushes DOJ to Pursue Misdemeanor Charge in Lincoln Memorial Pool Case

The Lincoln Memorial Reflecting Pool case has taken an unusual turn. Federal prosecutors dropped felony charges against Olympic canoeist David Hearn in late July, concluding that the damage to the newly renovated $14 million pool resulted from flaws in the installation process, not intentional vandalism. The Department of the Interior had reached this conclusion after investigating cracks, algae growth, and peeling sealant discovered in the pool's coating. U.S. Attorney Jeanine Pirro's office moved to dismiss the charges on July 31, acknowledging they lacked sufficient evidence to support the original accusation.

But the case is not over. White House officials have since asked the Department of Justice to explore whether a misdemeanor charge could be brought against Hearn instead. The Wall Street Journal first reported this development. No final decision has been made, but the request signals that the Trump administration is not satisfied with the dismissal and wants to pursue some form of prosecution.

Hearn was initially identified as a suspect after U.S. Park Police observed him grabbing and tugging at a loose section of the pool's coating on June 19. Park Service employees told him to stop, but he continued. The damage was estimated at roughly $1,000. He was indicted on July 2 on one count of felony destruction of property.

The Trump administration has disputed the Interior Department's findings. President Trump stated that knife slashes were discovered in the pool's material and that witnesses reported seeing people kneeling at those exact locations with their hands in the water. Trump has publicly criticized Pirro's decision to drop the charges, calling it "hastily made" and suggesting she "choked" under pressure from a judge. He also attacked Hearn's alleged connections to ActBlue, a Democratic fundraising platform, and criticized his legal representation, particularly attorney Norm Eisen, whom Trump described in inflammatory terms.

Hearn's legal team has responded sharply to the prospect of renewed prosecution. In a joint statement, attorneys Norm Eisen, Mary Dohrmann, and Steve Levin warned that pursuing a new case would undermine the DOJ's credibility. They characterized a retrial as "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 called it another "bizarre turn" in what they described as a sad chapter in the department's history and said it would further harass an innocent man.

Technically, a renewed prosecution remains possible. Pirro's office sought dismissal without prejudice, a legal designation that allows charges to be refiled. This procedural detail has left the door open for the White House's request. The case now sits in a peculiar limbo: prosecutors have concluded there is insufficient evidence to support the original charges, yet the administration is pushing to try again, this time on a lesser charge. What happens next depends on whether the DOJ decides to pursue the White House's request or stands by the dismissal.