Donald Trump is still pointing to claims from “a highly credible witness” against David Hearn even though all charges against the former Olympian have been dropped.
The Lincoln Memorial Reflecting Pool has been undergoing a $14 million refurbishment ahead of the United States’ 250th anniversary, but the project ran into trouble when algae appeared and sections of the new coating began to peel.
Trump had previously blamed “vandals” for the issue, and Hearn, a former Olympic canoeist, was accused of pulling up part of the newly installed sealant. He was later indicted by a federal grand jury on a single felony property-destruction count that carried a possible prison sentence of up to 10 years. Three other individuals also faced misdemeanor charges related to alleged pool damage.
Earlier this month, however, the Department of Justice dropped the case. Government lawyers said the peeling was caused by a “flawed installation by the contractor” and a “rush to complete the project prior to events associated with the America 250 celebration.” US Attorney Jeanine Pirro, a Trump appointee, acknowledged in her motion that the damage was “the result of flawed installation by the contractor, Atlantic Industrial Coatings,” and noted that the Interior Department had not provided key documents to her office until after the indictment was returned. She said the pressure to finish before Independence Day contributed to the renovation’s failure. Within days, charges against the three other defendants were also dismissed.
Despite that reversal, Trump went back onto Truth Social and posted what he described as “witness testimony” against Hearn.
In an August 9 post, Trump wrote, “ALERT: A National Park Service career employee, a highly credible witness, saw David Hearn (ActBlue) in broad daylight vandalize the Reflecting Pool by ‘violently’ ripping and tugging at the Pool’s somewhat delicate coating. The National Park Service employee provided this witness testimony to the U.S. Attorney’s Office in early July, as seen below.”
Trump’s post also included a screenshot of the apparent statement and highlighted the line that said, “The NPS employee, W-1, stated that the defendant then knelt, placed both hands into the reflecting pool – below the surface of the water – and started to ‘violently’ rip and tug at a large portion of the blue pool coating.”
He further suggested this was only one of “numerous other events” that “took place”.
Trump also alleged that “an acid like material” had been used on “the just installed grass adjoining the Pool”. He added, “On it were written the letters, ’86 47,’ a phrase probably gotten from James Comey.”
His post went on to say, “There was substantial other damage to the Reflecting Pool, also but, unfortunately, there is no video or proof, other than the damage, itself. We are working on the Pool, and it will reopen shortly. As with many jobs, there was also some contractor error done by rushing the job for a July 4th opening, but it was a very small area of this massive Pool, and was relatively inconsequential. Security cameras have been, and are being, installed. Thank you for your attention to this matter! President DONALD J. TRUMP.”
The latest post came after Trump said he was “extremely disappointed” by the case’s outcome. Hearn’s lawyers had also warned that the dismissal “has not eliminated the possibility that Mr Hearn could again become the target of prosecution should political pressure yet again prevail over the facts and the evidence now reflected in the government’s motion to dismiss”.
Responding to the renewed claims, Hearn’s attorneys Norm Eisen of Democracy Defenders Fund and Mary Dohrmann of Washington Litigation Group said, “The government is continuing to attack an innocent man. Our first filing in the case on July 10 included photographic evidence from before Mr Hearn touched the Reflecting Pool proving that he caused no damage. Our other filings provided even more proof. Finally, the US Attorney’s own motion on July 31 admitted the damage was caused by ‘a botched installation and not vandalism’. We are reviewing all legal remedies, including for this continued harassment. It is outrageous.”