The Justice Department acknowledged the damage to the Lincoln Memorial Reflecting Pool was the result of a botched installation by a contractor and moved to dismiss its criminal case against former Olympian David Hearn.
The dismissal marks an embarrassing setback for a Justice Department that had billed the prosecution as accountability for damage at a Washington landmark where President Donald Trump had launched a massive renovation project before the country's 250th anniversary celebrations. Trump, without providing evidence, has alleged the damage was caused by vandals.
But the case has long been saddled with evidentiary problems and challenges. Hearn has for weeks maintained his innocence, and his supporters have characterized the prosecution as a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.
Earlier this week, Hearn's lawyers sought access to grand jury transcripts because of what they said were "irregularities" in the process. They said a National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct.
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