Hearn, a champion canoeist, had been facing a 10-year prison sentence if he had been found guilty. He previously told the BBC that he was riding his bike near the pool when he reached down to touch a piece of the lining that was peeling.
The Justice Department said new information from the Department of Interior (DOI) indicated “that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor” and “the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026”.
The concession represented a stunning about-face for prosecutors who had just days before accused Hearn of “a deliberate act to damage the Reflecting Pool”.
Trump then took to social media to say he disagreed “100%” with Pirro’s decision to drop the charges, describing it in separate statements as “a disgrace” and “stupid”.
“There may have been some contractor difficulty, but the major damage was caused by VANDALS!” the president wrote in August. Trump has urged Pirro to revive the case against Hearn.
“US Attorney Jeanine Pirro should re-visit her hastily made decision, especially since it turned out that the ‘gentleman’ involved is a big player in ActBlue,” he said on 7 August, referring to Hearn and the campaign fundraising platform used by Democrats.
He also disparaged Norm Eisen, one of the attorneys representing Hearn, who previously worked for President Barack Obama, as well as on an impeachment case against Trump during his first term.
Hearn’s legal team hailed the permanent dismissal as “a victory for the rule of law”.
“This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted,” they said. “Today’s decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves.”
Asked for comment about the decision, a White House spokesperson referred the BBC to Trump’s online comments which were cited by the judge, including his suggestion the case should not have been dropped. The BBC has also contacted Pirro’s office and the justice department for comment.
