DOJ’s Own Witness Upends Reflecting Pool “Vandalism” Case

The Department of Justice’s own witness is undermining its case against David Hearn, the former Olympic canoeist charged with vandalizing and damaging the Lincoln Memorial Reflecting Pool.

According to court documents, a grand jury witness for the government said that the pool was damaged before Hearn even approached it. NBC News reports that this witness was the only person who testified about damage to the pool.

Hearn, who has pleaded not guilty, maintains that “the condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there,” and that he only touched a part of the pool’s detached coating. President Trump claims that vandals used a knife or blade to cause a “gash” in the pool’s lining, but has no evidence to back up his claim.

Hearn has been charged with destruction of property, a felony, and accused of causing $1,000 worth of damage to the pool. His lawyers question the evidence behind that claim, noting that the alleged cost is the necessary threshold to charge him with a felony. At least three other people have been charged with misdemeanors related to incidents at the pool.

Hearn’s lawyers said that the government’s main witness testimony “established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn.”

“The government’s only witness on that element testified that the property was already deteriorated, that the identified repairs would have been needed even without Mr. Hearn’s alleged conduct, and that he could not quantify any loss caused by that conduct,” they continued. “Consequently, the grand jury’s indictment of Mr. Hearn is hard to explain. Mr. Hearn needs to learn whether the grand jury was properly instructed that the charge required him to have caused over $1,000 in damages, when the testimony failed to establish that he caused any damage at all. So does this Court.”

It would seem like the government’s case may soon fall apart, just like the pool lining, which was likely damaged by President Trump in the first place. ...