Empty Reflecting Pool Puts DOJ’s “Vandalism” Case on Brink of Collapse

The Trump administration’s case against the former Olympic canoeist accused of damaging the Lincoln Memorial Reflecting Pool is about to fall apart.

Following the draining of the Reflecting Pool last week, David Hearn filed a motion to dismiss the federal indictment against him. In his motion, Hearn argued that the U.S. Attorney’s Office for the District of Columbia failed to preserve the physical evidence against him: the lining of the pool that he is accused of damaging.

Hearn’s attorneys said in their motion that they had made a written request for federal prosecutors to preserve the evidence, but the pool has repeatedly been drained more than once since his arrest, and large sections of the liner are missing.

The case against Hearn has always been weak, considering that other people have noticed sections of the pool’s paint and lining, applied on President Trump’s orders, coming apart and peeling. Hearn is accused of “forcefully and violently” tearing two square feet of the pool’s newly added blue paint, and he maintains that he merely touched an already peeling piece of paint.

Trump has blamed vandalism for the sorry state of the pool, when in reality the addition of hydrogen peroxide to the water in a futile attempt to kill algae probably led to the paint and liner peeling away. The judge in the case, D.C. Superior Court Judge Carmen McLean, rebuffed the government’s attempt to bar Hearn from the pool earlier this month, in effect recognizing the case’s weakness.

Meanwhile, the White House has enlisted the FBI to bolster the case, but considering that the pool has been repeatedly drained, they’re not likely to come up with any new evidence, wasting even more tax dollars. Over $14 million has already been spent on the Reflecting Pool, and that number can only be growing as it seems to get worse every day. ...