Reflecting Pool peeling caused by 'flawed' work, US Justice Department says

WASHINGTON- A flawed installation, not vandalism, caused the liner of the newly renovated Lincoln Memorial Reflecting Pool to peel, the Department of Justice said on Friday, as it dropped its case against a former U.S. Olympian.

In a court filing, U.S. Attorney Jeanine Pirro and Assistant U.S. Attorney Michael Spence asked a judge to drop the Trump administration's case against David "Davey" Hearn, 67, whom it had accused of vandalizing the pool, which has become a flashpoint over President Donald Trump's efforts to remake Washington.

The renovated pool had quickly developed blooms of algae that tinted the water green, while pieces of the blue lining had peeled off. Trump, facing criticism over the $14.7 million renovation, had repeatedly blamed the problems on vandals he alleged had intentionally sabotaged the project.

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The DOJ said the latest documents it got from the Department of the Interior "indicated a rushed and flawed installation process, with repeated failures of the lining during the installation process, and extensive peeling of the lining throughout the Reflecting Pool."

Pirro and Spence wrote that "the information subsequently demanded by (U.S. Attorney's Office) and disclosed by DOI — which was not known to the prosecutors or the grand jury before the return of the indictment — strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the Reflecting Pool."

The Interior Department and Atlantic Industrial Coatings did not immediately respond to requests for comment.

Following the initial vandalism charges brought against Hearn and others, Interior officials only "slowly started trickling information" to prosecutors after "dozens and dozens" of requests from the U.S. Attorney's Office, according to Pirro and Spence.

"Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment," they wrote.

The 2,000-foot (600-meter) pool, a centerpiece of Washington's National Mall, had been refurbished with an "American flag blue" liner at Trump's request. The work was hurried in an attempt to get it done in time for events associated with July's 250th anniversary celebration of U.S. independence, according to the filing.

The pool renovation was part ⁠of Trump's efforts to remake the U.S. capital, which have included tearing down the East Wing of the White House to put up a ⁠ballroom and plans to ​build a massive arch near Arlington National Cemetery, where the ​U.S. honors its war dead and other prominent Americans.

Hearn, a former U.S. Olympic canoeist, pleaded not guilty this month to vandalizing the pool. He faced a felony charge of destruction of property after federal prosecutors alleged he intentionally damaged lining material at the bottom of the Reflecting Pool last month.

Hearn had acknowledged reaching into the pool while cycling in the area and touching a piece of pool liner that was already partially detached but he denied removing anything from the pool.

Hearn's lawyers said on Friday that he "did nothing wrong."

They said the dismissal of the case does not erase "the abuse of government power" and that the administration owed him an apology.

Reporting by Kanishka Singh and Andrew Goudsward in Washington; Editing by Sergio Non, David Gregorio, Tom Hogue and William Mallard/Reuters