BREAKING: In a filing late Friday afternoon, a supervisor in the US Attorney’s Office for the District of Columbia, which Jeanine Pirro heads, has filed a 20-page motion to dismiss the indictment against David Hearn, the Olympian who dared to touch the reflecting pool. 

The motion explains that federal officials allegedly obtained information that undermined “the evidentiary basis for the indictment” against Hearn. According to Jeanine Pirro, the evidence that the Department of Justice submitted in the motion to dismiss was only very recently given to her office. 

According to the filing, it is now clear to the many attorneys in the federal government that the damage to the reflecting pool was the result of a “flawed installation by the contractor” as well as “the rush to complete the project before events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”

“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” reads the filing from Pirro’s office. 

Prosecutors claim that only after the indictment was made that the Department of the Interior “provided additional documents to the USAO-DC indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings.” The DOJ said they “first became aware of information showing that the damage was the result of a botched installation and not vandalism” after reviewing more documents. So in addition to throwing the Interior under the bus, Pirro wanted to make sure and get the contractor under there, too.

Given that everyone in America was speculating about the shoddy construction work on the reflecting pool repairs, and the effects of Donald Trump driving OVER the unfinished surface with his Secret Service brigade, it’s hard to accept that the idea that there was contributory negligence involved is kind of mind-blowing. 

A spokesperson for Pirro also has confirmed that the DOJ has additionally moved to dismiss at least one more of the other three misdemeanor cases that had been brought in connection with the Reflecting Pool.

Full motion: