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DOJ Asks Court to Dismiss Reflecting Pool Indictment but Keeps Door Open to Refile

Prosecutors say internal Interior and Park Service records undercut the vandalism theory and justify a dismissal without prejudice that could allow new charges if fresh evidence appears.

Overview

  • Prosecutors filed papers this week saying newly produced documents and a June 11 National Park Service engineer email show the peeled liner was likely 'overspray' from the contractor’s polyurea work, which weakens the claim that David Hearn caused the damage.
  • A judge dismissed the felony indictment against Hearn on August 6 and will hold a hearing in early September to decide whether the dismissal should be permanent or allow reprosecution.
  • The Justice Department says it received hundreds of megabytes of Interior Department files after the grand jury indictment that indicate liner blistering and installation flaws by Atlantic Industrial Coatings.
  • Hearn’s lawyers want the case dismissed with prejudice to bar any new charges and they point to public pressure from President Trump as creating a real risk of politically driven reprosecution.
  • Lawmakers and oversight officials have sought an inspector general review and congressional inquiries into Interior and Park Service disclosures, the fast‑tracked $14–16 million renovation and whether agency staff or contractors withheld critical information.