Senator John Kennedy (R-La.) on Sunday cast doubt on President Trump's insistence that vandals were responsible for damage to the Lincoln Memorial Reflecting Pool, as the Justice Department moved to abandon its prosecution of a former Olympian in the case.
Speaking on NBC's Meet the Press, Kennedy told host Kristen Welker that he could not say whether Trump genuinely believes his vandalism claims or is engaging in political spin. "I don't know whether he really believes that, or it's part of his political messaging, or he's just thinking out loud," Kennedy said. The Louisiana Republican, a member of the Senate Judiciary Committee, added: "You and I both know the President well. He exists loudly, and he grows anxious when he has an unexpressed thought."
Kennedy's comments came after the DOJ on Friday filed a motion to dismiss the felony destruction of property charge against David Hearn, a three-time Olympic canoeist. In a 20-page filing, federal prosecutors from the U.S. Attorney's office for Washington, D.C., attributed the damage to a "rushed and botched installation" by Atlantic Industrial Coatings, the contractor hired to repaint the pool's bottom this spring and summer. The filing also criticized the Interior Department for producing a "barebones" report that initially pointed to Hearn.
Prosecutors detailed a litany of problems with the installation, including rainy and windy weather, repeated failures in testing the sealing of expansion joints, and delays in obtaining sealing materials. "The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed," the filing stated. Associate Judge Todd Edelman, an Obama appointee on D.C.'s Superior Court, will make the final decision on whether to dismiss the case.
Trump, who appointed U.S. Attorney Jeanine Pirro to her post in May 2025, reacted sharply to the decision. In a post on Truth Social, he wrote, "I don't know what she was thinking? To me, it was a pure case of VANDALISM. ... There may have been some contractor difficulty, but the major damage was caused by VANDALS!" Pirro, a former local prosecutor, judge, and Fox News host, has drawn scrutiny from Democrats who have seized on the dropped case to attack the Trump DOJ, as Democrats amplify their criticism of the administration's handling of justice matters.
Kennedy, however, defended Pirro's decision to pull the case, calling it a "multiple vehicle pile-up" that was poorly investigated from the start. "Federal judges will not tolerate that," he said. "And so I don't know why she filed the suit without doing a full investigation. She says she relied on the Department of Interior. But she was smart to pull it back."
Hearn, who pleaded not guilty earlier this month, has maintained his innocence. His attorney has not commented on the DOJ's motion, but legal analysts suggest the case's collapse could lead to civil action against the government. Conservative commentator and former Bush aide Ari Fleischer has urged Hearn to sue the Justice Department for the ordeal.
The episode has become a flashpoint in the broader political battle over Trump's relationship with the federal judiciary and his appointees. The president has also pressured GOP senators on the nomination of DHS Secretary Kristi Noem, as reported in Trump's pressure campaign. Meanwhile, Kennedy's remarks highlight the unease among some Republicans about the president's tendency to make sweeping claims without evidence, a trait that has occasionally put him at odds with his own party's legal experts.
The Lincoln Memorial Reflecting Pool, a symbol of national heritage, has been closed for repairs since the damage was discovered. The National Park Service has not yet announced a timeline for reopening, but officials say the contractor's work will need to be redone. As the case winds down, the political fallout is likely to continue, with Democrats pointing to the DOJ's own findings as proof that the administration's initial narrative was false.
