Heinrich, Whitehouse Call For Interior Inspector General Investigation into Trump Administration's Handling of Failed Lincoln Memorial Reflecting Pool Project

WASHINGTON – Today, U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the U.S. Senate Energy and Natural Resources Committee, and U.S. Senator Sheldon Whitehouse (D-R.I.), Ranking Member of the U.S. Senate Environment and Public Works Committee, sent a letter requesting that the Department of the Interior (DOI) Deputy Inspector General Caryl Brzymialkiewicz investigate what Department officials knew – and when they knew it – about engineering failures at the Lincoln Memorial Reflecting Pool and whether DOI employees withheld evidence from federal prosecutors.

The request follows explosive new court filings from the U.S. Attorney’s Office for the District of Columbia, which moved to dismiss felony vandalism charges against the three-time Olympian David Hearn after acknowledging that DOI had failed to provide prosecutors with information showing the Reflecting Pool’s lining was already peeling because of a rushed and flawed installation process before Hearn was arrested.

“We write to request that the Office of Inspector General investigate what employees of the Department of the Interior (DOI) knew—and when they knew it—regarding the peeling of the coating and other engineering issues at the Lincoln Memorial Reflecting Pool. On July 31, 2026, the U.S. Attorneys’ Office for the District of Columbia (USAO-DC) filed a voluntary motion to dismiss felony vandalism charges against David Hearn, noting in its pleading that documents it received from DOI after the indictment ‘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.’ Additional details provided in the motion—and prior (and continuing) contradictory statements by DOI leadership — deserve immediate scrutiny,’” the Senators began.

The Senators note that the DOJ’s filing states prosecutors relied on incomplete and faulty information from DOI and only obtained critical evidence after repeatedly requesting documents from the Department. According to the filing, had DOI disclosed information already in its possession, prosecutors never would have sought a grand jury indictment against Hearn. The filing further reveals that a National Park Service engineer alerted DOI officials on June 11 – eight days before Hearn’s arrest – that the Reflecting Pool’s new lining was already peeling.

“These events, and the information and documents that DOI apparently possesses that remain non-public, provide ample predicate for an investigation by your office. Numerous questions remain: How was the vandalism lie cooked up? How did it get to President Trump’s desk? Or did it originate from the White House? What knowledge of the peeling did DOI employees (including DOI leadership) possess, when did they possess it, and what were their respective roles? Who received and was copied on the June 11 email thread? Why did DOI hold relevant documents from USAO-DC?” the Senators pressed, raising questions about what DOI officials knew, who was aware of the engineering failures, why key information was withheld from prosecutors, and whether senior Department officials continued to promote false claims even after evidence contradicted them.  

The Senators concluded their letter urging the Interior Inspector General to investigate DOI’s knowledge of the coating failures and whether DOI employees intentionally withheld evidence from the U.S. Attorney’s Office, “Accordingly, we urge your office to open an immediate investigation into DOI’s knowledge of coating and peeling issues with the Reflecting Pool—including what was known, who knew it, and when they knew it—and whether DOI employees intentionally withheld evidence from USAO-DC.”

The request builds on Heinrich's June oversight letter demanding answers from Secretary Burgum after the Reflecting Pool rehabilitation project spiraled from an estimated $1.5-2 million to more than $16 million, noting that the issues facing the reflecting pool were not simply maintenance concerns, but failures in project execution and government oversight.

The full letter is available here and below. 

Dear Deputy Inspector General Brzymialkiewicz:

We write to request that the Office of Inspector General investigate what employees of the Department of the Interior (DOI) knew—and when they knew it—regarding the peeling of the coating and other engineering issues at the Lincoln Memorial Reflecting Pool. On July 31, 2026, the U.S. Attorneys’ Office for the District of Columbia (USAO-DC) filed a voluntary motion to dismiss felony vandalism charges against David Hearn, noting in its pleading that documents it received from DOI after the indictment “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.” Additional details provided in the motion—and prior (and continuing) contradictory statements by DOI leadership—deserve immediate scrutiny.

Here are the relevant facts surrounding the Reflecting Pool renovations and subsequent arrests:

• In April 2026, the Trump administration launched a project to seal seams and re-coat the basin bottom of the Reflecting Pool, estimating costs at $1.5 to $2 million. To complete the work, the administration entered into two no-bid contracts on April 3 and 13, respectively, with Atlantic Industrial Coatings (AIC) and Greenwater Services.
• During April and May 2026, the project ran into various delays and the scope of work expanded as contractors discovered complications. Costs also began to balloon, eventually reaching more than $16 million.
• On May 7, 2026, President Trump visited the Reflecting Pool, and his motorcade drove directly over the drained, coated basin. DOI Secretary Doug Burgum joined President Trump.
• On June 4, 2026, the administration announced that the re-coating was complete and crews would begin refilling the pool.
• On June 10, 2026, observers and news media began noting algal blooms in the pool water, and maintenance crews used hydrogen peroxide to clear the algae.
• On June 18, 2026, news outlets first reported that the Reflecting Pool’s new coating had begun to peel.
• On June 19, 2026, three-time Olympian David Hearn was arrested and charged with felony vandalism after he reached into the pool and touched a piece of peeling paint.
• Also on June 19, 2026, President Trump first posed on Truth Social that there were “some real problems with Vandalism at the beautiful Reflecting Pool.” He repeated the claims on June 20, 2026, adding that vandals had made a 250-foot long gash. And on June 23, 2026, he increased his claims to a “350 foot gash, made by a very sharp knife or razors,” but indicated that the length was the combined total of multiple smaller gashes. He provided no evidence.

New information in the court documents filed on July 31, 2026, provides the basis for this request. USAO-DC attorneys, including U.S. Attorney Jeannine Pirro, filed a voluntary motion to dismiss the felony charges against Mr. Hearn. In their motion, the attorneys explicitly stated they had relied on incomplete and faulty information provided by DOI in bringing the charges:

DOI provided less than fulsome information at the outset of this case. However, the information subsequently demanded by USAO 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. It was not until USAO-DC repeatedly reached out to DOI dozens and dozens of times that DOI slowly started trickling information to USAO-DC. Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.

Among other things, the motion to dismiss included the revelation that, on June 11, 2026, “a[] [National Park Service] engineer was alerted to peeling of the Reflecting Pool lining. He sent an email at 12:00 p.m. that day to other NPS and DOI personnel detailing the [peeling].” This June 11, 2026, email was sent 8 days before the arrest of Mr. Hearn.

Furthermore, the withholding of this exculpatory information walked DOJ lawyers into a violation of their Brady and Giglio obligations. Brady v. Maryland held that due process requires prosecutors to disclose to the accused all “favorable” and exculpatory evidence that is “material” to their case. Giglio v. United States requires that prosecutors disclose information about a government witness that could undermine that witness’s credibility, a requirement echoed in D.C. law, court rules, and the D.C. Rules of Professional Conduct. These disclosures protect “the defendant’s right to a fair trial” and “ensure that a miscarriage of justice does not occur.”

These events, and the information and documents that DOI apparently possesses that remain non-public, provide ample predicate for an investigation by your office. Numerous questions remain: How was the vandalism lie cooked up? How did it get to President Trump’s desk? Or did it originate from the White House? What knowledge of the peeling did DOI employees (including DOI leadership) possess, when did they possess it, and what were their respective roles? Who received and was copied on the June 11 email thread? Why did DOI hold relevant documents from USAO-DC?

These questions, and any attendant questions, are all squarely within the purview of the DOI IG. Investigation by your office is especially warranted given that DOI’s leadership continues to advance President Trump’s false claims notwithstanding the admissions in USAO-DC’s motion to dismiss; indeed, a day after USAO-DC filed that motion, Secretary Burgum tweeted: “The evidence is clear, vandals have repeatedly caused damage to the Reflecting Pool.”

Accordingly, we urge your office to open an immediate investigation into DOI’s knowledge of coating and peeling issues with the Reflecting Pool—including what was known, who knew it, and when they knew it—and whether DOI employees intentionally withheld evidence from USAO-DC.

We appreciate your prompt attention to this matter and look forward to your findings.

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