President Donald Trump may be putting his prosecutions for the Reflecting Pool at risk, a judge warned in court on Monday.
Olympic canoeist David Hern's legal team was in court Monday after a filing last week allegi that the government has tampered with or outright destroyed evidence in the case and that the charges against him should be dismissed.
The Atlantic reported that on Friday, Hern's legal team "filed a lengthy motion to dismiss the case on the grounds that the government has drained and altered the Reflecting Pool, essentially tampering with the evidence without allowing the defense to examine it."
The judge on Monday refused to dismiss the case, according to The Atlantic's Matt Viser, who posted about the hearing on X.
The judge then told the DOJ that the government should not alter the Reflecting Pool area and must give defense experts access to test it, Viser noted.
“Non-preservation,” the judge said, “the government does it at its own peril.”
Freelance photographer Andrew Leyden observed on Monday morning that inspection crews were doing exactly that.
The pool was drained after the July 4 fireworks show, and no 250-300-yard gash has been spotted in the liner yet, The Atlantic report said.
The workers appeared to "peel back a large section of the coating that has detached from the base of the pool," said Leyden.
Observers last week witnessed FBI agents walking the pool with cameras and other equipment, the New York Times reported.
One of Hearn's long-time friends, Adam Van Grack, who once served as chair of the U.S. Olympic governing body for canoe and kayak sports, said that going after Hearn was a mistake.
"The U.S. government could not have picked a worse person to be the headliner felony defendant in this trial," Van Grack told The Atlantic.
He also confessed that he had touched the water once, though he hasn't been arrested.
“Maybe I shouldn’t say this, but I put my hand in the Reflecting Pool,” Van Grack said. “It’s been the people’s pool, as opposed to this idea that if you touch the water or touch the bottom of the pool, you’ve committed a felony.”
The Washington Post spoke to four major experts who handle the kind of work done on the Reflecting Pool. All agreed that damage wasn't caused by vandals, but by an improper sealing job.
