Whitehouse, Heinrich Urge Inspector General to Probe Trump DOI Deception Amid Reflecting Pool Saga

Last week, USAO-DC dropped failed criminal case against former Olympic athlete citing incomplete and faulty information provided by DOI

Washington, D.C. - Senators Sheldon Whitehouse (D-RI), Ranking Member of the Senate Committee on Environment and Public Works (EPW), and Martin Heinrich, Ranking Member of the Senate Energy and Natural Resources Committee (ENR), asked the U.S. Department of Interior (DOI) Office of the Inspector General to open a probe into DOI's series of false public statements and its misrepresentations to the U.S. Attorneys' Office for the District of Columbia (USAO-DC) regarding the recently installed and peeling liner of the Lincoln Memorial's Reflecting Pool.

"We write to request that the Office of Inspector General investigate what employees of the Department of the Interior 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 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," wrote Ranking Members Whitehouse and Heinrich in the new letter.

In April 2026, the Trump administration launched a project and entered into two no-bid contracts to re-coat the bottom of the Reflecting Pool on the National Mall ahead of planned celebrations for America 250. Over the next two months, costs initially estimated at $1.5-$2 million ballooned to over $16 million. On May 7, President Trump and Secretary Burgum visited the Reflecting Pool, and a month later announced that the work was complete and crews would soon refill the Pool.

On June 18, public reporting emerged that the Reflecting Pool's coating had begun to peel, and the following day, former U.S. Olympic athlete David Hearn was arrest and charged with felony vandalism after reaching into the pool and touching a piece of peeling liner. In the days following the arrest of Mr. Hearn and others, President Trump claimed in public comments that vandals had made a 350-foot gash in the new coating.

But on July 31, U.S. Attorney Jeanine Pirro and her office dismissed the charges against Hearn, citing incomplete and faulty information provided to the USAO-DC by the Department of Interior. Among other things, the motion to dismiss included the revelation that a National Park Service (NPS) employee had alerted NPS and DOI personnel of the peeling on June 11-eight days before Mr. Hearn's arrest-and concluded that evidence DOI eventually provided "strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the Reflecting Pool."

"[T]he 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," wrote the senators.

One day after the USAO-DC moved to dismiss the charges, Interior Secretary Doug Burgum tweeted: "The evidence is clear, vandals have repeatedly caused damage to the Reflecting Pool." President Trump summoned U.S. Attorney Pirro to the White House on Monday and accused Pirro of "folding like an umbrella" by moving to dismiss the charges against Hearn.

The senators added, "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," concluded Whitehouse and Heinrich.

The Environment and Public Works Committee has oversight jurisdiction of the public buildings and improved grounds of the United States generally, including Federal buildings in the District of Columbia. The Energy and Natural Resources Committee has oversight jurisdiction of most DOI operations and bureaus, including the National Park System.

A PDF of the letter is available here.