An advocacy group suing the Department of the Interior over the Lincoln Memorial Reflecting Pool warned in a new filing that the agency is racing to destroy evidence just as newly surfaced documents undercut its own vandalism story.
The Cultural Landscape Foundation asked a federal judge on Tuesday for emergency permission to inspect and document the pool's current condition before Interior crews perform more repair work that could wipe out physical evidence.
A National Park Service official previously swore under oath that the pool's damaged lining showed signs of deliberate sabotage, including caulk allegedly cut with a sharp blade.
But a separate Justice Department filing in a related criminal case tells a very different story. Prosecutors there dropped charges against David Hearn, an Olympic canoeist accused of vandalizing the pool, after reviewing evidence showing the real culprit was shoddy construction work tied to President Trump's $14 million renovation of the site.
"Damage was the result of a botched installation and not vandalism as initially represented," the DOJ filing said.
The foundation's lawyers argue that inconsistency alone justifies letting them document the pool's condition immediately, noting Interior has already signaled plans for further work that could erase the discrepancy for good. They also flagged internal agency records showing the project was rushed through a "streamlined review" process atypical for the site, allegedly at the direction of "White House leadership."
Attorneys for the plaintiffs say Interior can't credibly claim it would be harmed by a brief site inspection, especially given how heavily the agency has already leaned on claims about the pool's condition in its own court filings.
As of press time, U.S. District Judge Carl Nichols, an appointee of President Donald Trump, ruled against the Cultural Landscape Foundation's request, without providing a reason.
