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By Sophie Brams   |   July 8, 2026

By Sophie Brams

July 8, 2026

 

Greg Nash

Lincoln Memorial Reflecting Pool caught in legal crossfire 

A multifront legal battle is intensifying over the Trump administration's controversial overhaul of the Lincoln Memorial Reflecting Pool, with arrests for alleged vandalism colliding with scrutiny of the renovation. 

President Trump shared plans in late April to repair and renovate the 2,028-foot landmark on the National Mall, describing it as “terrible” and “filthy” and promising the project could be completed for less than $2 million and in time for the nation’s 250th anniversary.  

The remodel — which came with a price tag more than seven times Trump’s estimate — was completed in the first week of June. It included waterproofing the pool’s bottom, mending leaking joints and repainting it “American flag blue.”

 
 

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But within days, clumps of algae popped up on the water's surface, giving it a green hue. Flecks of the newly applied, hand-picked paint also began peeling and floating to the top.   

Crews deployed by the Interior Department soon began using hydrogen peroxide and nanobubble technology to try to combat the algae blooms but to no avail.   

Multiple dead ducks were also found in and near the pool, spurring calls from the Center for Biological Diversity for an investigation into whether the use of those chemicals, the peeling paint or toxic blooms was responsible.

As scrutiny grew, the White House deflected blame. Administration officials claimed the water quality and aesthetic problems were the result of “crazy and deranged lunatics” vandalizing the site, with Trump claiming chemicals had been poured into the water and a 300-plus-foot slit was cut into the bottom.   

“They went down with probably a box cutter or a very sharp razor of some kind or a knife, and they cut, and then they started ripping it up,” he recently said in the Oval Office. “You know why? Because they’re sick people.”  

Experts aren’t so sure.   

“It is absolutely impossible that anyone could have inoculated that pool and shown an effect in literally hours," Wayne Carmichael, a biological sciences professor at Wright State University, told PBS News. “Absolutely a silly notion."  

Critics argued the problems were due to a rushed job, homing in on the no-bid contracts awarded to Virginia-based Atlantic Industrial Coatings and Ohio-based Green Water Solutions, two firms with ties to Trump.   

Interior Secretary Doug Burgum confirmed on Sunday that the same company will handle the pending repairs, defending the work as “fantastic.”

“Thankfully, the vandalism was small. It was, it was bad. I mean, it could cost tens of thousands of dollars to repair, so then it could fall into a felony, felony thing, just like damaging any other government property could,” Burgum said on CNN.   

The Trump administration has begun pursuing criminal cases against at least half a dozen individuals it says have vandalized the pool.   

That includes former U.S. Olympic canoeist David Hearn, a 67-year-old Bethesda, Md., resident who was indicted by a D.C. grand jury last week on felony destruction of property charges. He faces up to 10 years in prison if convicted.   

U.S. Attorney for the District of Columbia Jeanine Pirro accused Hearn during a press conference of “forcefully and violently pulling up and removing the bottom liner with both hands,” causing more than $1,000 in damage to 2 square feet of sealant.  

Hearn has denied any wrongdoing, and his attorneys alleged the justice system was being exploited to “provide political cover” for the administration.   

“Davey Hearn is innocent,” attorneys Norm Eisen and Mary Dohrmann said in a statement. “These charges are outrageous and should be alarming to every American. This indictment reflects the administration’s effort to shift blame for their own failures.”   

At least seven other individuals have also been cited for alleged vandalism, according to the Interior Department, which did not respond to a request from The Hill for further information about the criminal charges and citations.   

It’s all unfolding against the backdrop of a federal lawsuit that argues the work was unlawful from the start.  

The Cultural Landscape Foundation and its founder, Charles Birnbaum, sued in May to block the resurfacing project, arguing that it ran afoul of regulations in both the National Historic Preservation Act and the National Environmental Policy Act. 

“The persistent problems with the pool are the product of Defendants’ rushed and poorly conceived plans,” an amended complaint filed on July 2 stated. “And every day that Defendants forge ahead without following the procedures required by law, Plaintiffs and others are deprived of information and ability to participate in the review process that Congress provided for by law.”  

The Justice Department previously told the court that a full review was not required because it had conducted a “streamlined consultation” and determined that the project qualified as “routine maintenance and repair that will have trivial aesthetic and environmental impact.”  

“In their rush to litigate against a project they do not like, Plaintiffs filed a Motion that has a weak grasp of the facts,” DOJ attorneys wrote in court filings. 

District Judge Carl John Nichols, a Trump appointee, has yet to rule on the matter. He has given the Justice Department until July 17 to file a motion to dismiss the lawsuit.  

 

Welcome to The Gavel, The Hill’s weekly newsletter unpacking the intersection of courts & politics from Zach Schonfeld and Sophie Brams. Email us tips at zschonfeld@thehill.com and sbrams@thehill.com or reach out to us on X (@ZachASchonfeld and @sophiebrams) or Signal (zachschonfeld.48 and sbrams.32).

 

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SIDEBAR

 

5 top docket updates

1. SCOTUS ruling leads to dropped EEOC firing lawsuit: Former Democratic appointee to the Equal Employment Opportunity Commission (EEOC) Jocelyn Samuels, who was sacked by President Trump last year, has dropped a lawsuit challenging her removal in the wake of a Supreme Court ruling that strengthened the president’s firing power. 

2. Texas app store age-verification law gets greenlight: The Supreme Court cleared the way for Texas to enforce a state law that requires app stores and developers to verify users’ age and receive parental consent for minors, declining to pause enforcement while legal challenges play out.  

3. Georgia election workers subpoena quashed: A federal judge in the Northern District of Georgia has rejected a grand jury subpoena issued by the DOJ that sought the identities of thousands of 2020 Fulton County election workers. 

4. Epstein files fight continues: The DOJ has declined to release additional unredacted files from the investigation into convicted sex offender Jeffrey Epstein, arguing it has complied with federal law and is protecting victims’ privacy.  

5. Trump scores win in National Parks fight: A lower court order that required the National Park Service to restore signs and exhibits removed by the Trump administration was reversed by the 1st Circuit Court of Appeals. 

In other news

Tyler Robinson, the suspect accused of murdering Turning Point USA founder Charlie Kirk during an event at Utah Valley University last September, is in court this week for a five-day preliminary hearing to determine whether he will stand trial. Kirk’s widow, Erika Kirk, his parents and Donald Trump Jr. have been spotted in the courtroom.  

Todd Blanche will appear before the Senate Judiciary Committee for a two-day confirmation hearing next week on his nomination for attorney general. Blanche, Trump’s former personal lawyer, was formally nominated in June but has been serving as acting attorney general since Pam Bondi was fired in April.

 
 

IN FOCUS

 

Supreme Court Justices Elena Kagan and Amy Coney Barrett are heading to Capitol Hill.  

The two justices are set to testify on the Supreme Court’s annual budget in a pair of high-profile hearings between the House and Senate Appropriations Subcommittees on Financial Services and General Government on July 14.  

Their appearance will mark the first time that justices have sat before lawmakers during budget hearings since 2019, when Kagan and Justice Samuel Alito appeared before a House Appropriations Subcommittee.  

“The justices testifying before Congress should not be a once-per-decade event,” Gabe Roth, the executive director of watchdog group Fix the Court, told The Hill. “The nine ask for a significant, and precipitously increasing, amount of money from taxpayers each year, and they should be required to justify that request annually before appropriators, just like any other part of government.” 

The Administrative Office of the U.S. Courts is requesting $9.7 billion for its fiscal year 2027 discretionary budget, including $826.5 million in mandatory appropriations for judicial salaries and judicial retirement funds.  

The request includes a $14.6 million boost for the Supreme Court Police for “protective activities” related to the justices’ homes and families.  

The high court has beefed up its security apparatus following the extraordinary leak of a draft opinion in the 2022 Dobbs case, which overturned Roe v. Wade and ended the constitutional right to an abortion.  

Abortion rights activists staged protests outside the homes of the conservative justices, and Justice Brett Kavanaugh was targeted in an assassination attempt at his Maryland home over the decision. Sophie Roske was convicted in that incident and is serving an eight-year prison sentence.  

More recently, police responded to Barrett’s home in the Virginia suburbs in late May after receiving a call for a “suspicious noise of gunshots,” which was later determined to be false.  

 
 

ON THE DOCKET

 

Don’t be surprised if additional hearings are scheduled throughout the week. But here’s what I’m watching for now:

 

Today

 
  • Federal court hearing scheduled in Rhode Island on whether to stay a previous court order that blocked U.S. Citizenship and Immigration Services from halting asylum processing and freezing immigration benefits for individuals from 39 countries.  
  • Status conference for Brian Cole Jr., the suspect accused of planting pipe bombs outside the national Republican and Democratic Party headquarters on the eve of the Jan. 6, 2021, Capitol attack. 
  • Former Wisconsin Judge Hannah Dugan, who was convicted on obstruction charges for helping an undocumented man evade ICE officers, to be sentenced in Milwaukee. She faces up to five years in prison.  
  • Preliminary hearing for Tyler Robinson, suspect accused of murdering Charlie Kirk, expected to continue in Provo, Utah. 
 

Thursday

 
  • Preliminary hearing for Tyler Robinson expected to continue in Provo, Utah 
 

Friday

 
  • 9th Circuit Court of Appeals will hear oral arguments in a class-action lawsuit brought by five individuals over the Department of Homeland Security’s tactics against protestors outside the Immigration and Customs Enforcement (ICE) building in Portland 
  • Preliminary hearing for Tyler Robinson expected to continue in Provo, Utah 
 

Tuesday

 
  • Justices Elena Kagan and Amy Coney Barrett will testify before the House and State Appropriations Subcommittees on Financial Services and General Government 
  • Settlement conference scheduled in Euro-Notions Florida lawsuit over tariff refunds
 
 
 

WHAT I'M READING

 
  • The New York Times’ Mattathias Schwartz: Emil Bove Defended Trump in Court. Then Trump Made Him a Judge. 
  • Bloomberg Law’s Justin Wise: Sauer Shows Trump Loyalty While Losing Critical Court Fights 
  • NPR’s Carrie Johnson: Heirs of 'odious' 169-year-old Supreme Court ruling see modern parallels 
  • The Associated Press’ Chan Ho-Him: Louis Vuitton court victory against Chinese tea chain stirs up a debate over copyrights 
  • Politico’s Victor Goury-Laffont: Le Pen verdict: Surprise ruling complicates French far right’s presidential plans 
The Gavel

We’ll be back next Wednesday with additional reporting and insights. In the meantime, keep up with our coverage here.

 

Questions? Tips? Love letters, hate mail, pet pics?

Email: zschonfeld@thehill.com or sbrams@thehill.com

On Signal: @zachschonfeld.48 or sbrams.32

 
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