An engineer from the U.S. National Park Service warned the Trump administration in early June about a problem with the floor of the Lincoln Reflecting Pool. The court documents revealed this information on Wednesday. The engineer’s concern was related to the renovation process and the materials used, which were causing the flooring to peel.

Despite this warning, President Donald Trump accused several people of causing destruction to the pool when it reopened to the public. The U.S. Attorney’s Office in Washington, D.C., charged former Olympian canoeist David Hearn with property damage during a June 19 visit.

The communication from the Park Service engineer, sent in an email on June 11, highlighted the issue of peeling. This email was included by the U.S. Attorney’s Office in court filings. The engineer mentioned that the top layer of the liner was peeling but noted that this was a thin layer which would not affect the liner’s strength.

The engineer explained in the email that the contractor had described the peeling area as ‘overspray’ from applying polyurea to the perimeter joint, according to the Justice Department. The engineer warned that this could lead to a 1’-2’ strip being prone to peeling.

The engineer sent this email to both Interior Department and Park Service personnel. An image captured the Washington Monument reflected in the partially drained pool on August 12. Assistant U.S. Attorney Michael Spence noted that these statements raised doubts about the damage attributed to Hearn.

Spence argued that the late submission of documents showing issues like blistering and peeling would impair the government’s ability to prove Hearn’s guilt. On July 31, the U.S. Attorney’s Office, led by Jeanine Pirro, dropped the charges against Hearn. They cited the new information which undermined the indictment’s evidentiary basis. This information included documents from the Interior Department indicating installation issues by Atlantic Industrial Coatings.

President Trump publicly criticized Pirro for withdrawing the charges, asserting that the Reflecting Pool had been vandalized. Hearn’s attorneys are now seeking to prevent the Justice Department from pursuing what they consider a politically motivated prosecution.

In a recent filing, the U.S. Attorney’s Office asked a superior court judge to dismiss the case without prejudice. This action would allow prosecutors to refile charges against Hearn if necessary.