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Michael Popak
Close your eyes.
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Michael Popak
Well, you can forget the trial of the century. Jeanine Pirro in breaking news is now has filed a motion to dismiss the indictment against former Olympic cyclist Davey Hearn for touching the floating liner that came up from the bottom of the pool because she finally had to admit something I've been talking about for over two weeks, that this floating liner problem in a seven acre site was not the product of Davey Hearn coming off a 52 mile bike race seeing a floating piece of liner souvenir and wanting to touch it. That doesn't constitute malicious destruction of Federal property of $1,000 in nature to support a felony charge and an indictment. But instead, as I said, Atlantic Industrial, which is the company that Donald Trump hired for anywhere between 1.7 and $14 million to do this, you know, cut rate, cut the corner too fast, shoddy, speedy job. Okay. Admitted in their own website that they were remaking all of the repairs not because of a criminal vandalism or a criminal poisoning using toxic chemicals to create algae and ripped off liner. They were doing it pursuant to their warranty. And now in the new, which means there was no criminal conduct, just shoddy workmanship. Shoddy installations do warranty cases. I know what bad waterproofing looks like and that's what this looked like. And there's a reason that the waterproofing was coming up in sections from the bottom of the pool. And not only did they dismiss the indictment, but they threw the Department of Interior and Jeanine Pirro's own people threw Donald Trump under the bus. Wait till Donald Trump reads the motion to dismiss the indictment filed by Jeanine Pirro. Now stop right there for a minute folks. You might think it's odd to hear another story about the Department of Justice moving to dismiss indictment that they just got. This isn't a motion to dismiss filed by the defense. This is filed by the prosecution. Wait till I read to you and wait till Donald Trump hears what his own lawyers have written. Let me go, let me go to. Let me go to the, the reporting on this. This is a new motion to dismiss filed in the D.C. superior Court where this case is being handled. And this is what the filing reportedly says, right? Remember, seven acre site, big sections of rectangles floating to the surface for which they're blaming poor Davey Hearn. Here's what Jeanine Pirro's office says in their motion. They say the following, that they're going to have to dismiss it because the van, the reflecting pool failure, the damage of this waterproofing system, this two layer system of a sub a substrate and then a polyuretha topping which delaminated in sections when it, when you know, when water penetrated it, that what we watched and observed, the floating chunks was the result, quote, of flawed installation by the contractor. So first they try to throw the contractor under the bus, this Atlantic company, Atlantic Industrial Coatings, who had no experience doing anything quite like this 7 acre reflecting pool installation. And then they say that the, the what Davy saw was the result of that flawed installation. They also go on to say that that reflecting pool malfunction or delamination quote almost immediately began peeling after the work was completed, like within a day. And they throw the Department of Interior under the bus. That's, that's Doug Burgum's department, Donald Trump's buddy. And they say that the Department of Interior provided less than fulsome information at the outset of this case. That's the National Park Service reporting to the Department of Interior. What are you kidding me? Then you didn't read what was filed by the Park Service in the case involving the reflecting pool brought from the Cultural Landscape Foundation. Because there, the guy that wrote it didn't talk about criminal vandalism. He said that there was no criminal vandalism that impacted the delamination process, but that huge sections were delaminating. And the only other vandalism they saw is people were sending, were throwing fence post toppings into the reflecting pool in protest. And now here's where they get around to throwing Donald Trump under the bus. Just wait everybody. They're going to be filing an amended motion as soon as Donald Trump and Todd Blanch figure out what just happened. Because they didn't know obviously beforehand. This is what they said. It was not until after the return of the indictment against Davey Hearn that the Department of Interior provided additional documents to the Jeanine Pirro's office in D.C. indicating that the damage to the reflecting pool in June 2026 was the result of flawed installation by the contractor Atlantic Industrial Coatings and the rush to complete the project prior to the events associated with the America 250 celebration for Independence Day 2026. Well, who was in charge of the rush? Who cut the corners? Donald Trump. So she they throw Donald Trump under the bus. In business, I'm always trying to make smart, informed decisions and get the best for less. But if I'm honest, I haven't looked at my life insurance policy in way too long. Is my coverage enough? Given today's economic uncertainty, am I overpaying? And if my health has changed, am I still getting the right protection? That's exactly why I'm finally taking a look with Select Quote. 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Department of Interior Representative
play the clip was was this part of the pool? Specifically some of the.
Legal Analyst
Was the sealant already partially removed? Did he rip it back and just describe in detail? Because he maintains that it looks the same as it did before he arrived. That's his.
Prosecutor
You know, I'm not going to get into the evidence, but what I told you is what our witnesses saw and experienced. There was an effort, a violent effort to rip up the sealant from the bottom of the pool. And irrespective of whether or not, you know, we think that, you know, there, there is some situation that preceded it. We can state and prove beyond a reasonable doubt that he caused damage and that damage is over $1,000. Keying in on that.
Legal Analyst
How do you prove that thousand dollars
Prosecutor
with an expert come to the trial?
Legal Analyst
It has to be drained. Like it just. Is that because it has to be drained.
Prosecutor
You can. We will hear all that at the trial.
Legal Analyst
Did he have any tools or was it just his bare hands?
Prosecutor
Right now we believe it's his bare hands. Both hands.
Legal Analyst
So does that indicate in your belief that it was probably damaged before or do you believe that he.
Prosecutor
Oh, he damaged it further.
Legal Analyst
But do you believe it had already been damaged before?
Prosecutor
He damaged the pool.
Legal Analyst
Before he touched.
Prosecutor
He damaged this pool.
Legal Analyst
But there have been, you know, all these videos.
Interviewer
Well, good.
Prosecutor
I'm glad you've got that. Evans, come on in the grand jury, you can testify. Next. Thank you for your time.
Michael Popak
And then after that, Doug Burgum, who's the head of the department of interior that she just threw under the bus, he went on, on ABC to be interviewed and he said there are multiple people that were indicted related to this. There was one person that was indicted on a felony named Davey Hearn. We just found out that he got his. Got dismissed. Three other people were indicted for misdemeanors. But you know, they'll say anything on television. Here's Doug Burgam saying anything on television.
Department of Interior Representative
Half miles of expansion, but it peeled off.
Interviewer
Why? Why did that happen?
Department of Interior Representative
It didn't peel off. There was, there was. There was vandalism. There was box. Box cutters. There have been seven arrests. There was people literally trying to destroy part of a monument. The reflecting pool is not just a pool on the mall. It is part of the Lincoln memorial. And if anybody says that they're going to go and vandalize that, it's no, it's no different than if someone was throwing.
Interviewer
And you're 100% sure that what happened with the liner was vandalism? You can prove it?
Legal Analyst
Oh, yeah.
Department of Interior Representative
Absolutely you can. And as we drain it, we've got all the photographs we can see. I mean, there's no possible way there
Interviewer
are photographs of a person or people cutting a 300 or 350 foot gash in the bottom of the reflecting pool.
Department of Interior Representative
Dana, I'm not sure why you and others in the media think that you want to keep trying to question whether or not this is an industrial liner. Every farmer and rancher in America that's had their pickup liner lined by this sprayed on liner knows that you literally, literally, it would never just like Peel off or fall off. This is like a strong material and it's the size of eight football fields. And the only way you can end up with actual slices in one spot and not the other is that someone physically cut it. And so the. But the pool itself, it's not leaking. It was leaking 45,000 gallons a day. It's finally been fixed by President Trump and the American flag blue is working perfectly. And again, it's beyond me why. I mean, the real scandal is about the fact that the state of our capitol was in such total disrepair that some people. No one was reporting about. Reporting about the pro Hamas graffiti on the.
Interviewer
Mr. Secretary, you and I talked about this last month as a resident. Well, because it was July 4th and the reflecting pole was closed.
Department of Interior Representative
It was closed because it's surrounded by fireworks. It's closed every year on the 4th
Interviewer
of July, but it was closed prior to that in order to fix the reflecting pool. But I do.
Department of Interior Representative
It's closed because the fire, the largest fireworks display in the country we talked about was set up and it lines either side of the reflecting pool. You can't have people around fireworks when they're being set up. Now that the fireworks down the fence will come down. The fence was there because of the fireworks.
Interviewer
Copy that.
Michael Popak
Yet another embarrassment. Another for Todd Blanche and his Department of Justice. Who do you think Ginny Pirro works for? She works for Todd Blanche, the guy that can't seem to count to 11, let alone 12, to get 12 or 11 votes to have his nomination for Attorney General. He's been dying to get. He's been passed over for the job the last four or five times. What he didn't have to do is a quid pro quo to get the job, including forming the Jan6 fund and creating a super pardon immunity release for Donald Trump of tax liability. Does he really need Jeanine Pirro having to dismiss the infamous reflecting pool indictment of Davey Hearn? I mean, come on. But I told you there was a warranty. This was a warranty job once. The contractor said two weeks ago on its website that this is a warranty job. That means there wasn't any criminal mischief or criminal malicious conduct and Davey Heard was off the hook. I even said, norm, get a copy of that posting on the website for Atlantic Industrial and shove it up their backside. I'm glad we're here together on legal AF on the Midas Dutch network on bond vacation, but you can't take a holiday with this administration, can you? Until my next report. Hit the free subscribe button on Legal AF YouTube channel. I'm Michael Popak.
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Date: July 31, 2026
Hosts: Michael Popok (lead analysis), Ben Meiselas, Karen Friedman Agnifilo
Episode Focus: The DOJ's unexpected dismissal of the high-profile “reflecting pool” vandalism case and its broader implications for the Trump administration.
This episode unpacks the surprising and sudden move by the Department of Justice (DOJ)—under figures closely tied to Donald Trump—to dismiss the much-publicized indictment against former Olympian Davey Hearn. Hearn had been accused of vandalizing the iconic Reflecting Pool in Washington, DC. Michael Popok leads a deep, critical analysis of the legal filings, the breakdown in the government’s original story, and the embarrassing political, legal, and PR fallout that followed.
This episode indicts both the legal and political mishandling of a highly publicized federal case, culminating in the prosecution belatedly admitting it had no real evidence of crime. The collapse points to a mix of bureaucratic ineptitude, politically motivated finger-pointing, and ultimately a vindication of Legal AF’s steadfast skepticism regarding Trump’s DOJ narrative around the reflecting pool incident.
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