In short
The DOJ’s motion to dismiss the indictment of former Olympic cyclist Davy Hearn over alleged malicious destruction of the Lincoln Memorial reflecting pool liner, and whether the failure was caused by vandalism or flawed contractor waterproofing.
Guests/backgrounds
No named guests or interviewees; the episode features commentary by Janine Pirro and references statements from Doug Burgum (Department of the Interior/National Park Service context).
Key claims
The contractor Atlantic Industrial Coatings admitted repairs were warranty work, implying no criminal vandalism. Pirro’s motion reportedly cites flawed installation and rush to finish before America250/July 4, 2026. The episode argues Trump is implicated in the “rush” and that earlier vandalism claims were overstated.
Notable examples
Delamination/peeling “within a day,” “two-layer” waterproofing system delaminating, and alleged box cutters/gashes used to support vandalism—countered by warranty/installation explanations.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOIntroduction to the Reflecting Pool Case
0:00 to 0:39
Discuss the recent developments in the reflecting pool case involving Davy Hearn.
“Imagine buying your kid a toy only to find the batteries aren't included or buying furniture but it's missing the tools to build it.”
Introduction to the Reflecting Pool Case
2:48 to 3:55
Discuss the recent developments in the reflecting pool case involving Davy Hearn.
“Protect yourself now at aura.com slash hidden.”
Motion to Dismiss Explained
3:55 to 5:46
An in-depth analysis of the motion to dismiss the indictment and its implications.
“Well, you can forget the trial of the century.”
Flawed Installations and Accountability
5:46 to 9:39
Exploring the flawed installation claims and shifting blame in the case.
“Now, stop right there for a minute, folks.”
Further Investigations and Consequences
10:39 to 14:00
Delving into the investigations and the broader implications of this case.
“But do you remember when Janine Pirro stood at that podium with an angry fist, shaking her fist about the criminal mischief and destruction of a national monument that Davy Hearn did?”
Discussion on the Reflecting Pool Incident
14:00 to 14:51
Explore the circumstances surrounding the reflecting pool's closure and related issues.
Critique of the Department of Justice
14:52 to 15:51
Analyze the failures of Todd Blanche and the DOJ in handling legal matters.
“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.”
Legal AF Updates and Substack Promotion
15:52 to 16:46
Learn about new content and offerings available on the Legal AF Substack.
Transcript
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3:55Michael Popok:Well, you can forget the trial of the century. Janine Pirro in Breaking News is now has filed a motion to dismiss the indictment against former Olympic cyclist Davy 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 Davy 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.
4:39Michael Popok: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 cut rate, cut 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. I do warranty cases. I know what bad waterproofing looks like.
5:26Michael Popok: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 Janine Pirro's own people threw Donald Trump under the bus. Wait till Donald Trump reads the motion to dismiss the indictment filed by Janine 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 their own indictment that they just got. This isn't a motion to dismiss filed by the defense.
5:58Michael Popok: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 to 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 Janine Pirro's office says in their motion. They say the following, that they're going to have to dismiss it because the reflecting pool failure, the damage of this waterproofing system, this two-layer system of a substrate and then a polyurethra topping, which delaminated in sections when water penetrated it, that what we watched and observed, the floating chunks, was the result, quote, of flawed installation by the contractor.
7:17Michael Popok: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 seven-acre reflecting pool installation. And then they say that what Davies 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 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.
8:07Michael Popok: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 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.
8:47Michael Popok:Just wait, everybody. They're going to be filing an amended motion as soon as Donald Trump and Todd Blanche 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.
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10:48Michael Popok:Who could forget that? And now it's just a big, oops. Play the clip. Was this part of the pool specifically, was the sealant already partially removed? Did he rip it back in just describing the email? Because he maintains that it looks the same as it did before he arrived. That's his... 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 ceiling 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.
11:31We can state and prove beyond a reasonable doubt that he caused damage and that damage is over a thousand dollars. How do you prove that? With an expert, come to the trial you can we will hear all that at the trial right now we believe it's his bare hands both hands that it was probably damaged before or you believe that he oh he damaged it further but you had already been damaged before he damaged the pool he damaged this pool well good I'm glad you've got that, Evans. Come on in the grand jury. You can testify. Next.
12:16Michael Popok: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 dismissed. Three other people were indicted for misdemeanors. But Doug Burgum saying anything on television. Half miles of expansion. But it peeled off. Why? Why did that happen? It didn't peel off. There was there was there was vandalism. There was box box cutters. There have been seven arrests.
12:52There was people literally trying to destroy part of a monument. The reflecting pool is not just a pool on the wall. It is part of the Lincoln Memorial. And if anybody says that they're going to go and vandalize that, it's no different than if someone was throwing paint on it. And you're 100 % sure that what happened with the liner was vandalism. You can prove it. Oh yeah absolutely you can and as we drain it we've got all the photographs we can see. I mean there's there's no possible way. The photographs of a person or people cutting a 300 or 350 foot gash in the bottom of the reflecting pool?
13:24Dana I'm not sure why you and others in the media think that you want to keep trying to question whether or not think 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 yeah 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 uh and the the american flag blue is working perfectly and and again it'd be it's beyond me why i mean the real scandal is about the fact that that the state of our capital was in such total disrepair that some people no one was reporting about i was reporting about the pro-hamas graffiti on the the mr secretary you and i talked about this last month as a resident well because it's it was july 4th and the reflecting pool was closed it was closed because it's surrounded by fireworks it's closed every year on the 4th of july it was closed prior to that in order to fix the the reflecting no but i do it 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 just want to ask down the fence will come down the fence was there because of the fireworks.
14:50Copy that.
14:52Michael Popok:Yet another embarrassment 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 as a quid pro quo to get the job, including forming the Jan 6 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?
15:33Michael Popok: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 Touch Network I'm on vacation 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 can't get your fill of Legal AF me neither that's why we formed the Legal AF sub stack every time we mention something in a hot take whether it's a court filing or a oral argument come over to the sub stack you'll find the court filing and the oral argument there including a daily roundup that I do call wait for it Morning AF what else all the other contributors from Legal AF are there as well we got some new reporting we got interviews we got ad-free versions of the podcast and hot takes where legal AF on Substack.
16:43Michael Popok:Come over now to free subscribe.
From the publisher
In breaking news and with exquisite timing, DC US Attorney Jeannine Pirro has had to not only move to dismiss the indictment against Olympic Cyclist Davey Hearn for “malicious destruction” of the Reflecting Pool’s liner by finally admitting that the project failed because of shoddy workmanship, not because Davey touched the liner, but she threw the Department of the Interior AND Trump under the bus in her filing. Popok reports that Trump and embattled AG nominee Todd Blanche are not going to be happy when they read the parts critical of Trump and his administration. AMENDED motion, anyone?
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