The Justice Department knew or should have known for weeks that its case against a former Olympian charged with intentionally damaging the Lincoln Memorial Reflecting Pool was flawed, and that he bore no responsibility for longstanding problems at the landmark, defense lawyers said Tuesday.

U.S. Attorney Jeanine Pirro on Friday moved to dismiss the indictment against David Hearn, saying in a 20-page filing that newly produced evidence from the Interior Department showed the former Olympic canoeist was not responsible for damage to the pool’s lining.

Pirro’s office attributed the damage instead to a botched installation by a contractor as well as “the rush to complete the project prior to events associated with the America 250 celebration” in the weeks surrounding July 4, as directed by President Donald Trump.