On Wednesday morning, attorneys for Olympian David Hearn – who has been facing charges of vandalizing the Lincoln Memorial Reflecting Pool – filed a motion to dismiss the case “with prejudice,” arguing that he fears President Donald Trump may try to come after him again.
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This is according to Lawfare editor Roger Parloff, who tweeted a screenshot of the motion, explaining, “Reflecting Pool defendant David Hearn, responding to Judge Jeanine [Pirro’s] conduct after filing a motion to dismiss, seeks dismissal with prejudice. Trump’s [and Secretary of the Interior Doug] Burgum’s conduct after dismissal show case’s political motivation and danger of harassment and re-prosecution.”
In the motion, Hearn’s lawyers emphasize that the case was “motivated by political considerations,” noting that both Trump and Burgum have “publicly attacked” U.S. Attorney Jeanine Pirro’s decision to file for dismissal after she realized the case was groundless. Hearn’s attorneys argue that the Department of Justice has “repeatedly demonstrated its willingness to seek or reinstate criminal charges to satisfy the president, irrespective of the law or facts.” In light of “this risk of harassment and bad faith,” they requested “dismissal with prejudice,” which would close the case permanently.
Trump’s case against Hearn has blown up in spectacular fashion in recent days, after Pirro was forced to admit that the evidence was clear: the Reflecting Pool damage was caused by installation failures rather than vandals. Trump was furious with this outcome, telling reporters that she “choked” and “folded like an umbrella,” and that he was “100 percent” certain the damage was due to vandalism.
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In the latest motion, Hearn’s attorneys cite a National Parks Service assessment from before the indictment that contradicts Trump’s claims, noting preexisting peeling and damage at “numerous locations throughout the pool.” The assessment suggests that vandalism was “possible,” but that it came “after initial peeling.” This has been a sticking point in the case for weeks. In mid-July, the government’s own witnesses admitted that photos of the damage were taken before Hearn touched the water, drawing into question how he could have been the culprit. He has maintained that he did touch the water and torn pool liner, but only to examine preexisting damage.
Now, Hearn’s attorneys say that “all options are on the table” when it comes to seeking recourse for his arrest. According to the Guardian, “Hearn ‘has a number of potential remedies’ after being prosecuted in connection with pool damage now attributed to faulty work by a contractor, attorney Steven Levin said in a statement. Levin added that those could include ‘civil suits, bar referrals for the prosecutors involved, request for sanctions and reimbursement of attorneys’ fees and expenses,’ and requests for investigations by various government entities, including Congress.”
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