An attorney representing the ex-Olympic canoeist charged with damaging the Lincoln Memorial reflecting pool has stated that “all options are on table” for possible legal actions after prosecutors suddenly dropped the case.
David Hearn “has a number of potential remedies” following his prosecution linked to pool damage now attributed to poor work by a contractor, attorney Steven Levin said in a statement. Levin mentioned that these options could include “civil suits, bar referrals for the prosecutors involved, request for sanctions, and reimbursement of attorneys’ fees and expenses”, as well as requests for investigations by various government entities, including Congress.
Hearn, 67, was arrested on June 19 and faced one felony count of property destruction – a charge that could have led to a 10-year prison sentence and a $1,000 fine – which he denied.
The charge followed the Trump administration’s expenditure of $14 million to change the reflecting pool’s color. A new liner began to peel almost immediately after installation, prompting the president to blame vandals. Four individuals were arrested, but only Hearn faced felony charges.
On Friday, Trump’s justice department requested to dismiss the charge against Hearn, stating in a filing that the damage to the pool liner was “the result of flawed installation by the contractor” who worked on it.
In a 20-page court filing in Washington DC superior court on Friday, prosecutors noted they had received information regarding a “rush to complete the project” ahead of events related to celebrating the US’s semiquincentennial on July Fourth.
Washington DC’s US attorney, Jeanine Pirro, explained that her office – responsible for cases in the city’s superior court – had obtained crucial documents from the federal department of interior after Hearn’s indictment. Those documents “indicated a rushed and flawed installation process, with repeated failures of the lining during installation and extensive peeling throughout the reflecting pool,” Pirro stated in Friday’s court filing.
The decision to drop charges against Hearn sparked controversy within the Trump administration. The president claimed Pirro had “choked” and “folded like an umbrella”, leading many to speculate about her job security. Donald Trump has continued attributing issues with the pool makeover to vandalism.
On Monday, when asked about Pirro’s dismissal of charges, Trump avoided answering but reiterated his criticism of her: “I disagree 100% with [her].” Pirro was seen at the White House shortly after Trump’s comments on Monday.
Hearn’s attorneys previously stated that “the government owes Mr Hearn an apology.”
“The Trump administration’s case against Davey Hearn should have never been brought,” his lawyers including Levin said via social media. “Its dismissal … does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong.”
Hearn told Associated Press he was held by national guard and US park police for five hours after stopping by while biking near the reflecting pool. He admitted he briefly touched part of the liner attached to its side and told NBC News that its condition “was the same after I stepped away from the water as it was before I got there”.
Hearn’s lawyers have also urged prosecutors to reveal what legal guidance they provided grand jurors regarding elements related to his criminal charge.
“The grand jury transcripts disclosed thus far contain other irregularities suggesting misleading presentations made before them which call for review of this entire grand jury record,” Hearn’s attorneys wrote.
Hearn may find opportunities for legal action against federal authorities only if his lawyers petition for dismissal of his case “with prejudice,” meaning it cannot be refiled again. The justice department dropped charges “without prejudice,” allowing them potentially refile later.
“We are responding with our own motion seeking dismissal with prejudice so he’s no longer at risk from further harassment by government,” Levin remarked on Tuesday. “Once that’s sorted out Mr Hearn will focus on what comes next.”
“He’s considering all options.”
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In an announcement made via Wall Street Journal , Hearn’s lawyer Norm Eisen expressed their intent: “All legal remedies are on table going forward in response to this miscarriage of justice,” Eisen said.
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