David Hearn's Lawyers Seek Documents to Show Misconduct by Trump DOJ in Reflecting Pool Case

A federal judge last week dismissed felony charges against former US Olympic athlete David Hearn, who was arrested in July for allegedly vandalizing the Lincoln Memorial Reflecting Pool. But Hearn's lawyers are signaling that the case is far from over.

In an interview with The New Republic published Monday, attorney Norm Eisen said that he and other members of Hearn's legal team are demanding transcripts to show "whether prosecutors were candid with the grand jury" when seeking the indictment of their client.

The US Department of Justice (DOJ) late last month moved to drop charges against the 67-year-old Hearn after it determined that "hasty and botched work," which had been commissioned by President Donald Trump, was responsible for the damage to the pool.

Eisen said he wanted to know what prosecutors knew about the pool's condition before they decided to indict his client, arguing that "the notion that they did not know that there was a botched, rushed renovation... does not hold water."

In addition to seeking grand jury transcripts, Hearn's attorneys are also pressing to have his case dismissed with prejudice, which would bar the DOJ from reviving it at a future date.

Hearn's lawyers aren't the only ones demanding answers in the Reflecting Pool case, as Rep. Jamie Raskin (D-Md.), ranking member on the US House Judiciary Committee, also plans to demand documents related to the decision to prosecute the former Olympian.

In a statement given to The New Republic, Raskin said he and other Democrats on the committee "will investigate who lied, who buried the evidence, and who decided to threaten an American citizen with prison simply to protect Trump’s wounded feelings and continuing corruption."

Trump, who has repeatedly made baseless claims about vandals destroying the pool, is still demanding that Hearn face prosecution even though the DOJ has determined it lacks evidence to make any charges stick.

In a Sunday Truth Social post, the president insisted that "a highly credible witness" saw Hearn "in broad daylight vandalize the Reflecting Pool by ‘violently’ ripping and tugging at the Pool’s somewhat delicate coating."

This prompted Hearn's attorneys to fire back in a statement posted on social media.

"The government is continuing to attack an innocent man," the attorneys said. "Our first filing in the case on July 10 included photographic evidence from before Mr. Hearn touched the Reflecting Pool proving that he caused no damage. Our other filings provided even more proof."

"We are reviewing all legal remedies, including for this continued harassment," the attorneys added. "It is outrageous."