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"This was a miscarriage of justice, and what happened... is an outrage that should shock every American," said attorneys representing former Olympian David Hearn.
A Washington, DC judge on Thursday shut down President Donald Trump's push to have the US Department of Justice indict a former Olympian on false charges of vandalizing the Lincoln Memorial Reflecting Pool.
In a 26-page ruling, Washington, DC Superior Court Judge Todd Edelman said that charges against former Olympic canoeist David Hearn deserved to be dismissed with prejudice, meaning future DOJ attorneys can never revive the case against him.
Edelman noted that, within a month of having Hearn indicted on felony vandalism charges, the DOJ moved to dismissed the case "not because it had misidentified Mr. Hearn as the perpetrator of the alleged act, but because no crime occurred."
Rather, Edelman continued, the damage done to the Reflecting Pool "was due to a contractor's 'rushed and botched' installation of the lining while conducting renovations, and Mr. Hearn's actions had no effect on the value of the pool."
Attorneys representing Hearn issued a joint statement celebrating Edelman's decision, while emphasizing that the case "never should have been brought in the first place."
"This was a miscarriage of justice, and what happened to Mr. Hearn is an outrage that should shock every American," the attorneys said. "This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted."
Rep. Jamie Raskin (D-Md.), who counts Hearn as a constituent, ridiculed Trump-appointed DC US Attorney Jeanine Pirro for trying to prosecute the former Olympian despite lacking "any evidence" against him.
Raskin also suggested that the president was more deserving of being charged with vandalizing iconic Washington, DC landmarks.
"If Detectives Pirro and [US Attorney General Todd] Blanche are still searching for felon vandals in the Nation’s Capital," Raskin wrote, "I’ve got great leads on who illegally bulldozed the East Wing of the White House and who has been desecrating the Kennedy Center with deranged narcissistic graffiti."
Trump personally pushed the DOJ to indict Hearn, and rebuked Pirro in August after her office moved to drop the case.
"I disagree 100% with Jeanine Pirro... on the Reflecting Pool," Trump wrote in a Truth Social post. "I don't know what she was thinking? To me, it was a pure case of VANDALISM."
Norm Eisen, one of the attorneys representing Hearn, revealed later that month that he and other members of the former Olympian's legal team were seeking grand jury transcripts related to the case to determine “whether prosecutors were candid" when seeking the indictment of their client.
Rep. Jamie Raskin wants to know if the Trump administration withheld "key evidence to blame the disastrous reflecting pool renovation on an innocent man?"
The top Democrat on the House Judiciary Committee on Tuesday launched an investigation into the Trump administration's attempt to prosecute former Olympic canoeist David Hearn for felony vandalism amid reports that the White House is pushing the Justice Department to reopen the dropped case.
Rep. Jamie Raskin (D-Md.) announced the new probe in a letter to Interior Secretary Doug Burgum and Jeanine Pirro, the US attorney for the District of Columbia. Pirro, a longtime friend and ally of President Donald Trump, dropped the vandalism case against Hearn earlier this month, saying in a filing that the damage he was accused of inflicting on the Lincoln Memorial Reflecting Pool "was the result of a botched installation and not vandalism."
"Did DOJ prosecutors knowingly bring a bogus indictment?" Raskin asked in his letter. "Did [the Department of Interior] withhold key evidence to blame the disastrous reflecting pool renovation on an innocent man? Did President Trump pressure or influence either department to engage in wrongful actions against an American citizen?"
"At a minimum, it appears that members of the Trump administration were ready and willing to imprison an innocent American for a decade in a desperate effort to soothe an ex-landlord’s wounded ego about a terrible paint job and wasteful contract,” Raskin added. "We must get to the bottom of these murky waters to rid our justice system of any and all residual contamination."
"The conclusion seems inescapable that at least one, if not both, of you have misled the American public about the evidence and used it to corrupt and weaponize our justice system."
News of Raskin's investigation came shortly before The Wall Street Journal reported that "White House officials have asked the Justice Department to consider a new prosecution" of Hearn "as President Trump fumes over US Attorney Jeanine Pirro’s decision to drop the case."
"A new prosecution of the defendant... would be highly unusual, especially after Pirro told a judge in surprising detail that the government’s decision to indict him on a felony charge was ill-informed," the Journal noted. "Pirro said a botched renovation, not vandalism, was responsible for the reflecting pool’s problems."
Trump publicly accused Pirro of "folding like a cheap umbrella" after she dropped the effort to prosecute Hearn, whose legal team is seeking documents to show whether Justice Department prosecutors "were candid with the grand jury" when pursuing their indictment against the 67-year-old former Olympian.
Pirro, a former Fox News host who boasted in July that she had "tremendous evidence" of Hearn's guilt, has privately blamed Burgum for the debacle.
In his letter on Tuesday, Raskin demanded that Pirro and Burgum turn over "all documents related to the decision to prosecute" Hearn as well as "all communication between DOJ, DOI, and the White House related to the prosecution." Raskin also demanded "all evidence presented to the grand jury in connection with the indictment" of Hearn, a Maryland resident and one of Raskin's constituents.
"The conclusion seems inescapable that at least one, if not both, of you have misled the American public about the evidence and used it to corrupt and weaponize our justice system against an innocent 67-year-old American citizen," Raskin wrote.