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Attorneys for former Olympian David Hearn are asking a D.C. court to permanently dismiss a case that was dropped after prosecutors initially accused him of vandalizing the Reflecting Pool, arguing that President Donald Trump’s continued criticism creates a risk that charges could be brought again for political reasons.
In a court filing Friday, Hearn’s lawyers asked the D.C. Superior Court to dismiss the case with prejudice, meaning prosecutors would be barred from pursuing the same charges again. They cited Trump’s recent public comments about the case, arguing that he continues to promote what they describe as a false account of how the damage occurred.
Federal prosecutors initially characterized the damage to the pool as vandalism but later acknowledged that it resulted from an installation problem caused by a contractor.
Hearn’s attorneys argued that the circumstances create a significant risk that the government could revive the case if it is dismissed without prejudice. They said any renewed prosecution could be driven by political pressure rather than evidence.
The filing referenced multiple social media posts and other comments from Trump concerning the decision by D.C. U.S. Attorney Jeanine Pirro to drop the case.
Although Trump acknowledged that there had been some contractor error related to rushing the project ahead of a July 4 opening, he continued to characterize the incident as vandalism and criticized Pirro’s decision to dismiss the charges.
Hearn’s lawyers contend that Trump’s repeated statements have created a political pressure campaign that amounts to harassment and could threaten their client’s freedom.
They argued that the continued involvement of the executive branch demonstrates why the government should not be allowed to retain the ability to pursue the case again.
A hearing on Hearn’s request for permanent dismissal is scheduled for Sept. 4.
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