Hearn attorneys seek permanent block

David “Davey” Hearn’s lawyers asked a Washington judge on Thursday to convert the government’s dismissal of the Reflecting Pool case into a permanent bar on any renewed prosecution, escalating the legal fight days after the Justice Department abandoned the felony case. The filing came after prosecutors said last week that new information had undermined the evidentiary basis for the indictment against the former Olympic canoeist. Hearn’s attorneys said the government should not be allowed to revive what they described as a failed and politically driven case. The dispute now puts the question before a D.C. Superior Court judge: whether the case ends for good or can be brought again later. ### Why are Hearn’s lawyers back in court after the charges were dropped? Thursday’s filing asks the judge to dismiss the case with prejudice, which would prevent prosecutors from refiling the same charge against Hearn, according to NBC News and ABC News. Prosecutors had moved on July 31 to dismiss the felony destruction-of-property case after saying they had obtained information that undercut the indictment’s factual basis. (nbcnews.com) The government’s earlier filing said evidence pointed to problems with contractor work on the Reflecting Pool coating rather than vandalism, reversing the theory used to charge Hearn. That dismissal was entered without prejudice, leaving open the possibility that prosecutors could try again. ### What are Hearn’s attorneys arguing? (nbcnews.com) Hearn’s legal team said the court should not give prosecutors “another chance” after what they called a failed prosecution tied to flawed contractor work, NBC News reported. They argued that the government had access to information contradicting the vandalism theory and still pursued the case. (nbcnews.com) NBC News reported the attorneys described the case as a “politically motivated prosecution.” NBC Washington separately reported that Hearn’s lawyer has said the episode was “profoundly unsettling” and that Hearn could consider further legal action after the charges were dropped. ### What changed in the government’s account of the Reflecting Pool damage? (nbcnews.com) Jeanine Pirro’s office said in the dismissal filing that newly obtained information undermined the evidentiary basis for the indictment, according to NBC News. FactCheck.org, summarizing the court filing, reported that the government said the damage stemmed from a botched installation of the pool coating and not vandalism as initially represented by the Interior Department. (nbcnews.com) USA Today and the Associated Press also reported that the Justice Department concluded the damage was tied to faulty renovation or shoddy workmanship, not to Hearn. That reversal placed Pirro, the U.S. attorney for the District of Columbia, at odds with President Donald Trump, who continued to insist the pool had been vandalized. ### How does Trump fit into the court fight? (nbcnews.com) President Donald Trump met with Jeanine Pirro at the White House on Monday, Aug. 3, amid questions about her future, ABC News reported. ABC later reported that sources described the Oval Office meeting as “contentious” and said Pirro blamed Interior Secretary Doug Burgum for misleading Trump about the evidence in the case. (usatoday.com) AP reported on Aug. 5 that Trump was still pressing the claim that the Reflecting Pool had been vandalized despite the Justice Department’s filing. NBC New York reported Trump said Pirro had “choked” and “folded like an umbrella” by dropping the case. ### What exactly is the judge being asked to decide now? (abcnews.com) A D.C. Superior Court judge must now decide whether the dropped case stays dismissed without prejudice or is converted to a dismissal with prejudice, as Hearn’s lawyers request, according to NBC News and ABC News. The distinction is narrow in wording but decisive in effect: without prejudice leaves the door open to refile, while with prejudice closes it. (usnews.com) The next public milestone is the court’s ruling on Hearn’s Aug. 6 motion in D.C. Superior Court. Any renewed filing by prosecutors, or any appeal-related step by Hearn’s lawyers, would also run through that court docket and the U.S. attorney’s office led by Jeanine Pirro. (nbcnews.com)