Lawyers for the former Olympian charged with damaging the Lincoln Memorial Reflecting Pool are asking a court to throw out the case for good and ban prosecutors from bringing charges at a later date.
In a court document filed Aug. 4, David Hearn's lawyers say that he is facing "extraordinary circumstances" and needs the certainty of knowing the Department of Justice won't be able to prosecute him again.
"From day one, the case against Mr. Hearn was motivated by political considerations and devoid of adequate factual support," Hearn's lawyers wrote. "These political pressures have not dissipated in the mere four weeks since the government saw fit to obtain the indictment."
The lawyers pointed to public statementsby President Donald Trump attacking
D.C. U.S. Attorney Jeanine Pirro and said the Department of Justice "has repeatedly demonstrated its willingness to seek or reinstate criminal charges to satisfy the president, irrespective of the facts."
On Aug. 5, Trump told reporters he hadn't decided yet whether to fire Pirro, who attended an Aug. 3 meeting with Trump at the White House rolling a suitcase behind her. "It was actually, in my opinion it was major vandalism. And I told her I was not happy.”
The D.C. U.S. Attorney's Office, run by Jeanine Pirro, charged Hearn with felony vandalism on July 2, saying that he pulled at a piece of the Reflecting Pool liner and caused more than $1,000 in damage.
On July 31, prosecutors asked the District of Columbia Superior Court, saying they received information from the Department of the Interior that undercut the case and never would have sought an indictment if they had the informatin previously.
However, the Department of Justice proposed the court still allow prosecutors to bring charges in the future. Hearn's lawyers said the Department of Justice shouldn't be allowed to do that.
Norm Eisen, a prominent Democratic advocate on Hearn's legal team, has not ruled out further action, such as a civil suit against the government.
"We are considering all legal options," Eisen told USA TODAY.
Contributing: Aysha Bagchi, Zac Anderson, and Francesca Chambers, USA TODAY.
This article originally appeared on USA TODAY: Olympian's lawyers want Reflecting Pool case thrown out for good
