Notes from the Front

Notes from the Front

DOJ *Dismisses* Case Against David Hearn: "Oops We Were Wrong - But It Was the Dept. of Interior's Fault" - and I Have the Document for You!

Anne P. Mitchell, Esq.'s avatar
Anne P. Mitchell, Esq.
Jul 31, 2026
∙ Paid

by Anne P. Mitchell, Esq. - attorney, law professor emeritus, and author of Federal law

Lots of major news outlets are reporting that the DOJ just moved to dismiss their case against Olympian David "Davey" Hearn. But I believe that I am the only person reporting it to actually base my reporting on having the full document in front of me! (It's certainly true as of the time of this writing, and I'm definitely the only one providing the full document to you.)

Says Jeanine Pirro in the Motion to Dismiss (of course included for Notes from the Front members), "Based upon the initial reports provided by the Department of the Interior (“DOI”) and the USS. Park Police (“USPP”), the United States Attorney’s Office for the District of Columbia (“USAO-DC’) presented the grand jury with evidence that damage to the Reflecting Pool was caused by vandals, including the defendant in this case, David Hearn, However, it was not until after the return of the indictment, that the DOI provided additional document".

Let me translate that for you:

We went off half-cocked (no Trump or Epstein jokes here please), like we so often do, running to the grand jury to get an indictment before we had, you know, the facts.

Normal, not to mention conscientious, attorneys would have learned from the spanking the Court gave them in the NYT reporters case for half-cocking the grand jury for indictments, but well, yeah.

The first *17* pages of this 20 page document is all of their excuses, lots of blame for both the DOI and also the National Park Service (NPS), and excruciatingly detailed descriptions - with pictures - of the inspection and repair work being done on the reflecting pool, including a half-dozen references to a coating that they sprayed on it called, and I kid you not, RHINO (oh the irony, but for that H).

Jeanine, babe, we law professors recognize *padding a document* with filler to make it seem that it has more importance than it does. Nobody gives a flying funk about all of your excuses. The point is, you jumped the gun (perhaps the gun went off and that's why you're half-cocked), and indicted yet *another* innocent victim of your march towards notorious history.

As for Davey Hearn, my heart goes out to you for what you've been through, you have been treated so shabbily. And I hope you sue to the wall. If you want some referrals to lawyers who would be delighted to help you, and who have the chops to do it, please let me know, it would be my privilege to provide you with a few such referrals.

Notes from the Front members: the full 20-page excu... er Motion to Dismiss is below for you.

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P.S. If you actually read all the way to the bottom please leave a sentence in a comment that includes the word "excuse". It will show me that my efforts aren't in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about excuses! ;~)

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