Rising This Week: A moment of truth for David Hearn
Will prosecutors fight for the opportunity to revive a case they admitted shouldn't have been brought?
Now that former Olympic canoeist David Hearn’s criminal case has been dismissed, the Trump Justice Department’s moment of reckoning is approaching.
On Tuesday, prosecutors face a deadline to respond to Hearn’s request to bury the case “with prejudice,” preventing it from being revived at a later time. Prosecutors all but admitted that there would be no legitimate reason to consider charging Hearn again, blaming contractor Atlantic Industrial Coatings for damaging the reflecting pool through a “rushed and botched installation.”
“Had [the Department of the Interior] been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment,” U.S. Attorney Jeanine Pirro wrote on July 31.
Despite gutting the heart of the case — and acknowledging it shouldn’t have been brought — prosecutors have asked permission to preserve that option, and Trump keeps agitating for that outcome. Trump has attacked Pirro, claiming that she “choked,” “folded like an umbrella,” and “made a terrible mistake.”
Pirro’s response to Trump’s pressure campaign will slide into public view as the week begins, and Hearn’s attorneys will be watching.
“The public political pressure campaign being conducted through the Executive Branch in this case shows that the government cannot be trusted to properly exercise its prosecutorial discretion,” Hearn’s attorneys Mary Dohrmann and Norm Eisen wrote.
Don’t expect to see sudden flashes of independence from the Justice Department, which continues to follow a pattern of strict obedience to Trump’s demands — often, with humiliating results. Pirro has racked up significantly more defeats in front of grand juries during her tenure than the entire Department of Justice reported in 2016, including in the cases of ICE protester Sidney Reid, so-called sandwich guy Sean Dunn, and six Democratic lawmakers targeted for accurately stating that military personnel can refuse illegal orders.
The Trump Justice Department’s ongoing pattern of slavishly following the whims and interests of the man whose face hangs outside its office in ways that are likely to remain in the news cycle in the week ahead.
All Rise News regularly compiles previews of the stories to look for in the courts and opportunities for civic engagement. Those listings start below.
In the Courts
On Saturday, the New York Times reported that the U.S. Attorney’s office in Chicago has opened up a criminal investigation into the public relations firm that employed the daughter of the judge who presided over the case that made Trump a convicted felon.
According to the article, U.S. Attorney Andrew Boutros issued a subpoena last August to Authentic Campaigns Inc., which employed Loren Merchan, the daughter of Manhattan Supreme Court Justice Juan Merchan.
Before his criminal trial, Trump sought to discredit the judge by baselessly claiming that his daughter stood to profit from the proceedings because her employer represented Democratic politicians. Trump’s recusal motions failed in every court, which discredited his allegations.
But Boutros has shown a willingness to try to revive Trump’s failed legal battles with the weight and force of his office, including a probe of Loren Merchan’s employer and another reported investigation into LinkedIn billionaire Reid Hoffman’s financing of E. Jean Carroll’s litigation. Boutros has been leading the office that saw the spectacular collapse of the cases against the ICE protesters known as the Broadview Six, whose defense attorneys have sought accountability for grand jury misconduct.
Meanwhile, keep an eye out for the following events:
On Monday morning at 9:30 a.m. Eastern Time, the Supreme Court is expected to release a list of summer orders. (High-profile emergency docket decisions — including over Trump’s mail-in voting executive order and East Wing ballroom litigation — likely to be handled on a separate date.)
On Tuesday at 1 p.m. ET, a federal judge in Washington, D.C. will hear oral arguments seeking to prevent Trump from painting the Eisenhower Executive Office building white.
On Wednesday at 1 p.m. Central Time, a federal judge in Alabama will hold an arraignment on the Southern Poverty Law Center’s latest indictment.
Finally, sometime on Friday, Trump will be forced to file a written response to the BBC’s request for a federal judge to enforce its subpoenas seeking to depose Donald Trump, Jr., Ivanka Trump, and Jared Kushner about his responsibility for the Jan. 6th insurrection.
On the streets
From faith leaders to the 50501 Movement, the worlds of civic engagement are in election-preparation mode.
Black churches are continuing “Freedom Summer,” a series of organizing events across 15 cities to prepare for the midterm elections, and this week promises a revival on Wednesday in Jackson, Miss.
Here’s how organizers describe their goals and ambitions:
“From Juneteenth through the midterms, we’re gathering Black churches and people of faith into one sustained season of prayer, fasting, revival, and organized action.
We’ll begin with 16 days of fasting and devotion from Juneteenth to the Fourth of July, grounding people spiritually each day as we prepare for the work ahead. From there, daily prayer calls, Justice Revivals, and The Freedom School gatherings in churches and communities across the country will carry the work through the summer and into the fall.”
Indivisible, together with the 50501 Movement, have virtual election protection training sessions this week for those who are concerned about attacks on the upcoming election — and want to channel their energies by making sure that they run fairly. Register for the sessions here.
On the phones
Although the August recess continues, congressional phones are still ringing.
Last week’s leading topic focused on opposing ICE arrest quotas, wrongful detention and excessive force.
At a close second was advocating for the 5,000 service members aboard the USS Abraham Lincoln, who were deployed as part of the counter-blockade of the Strait of Hormuz. Trump has written off reports of dire conditions about the ship, but Sen. Richard Blumenthal (D-Conn.) has sounded the alarm, pressing Defense Secretary Pete Hegseth about the plan to protect the soldiers.
Note: Since Congressional call records aren’t usually publicly available, the app’s internal data offers a rare glimpse into this form of civic engagement. See our previous coverage here for context about how the information 5 Calls collects fits into the bigger picture.
Last week’s Top 5 topics on the app were:
“Fight Unlawful ICE Enforcement Tactics” (3,051 calls)
“Protect the USS Abraham Lincoln Crew” (2,243 calls)
“Demand Repeal of Harmful SNAP Changes” (1,856 calls)
“Ban AI Data Centers on Public Lands” (1,534 calls)
“Stop Trump’s $1.8B Political Slush Fund” (1,485 calls)
The group’s weekly dashboard can be found here.
Thank you Adam for this report! They better darn well change David Hearn’s case or I hope he can sue.
Thank you for this reliable, accurate, and insightful reporting and commentary. Appreciate your work so much!!