Attorney Norm Eisen: Arrest of former U.S. Olympian serves as a distraction for Trump's botch job on the Reflecting Pool and is a "textbook authoritarian" move

David Hearn and Norm Eisen (right image) appear with Chris Hayes at MS NOW

The former U.S. Olympic canoe racer who was arrested after touching a piece of blue coating near the bottom of the Lincoln Memorial Reflecting Pool says he feels targeted by the Trump administration, and his attorney says the arrest is a form of distraction from mismanagement of the pool-renovation project, adding that it was "textbook authoritarian behavior" by Trump.

Newsweek's Joshua Rhett Miller has the latest on the saga of a treasured national memorial that a U.S. president can't seem to renovate because of a string of errors he now is blaming on "vandals":

A former Olympian who was arrested for allegedly vandalizing the Lincoln Memorial Reflecting Pool plans to fight the misdemeanor charge, insisting his actions did not constitute a crime.

David Hearn, 67, was detained by National Guard troops and U.S. Park Police for five hours on Friday after he reached into the water to get a closer look at paint peeling away from the Reflecting Pool amid a $14 million renovation.

"I did nothing wrong," Hearn told Newsweek during a brief interview Tuesday on the misdemeanor charge of destruction of government property he now faces. 

While Hearn's alleged offense seems minor, he is concerned that it could have a major impact on his life -- and not in a good way, Miller writes:

Hearn, a former Olympic canoe racer now living in Bethesda, Maryland, said he's worried about potential consequences as President Donald Trump announced on Tuesday that six people had been arrested and seven others cited for allegedly damaging the "now beautiful" Reflecting Pool.

"I think I might be the only person whose name is public of those arrests or citations," Hearn said Tuesday. (Hearn is correct about that.)

Newsweek reached out to the U.S. Park Police, National Park Service, Department of Justice, and Department of Interior officials for comment.

Hearn apparently keeps up with current events and knows that the Trump administration has shown little regard for niceties such as basic civil rights (as in the right not to be arrested without probable cause). That gives him a sense of foreboding -- at a time when foreboding seems to be spreading across "the fruited plain." Miller writes:

Hearn said he's concerned about being unfairly targeted by the Trump administration following unsubstantiated claims that vandals dumped fertilizer in the massive pool and used knives or razors to create a 350-foot gash in the new liner.

"I feel like I was targeted and I'm feeling singled out—definitely,” Hearn said. 

The former Olympian is also worried about being convicted and possibly facing jail time, he said.

"Yes, especially with the current posture of the government toward ignoring the rule of law and people's civil rights and such," Hearn said before referring additional inquiries to his attorney and a spokesperson.

Americans who still believe in the rule of law should be heartened to know that Hearn has retained the services of Norm Eisen, who has a history of taking on tough cases -- including those that involve Donald Trump. Eisen served as special counsel to the House Judiciary Committee during the 2019-20 impeachment and trial of Trump. He later wrote a book detailing the process, A Case for the American People: The United States v. Donald J. Trump.

Eisen served as President Barack Obama's White House Special Counsel for Ethics and Government Reform and as the U.S. Ambassador to the Czech Republic. Eisen brings a fighting spirit into the Hearn case, Miller reports:

Hearn's attorney, Norm Eisen, said his client, who is scheduled to appear in D.C. Superior Court on July 9, plans to fight the charge, which is punishable by a fine up to $100,000 or one year in jail if the property damage does not exceed $100, according to the Department of Justice.

"Treating ordinary conduct as criminal diverts attention from the real questions of how this project was managed, including its corrupt no-bid contracting process," Eisen told Newsweek in a statement Tuesday. "Using the criminal justice system to target innocent people as a form of distraction is textbook authoritarian behavior."