Hearn’s legal team, representing him through the Democracy Defenders Fund and other groups, condemned the prosecution as a clear abuse of government power. They argued that the administration’s "ready, fire, aim" approach targeted an innocent man to distract from a botched infrastructure project. Hearn, 67, had faced up to a decade in prison after being arrested in June for allegedly tampering with pool lining that he maintains was already peeling.
The motion to dismiss, filed by U.S. Attorney Jeanine Pirro’s office, acknowledges that the Department of the Interior now attributes the damage to Atlantic Industrial Coatings and a rushed timeline for the America 250 celebration. This reversal has prompted calls for a congressional investigation into the $1.7 million no-bid contract awarded to a Trump donor. Tim Whitehouse of Public Employees for Environmental Responsibility stated that the incident serves as a grim example of how political pressure and lack of transparency can lead to both public waste and the wrongful criminalization of citizens.

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