August 10, 2026
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1:12:59Now PlayingTonight I interviewed Joshua Kolb, one of the attorneys representing former Olympian David Hearn, who was falsely accused by Donald Trump of vandalizing the Lincoln Memorial Reflecting Pool -- and then charged with a felony that could have sent him to prison for years.
Except now the government’s case has collapsed.
The Justice Department moved to dismiss its own indictment, acknowledging that the damage to the Reflecting Pool wasn’t caused by vandalism at all, but by shoddy work during the pool’s rushed renovation. Kolb also explained why Hearn’s lawyers believe prosecutors already had -- or should have had -- evidence showing that Hearn didn’t cause the damage before they ever went to the grand jury.
And then there’s the grand jury itself. We discussed the remarkable testimony of a government witness who initially said he couldn’t put a dollar value on the damage allegedly caused by Hearn -- an important problem because prosecutors needed more than $1,000 in damage to charge a felony. After a roughly 22-minute break, the witness came back and suddenly said the damage was well over $1,000.
Hearn’s lawyers are now fighting to have the case dismissed “with prejudice,” meaning the Trump administration could never bring these charges against him again. The next hearing is September 4.
We also broadened the discussion to Trump’s use of the Justice Department, the rule of law, birthright citizenship, Lisa Cook, the Kennedy Center, Trump’s improperly appointed U.S. attorneys, DOGE and USAID -- and why Kolb believes the courts are still providing an important check on some of the administration’s worst abuses.
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