Mark F. "Thor" Hearne

Mark Fernlund "Thor" Hearne, II (born June 23, 1961), American lawyer. He is a member and principal of the Lathrop & Gage law firm.

Background

Mark F. (Thor) Hearne, II is a member and principal of the Lathrop & Gage law firm and serves on the firm's government relations committee.

Hearne served as National Election Counsel to Bush-Cheney '04 and Missouri counsel to Bush-Cheney '00. Hearne serves as general legal counsel to individuals, families and closely held firms on matters of wealth preservation and investment. Hearne has gained national recognition for his work in property rights, constitutional law and civil rights litigation. Hearne is a nationally recognized expert on election law and has represented a number of clients on campaign- and election-related matters, including President Bush, Missouri Governor Blunt, members of the U.S. House and Senate as well as corporations, campaign organizations and not-for-profit organizations. Hearne served as election counsel to the American Center for Voting Rights.

A recent St. Louis Post Dispatch article noted in respect to Hearne’s prominence on election law, "But one point is not in dispute: Hearne's status as one of the top Republican lawyers in the country on election-related matters." Hearne has been recognized for his work on election law from all quarters of the political community. In a federal civil rights case in which Hearne was lead counsel, the NAACP legal counsel wrote “[Mr. Hearne carried] the burden of a substantial amount of the NAACP’s case…. [Mr. Hearne] provided great help to counsel for the NAACP during this fast-paced redistricting litigation. [And Mr. Hearne took] the leading role in this action and in incorporating the NAACP’s objectives.”

Hearne has testified on issues of election law and election reform before the United States Senate Judiciary Committee, United States House of Representatives, U.S. Commission on Civil Rights, Federal Election Assistance Commission, the Missouri State Senate and other state and federal legislative committees and agencies. Hearne was an academic advisor to the bi-partisan Carter-Baker co-chaired by former President Jimmy Carter and former Secretary of State James Baker. Other members of this commission included Lee_Hamilton and Tom Daschle.

Hearne has won a number of land mark precedent-setting cases in property rights and election law including the landmark decision Bush-Cheney, 2000, Inc. v. Baker, 34 S.W.3d 410 (Mo. App, 2000).

Controversies

Voter rights

Dismissal of U.S. attorneys controversy

Timeline Summary of attorneys Congressional hearings List of dismissed attorneys All related articles

Hearne's activities in the area of voter rights have widely been analyzed by liberal Web sites as a Trojan horse for voter suppression, designed to suppress the votes of poor people, black people, and other minorities who might not be included to vote for the Republican party.

Hearn was reported to have urged, through a senir senior Justice Department official, William Mateja, that United States attorneys invistigate voter groups registering individuals likely to be democratic voters, or to cease investigations of Republican candidates.

In February 2005, with encouragement from Karl Rove and the White House, Hearne founded the American Center for Voting Rights. Although the group posed as a nonpartisan watchdog group looking for voting fraud, critics, such as People for the American Way and various state chapters of the League of Women Voters, have said that the group was a Republican effot and pursued only allegations of voting fraud by Democrats. The group is apparently defunct as of May 2007.

Voter ID

Hearne helped Missouri Senator Delbert Lee Scott draft Missouri's voter ID law. The law was later found to be unconstitutional.

Personal

Hearne received his law degree from Washington University Law School and his B.A. from Washington University in St. Louis. Hearne and his wife Susan live in St. Louis, Missouri with their two daughters, Amelia and Elise. He is a licensed pilot and experienced sailor.

Career

Legal

General Counsel to Closely Held Businesses: General counsel to individuals, families and closely held firms on matters of wealth preservation and investment. Particular experience in matters concerning unique issues of real estate development and investment and investment in closely-held firms. Substantial experience as general counsel advising clients on the unique investment, tax planning and succession issues faces by high-net worth individuals and families. Successfully negotiated a variety of complex real estate and investment transactions and related state and federal tax and regulatory issues. Manage and supervise other legal counsel and professionals assisting in these matters. Counsel clients in public policy matters and the formation and management of private foundations, trusts, faith-based organizations and philanthropic enterprises.

Property Rights, Constitutional Law and Civil Rights Litigation: More than 15 years of experience in Fifth Amendment takings cases arising under the federal Trails Act and the Tucker Act. Represented more than 200 property owners nationwide in numerous cases involving eminent domain claims against the federal government. A national expert on federal Trails Act litigation, having served as counsel for property owners in several of the most landmark and influential rails-to-trails cases. Obtained one of the largest recoveries of compensation for property owners affected by the Trails Act. Specific notably property rights litigation includes: Counsel for Town of Grantwood Village in successful Fifth Amendment takings case in U.S. Court of Claims, Grantwood Village v. United States, 45 Fed Cl. 771 (Cl. Ct. 2000), (consolidated for partial summary judgment sub nomina Glosemeyer v. United States). Counsel for 93 property owners in successful Fifth Amendment Trails Act taking case. Miller v. United States (2006). Achieved judgment of more than $8.1 million in total compensation and won landmark decision on rate of interest due property owners for a Fifth Amendment Rails Act taking claim. Currently counsel for other property owners from Arizona, Florida, Kansas and other states in Fifth Amendment Taking cases. Significant litigation experience in federal and state court defending individual’s civil and constitutional rights. Counsel for plaintiff in Lowe v. American Standard, federal jury trial in February 2005 (E.D., Mo.). Jury returned verdict for Plaintiff in full amount of claim in excess of $500,000.

Government Relations, Election and Campaign Finance Law: Election counsel to various federal, state and local candidates, political parties, campaigns and businesses involved in the political process. Experienced in advising clients on compliance with state and federal campaign finance regulation and all related matters concerning the conduct of an election and participation in political process. Representation of clients in regulatory and enforcement action by Federal Election Commission and the Missouri Ethics Commission. Village Attorney and Prosecutor, Town of Grantwood Village, Missouri (1995 – 2004). Representation of clients in various municipal law matters and related litigation. Regional counsel to major national wireless-PCS telecommunications firm on matters of federal Telecommunications Act and state and local government litigation and regulation. National expert on state and federal election law. Advisor to Carter-Baker Commission on Federal Election Reform, testified before, United States Commission on Civil Rights, Federal Election Assistant Commission and both the United States House of Representative and U.S. Senate on election reform. Testified before various state legislatures and committees on election law. Appointed by Missouri Secretary of State to Missouri Committee on Help America Vote Act to advise on Missouri implementation of Help America Vote Act and related state legislation and rulemaking.

Recent Professional Accomplishments: National election counsel to President Bush’s 2004 reelection campaign. Counsel to Missouri Governor Matt Blunt, and various members of U.S. Congress and Senate and campaign committees. Advise campaigns on campaign finance (state and federal), litigation before Missouri Ethics Commission and campaign communication and political advertising. Counsel for campaigns and individuals in numerous state and federal election law cases. Counsel for Bush-Cheney-2000 in Bush-Cheney, 2000, Inc. v. Baker, 34 S.W.3d 410 (Mo. App, 2000), successful emergency appeal quashing Circuit Court order holding polls open beyond legal closing hour. Counsel for Plaintiffs in Corbett v. Sullivan, St. Louis County redistricting litigation (federal civil rights action) in U.S. District Court. Successful redistricting on behalf of africian-american plaintiff and NAACP interveners. Counsel for U.S. Congressmen Todd Akin in Akin v. McNary, successful defense of primary election recount challenge.

Political Experience

2005: Academic-Advisor to Commission on Federal Election Reform (Carter-Baker Commission), Election law counsel to Republican National Committee, Missouri Republican Party, Missouri Governor Matt Blunt and Missourians for Blunt, various members of U.S. House of Representatives and U.S. Senate and their campaign committees. Testified before U.S. Senate Judiciary Committee (July 2006) on election reform, before U.S. House Administration Committee, hearings into conduct of 2004 presidential election in Ohio (March 2005), before U.S. Commission on Civil Rights (October 2006) on election reform, and Federal Election Assistance Commission (December 2006), Member of Federal Election Assistance Commission working group on vote fraud and voter intimidation (Spring 2006). Counsel in numerous civil rights and election litigation (some of which is noted above).

2004: National election counsel to Bush-Cheney ’04. Advised campaign on issues of national election law and litigation strategy and recruited and organized local counsel and oversaw election litigation in all battleground states. Delegate to Republican National Convention, Missouri State Republican Convention and Chairman of Missouri Republican Platform Committee and member of National Republican Platform Committee. Election Counsel to Missouri Governor Matt Blunt and to members of U.S. House of Representatives.

2003 – 2004: Vice-President and Director of Election Operations for Republican National Lawyers Association, Chair of National Election Law School and Seminar, Orange County, California, August 2003 and Milwaukee, Wisconsin in July 2004. Advisor to California State Party counsel on Governor Arnold Schwarzenegger campaign and California recall election on Election Day operations and litigation.

2000 - 2002: Republican National Lawyers Association, Vice-President-Director Election Operations, Counsel to Bush-Cheney – 2000, Inc., Coordinated Missouri Election Day Legal Team and counsel in Bush-Cheney, 2000, Inc. v. Baker (see above), Broward County, Florida Recount Team – Observer, Counsel to U.S. Congressman Todd Akin and Missouri Republican Party, Missouri State Republican Convention – Alternate– Clayton Township

1988: Republican Candidate U.S. Congress, Missouri 3rd Cong. Dist – Successfully raised in excess of $200,000 and received campaign fundraising support from former Secretary of Interior, Don Hodel, former U.S. Senator Bill Armstrong and former U.S. Congressman Tom Curtis, Chairman.

1986-1987 - Reagan Administration – U.S. Department of Education, Office for Civil Rights, Attorney-Advisor-Law Clerk.

1984 -1980 - Missouri Republican Convention, Alternate

1976 – National & Missouri Republican Convention, Page

Television

Hearne has provided commentary for National Public Radio, FOX News and MSNBC.

Memberships

Hearne has been admitted to the Michigan and Missouri bar and has been admitted to and practiced in a number of courts including the U.S. Supreme Court, Michigan Supreme Court,Missouri Supreme Court, U.S. Court of Appeals for the Eighth Circuit, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Seventh Circuit, U.S. Court of Appeals for the Sixth Circuit, U.S. Court of Appeals for the Second Circuit, U.S. Court of International Trade and the U.S. Court of Claims.

Awards

• Selected for Missouri/Kansas Super Lawyers, 2005 and 2006
• Named one of Missouri's ten best attorneys by the Missouri Lawyers Weekly in 2004.
• Named as one of the Up and Coming Young Attorneys, "St. Louis Business Journal" for his work on real estate and real estate-related regulatory matters.
• Martindale-Hubbell® "AV" Rating
• Republican Candidate, United States House of Representatives, 1988 (3rd Cong. Dist.)
• Thor served as Attorney-Advisor with the Reagan administration from 1986-87.

Bibliography

• Author, Is There Life After the Clean-Air Act, In-Form: Journal of The American Oil Chemists Society. (5/95).
• Author, Legal Aspects of Doing Business In Missouri, Kluwer & West, Chapter on Missouri and annual updates, Doing Business in North America Series. (7/90-current).
• Author, Missouri Tightens Regulations of Underground Storage Tanks, St. Louis Business Journal. (4/91).
• Author, When Retirement Homes are Ad Valorem Tax Exempt, Missouri Bar Journal. (5/94-6/94).

Links

• Page at Lathrop & Gage Web site
• Analysis of American Center for Voter Rights at Web site for People For the American Way
• Recent Article in St. Louis Post Dispatch
• Missouri Lawyers Weekly Article
• Hearne's donation of $2,000.00 to George W. Bush at fundrace.org