DOJ watchdog declines to probe Reflecting Pool prosecution of ex-Olympian David Hearn, lawyers say

Watchdog says the matter is not its call

The Justice Department's inspector general has declined to investigate how federal prosecutors came to charge former Olympic canoeist David Hearn over damage to the Lincoln Memorial Reflecting Pool, according to Hearn's lawyers, who on Wednesday asked the office to reverse that decision. ^{[1] [2] [3]}

Hearn's legal team first asked both the Justice Department and Interior Department inspectors general to open inquiries on Oct. 6. The Justice Department watchdog, led by Inspector General Don Berthiaume, replied on Oct. 8 that it would not open an investigation, MS NOW reported, citing the lawyers' account. CBS News and NBC News reported that the office treated the complaint as outside its remit and referred it to the department's Office of Professional Responsibility, which reviews misconduct by Justice Department attorneys. ^{[1] [2] [3]}

The inspector general's office and the Justice Department did not immediately respond to requests for comment from NBC News and MS NOW. ^{[2] [3]}

What the lawyers are alleging

In the Wednesday letter, Hearn's attorneys argued that the inspector general has authority to run both administrative and criminal investigations of department personnel. They said the facts point to possible witness tampering, subornation of perjury, obstruction of justice and criminal civil rights violations, according to MS NOW and CBS News. None of those allegations has been tested in court, and no Justice Department employee has been accused of wrongdoing by any official body. ^{[1] [3]}

The central claim concerns grand jury testimony. According to the letter, as described by NBC News and CBS News, a government witness first said the pool needed repairs regardless of anything Hearn did and that he could not say whether Hearn caused damage. After a 21-minute break off the record, the lawyers say, the witness testified the damage was "definitely" $1,000 or more, the threshold for the felony charge. ^{[1] [2]}

The lawyers also questioned the Office of Professional Responsibility's capacity. They wrote that it lacks criminal jurisdiction and has lost about half its staff under the current administration, and warned that without the inspector general an investigation "will simply not take place," according to CBS News and NBC News. CBS identified former Justice Department Inspector General Michael Bromwich as part of Hearn's legal team. ^{[1] [2]}

Interior Department review unclear

Accounts differ on the status of a parallel request to the Interior Department's inspector general. NBC News reported that the lawyers' letter says that office is investigating Hearn's allegations about Interior personnel. MS NOW reported that the Interior watchdog told it on Tuesday that it does not confirm or deny investigations, but had written to Hearn's lawyers saying it was considering the request. ^{[2] [3]}

Hearn's team has asked the Interior watchdog to examine whether Interior Secretary Doug Burgum knew his public statements blaming vandals for the damage were false, MS NOW reported. ^[3]

How the case collapsed

Hearn was indicted in early July on one felony count of destruction of property and pleaded not guilty. At a July 2 news conference, Jeanine Pirro, the U.S. attorney for the District of Columbia, accused him of damaging the pool's liner. He could have faced up to 10 years in prison if convicted, MS NOW reported. ^{[1] [3]}

By the end of July, Pirro's office moved to dismiss the case. Prosecutors said the damage resulted from flawed installation by the contractor, Atlantic Industrial Coatings, and that the Interior Department had not supplied key documents until weeks after the indictment, according to NBC News and MS NOW. President Donald Trump publicly disagreed with the decision and continued to blame vandals, as did Burgum. ^{[2] [3]}

On Oct. 1, D.C. Superior Court Judge Todd Edelman dismissed the charge with prejudice, meaning it cannot be refiled. Prosecutors had asked for a dismissal that would have left that door open. Edelman cited the case's exceptional circumstances and political pressure from Trump on prosecutors, Axios reported. ^[4]

What comes next

The criminal case against Hearn is over. What remains is whether any federal watchdog will examine how it was brought. The Justice Department inspector general has not publicly said whether it will reconsider, and the Interior Department inspector general has not publicly confirmed an investigation. ^{[1] [2] [3]}