Justice Department watchdog declines investigation into Reflecting Pool case

The Department of Justice’s inspector general has declined to investigate allegations of professional misconduct regarding the criminal case against David Hearn, a former Olympian. Hearn had been accused of intentionally damaging the Lincoln Memorial Reflecting Pool, but the case was dismissed after evidence showed he was not responsible for the damage to the pool’s lining.

Lawyers for Hearn requested investigations by the inspectors general of both the Justice and Interior Departments, alleging incompetence and misconduct during the prosecution. They claim to have identified potential crimes, including witness tampering, obstruction of justice, and the subornation of false testimony, during the Trump administration’s handling of the matter.

Inspector General Don R. Berthiaume informed Hearn’s legal team that the allegations fall outside the watchdog's jurisdiction and are instead the responsibility of the department’s Office of Professional Responsibility. Hearn’s lawyers have urged a reconsideration, arguing that declining an independent review could undermine public confidence in the Department of Justice’s ability to police its own conduct.