Justice Department Watchdog Declines to Investigate Handling of Reflecting Pool Case, Lawyers Say

WASHINGTON – The Justice Department’s inspector general has refused to open an investigation into the government’s handling of the criminal case against a former Olympian who was cleared of intentionally damaging the Lincoln Memorial Reflecting Pool, according to a letter sent Wednesday by the man’s attorneys.

The department’s internal watchdog informed David Hearn’s lawyers that their allegations of professional misconduct fall outside the inspector general’s authority. The office said those claims instead belong with the Justice Department’s Office of Professional Responsibility, according to the letter, which asks Inspector General Don R. Berthiaume to reverse the decision.

“Given the substantial public attention devoted to this matter, and the significant questions raised concerning the conduct of federal officials, declining independent review would risk undermining public confidence in the Department’s ability to police its own conduct. Such a result would be inconsistent with the purposes for which Congress established the OIG and would be a betrayal of its mission,” the letter says.

Earlier this month, Hearn’s attorneys asked the inspectors general for both the Justice and Interior departments to investigate what they described as widespread “incompetence and misconduct” during the criminal investigation and prosecution. The lawyers said they had uncovered potential crimes in the Trump administration’s handling of the case, including witness tampering, obstruction of justice and the subornation of false testimony.

The Justice Department sought to dismiss the prosecution last summer after newly disclosed evidence from the Interior Department indicated that Hearn, 67, of Bethesda, Maryland, was not responsible for damaging the pool’s lining. A District of Columbia judge subsequently dismissed the case permanently.

In their original request, Hearn’s lawyers argued that the evidence proving his innocence had been in the Justice Department’s possession for weeks but was “simply ignored.” They asked the inspectors general to determine why prosecutors “rushed to indict” Hearn, allegedly under pressure from Republican President Donald Trump. Trump had initiated a major renovation of the Reflecting Pool ahead of Washington’s celebration of America’s 250th anniversary.

In renewing their appeal for an inspector general inquiry, Hearn’s legal team said the watchdog has the independence and investigative authority needed to examine alleged misconduct by the government officials involved in the case.

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The lawyers pointed out that the Office of Professional Responsibility, while empowered to investigate certain forms of professional misconduct, reports to the deputy attorney general and the attorney general. Unlike the inspector general’s office, it is not required to make its work public or submit its findings to Congress.

Hearn’s attorneys also contend that the inspector general is the appropriate office to examine possible criminal wrongdoing within the government. They allege that prosecutors elicited false testimony from a grand jury witness and violated Hearn’s civil rights by pursuing a defective criminal case. The lawyers further want an investigation into whether U.S. Attorney Jeanine Pirro, whose office prosecuted the case, broke ethical rules during a news conference announcing the charges against Hearn.

The U.S. attorney’s office did not respond to a request for comment when Hearn’s attorneys made the allegations earlier this month.

Michael Bromwich, who served as the Justice Department’s inspector general during the Clinton administration, is among Hearn’s attorneys.

“In a case such as this one, when some of the allegations directly involve the United States Attorney for the District of Columbia, there is substantial reason to question whether any meaningful independent review would occur,” the lawyers’ letter says. “Your decision not to investigate would be consigning these serious allegations to oblivion despite the enormous public interest in the matter and the absence thus far of any accountability for the individuals involved.”