The U. S.
Justice Department's internal watchdog has declined to investigate allegations of prosecutorial misconduct in the failed felony case against former Olympic canoeist David Hearn over damage to the Lincoln Memorial Reflecting Pool.
Hearn's lawyers challenged the decision on Oct. 21, arguing that evidence warrants an independent investigation into potential crimes by federal officials.
Inspector General Don Berthiaume determined that the allegations fell outside his office's authority and referred the matter to the Justice Department's Office of Professional Responsibility, according to correspondence obtained by multiple news outlets.
Hearn's legal team argues that the referral risks leaving serious allegations without adequate scrutiny.
Case Dismissed After Contractor Error
The dispute follows the dismissal of a felony charge accusing Hearn of damaging the pool's liner.
Prosecutors later attributed the damage to faulty installation by contractor Atlantic Industrial Coatings, and a D. C.
Superior Court judge dismissed the case with prejudice, preventing the government from bringing the same charges again.
Hearn's attorneys, including former Justice Department Inspector General Michael Bromwich, requested investigations by the inspectors general of both the Justice and Interior departments on Oct.
6.
They allege that officials overlooked evidence indicating Hearn's actions caused no additional damage or repair costs.
In their appeal, the lawyers said the allegations extended beyond poor prosecutorial judgment to potential witness tampering, perjury-related offenses, obstruction of justice and civil rights violations.
They also questioned whether prosecutors improperly influenced testimony before a grand jury.
The attorneys identified a disputed exchange involving a government witness who initially said repairs were necessary regardless of Hearn's actions, could not determine whether he had damaged the liner and could not estimate additional repair costs.
After a 21-minute break, the witness returned and testified that the damage was "definitely" $1,000 or more, the threshold relevant to the felony charge.
Hearn's lawyers contend the change warrants scrutiny into whether government personnel knowingly induced false testimony.
They also asked investigators to examine public statements by U. S.
Attorney for the District of Columbia Jeanine Pirro, arguing that her comments prejudiced the case.
The Office of Professional Responsibility investigates certain categories of misconduct by Justice Department attorneys, including conduct connected to litigation, investigations and legal advice.
Unlike the inspector general, its leadership is appointed by the attorney general rather than through presidential appointment and Senate confirmation.
Hearn's attorneys argue that the office lacks the resources to provide effective oversight, citing a roughly 50% reduction in personnel since the start of the Trump administration.
They also cited reporting that new investigations had fallen to a 20-year low while complaints increased.
In their response to the referral, the lawyers warned that the office could not deliver rigorous oversight under its current conditions.
They argued that without an independent inquiry, allegations involving federal personnel might never be fully investigated.
The Interior Department's inspector general is separately considering or investigating allegations concerning department personnel, according to correspondence and statements cited by news outlets.
The office has said it does not confirm or deny ongoing investigations.
The prosecution began after President Donald Trump publicly blamed vandals for damage to the Reflecting Pool.
At a July 2 news conference, Pirro accused Hearn of forcefully damaging the pool's liner and said prosecutors had evidence beyond a reasonable doubt.
At the end of July, Pirro moved to dismiss the charge after new information pointed to contractor error.
She said the Interior Department had provided incomplete information at the outset and that documents showing the installation problems had not reached prosecutors until weeks after the indictment.
Hearn had pleaded not guilty to the felony charge, which carried a potential prison sentence of up to 10 years.
Trump publicly disagreed with Pirro's decision to drop the case and continued to characterize the incident as vandalism.
The Justice Department and its inspector general did not immediately respond to requests for comment cited in the reports.
The inspector general's decision to refer the allegations to the Office of Professional Responsibility remains the central dispute, with Hearn's lawyers seeking an investigation into possible misconduct by federal officials.
