Justice Department watchdog declines to probe Reflecting Pool case, Hearn's lawyers say
In short
The Justice Department's inspector general, Don Berthiaume, has declined to investigate the handling of the criminal case against former Olympian David Hearn, according to Hearn's lawyers. The inspector general said the allegations fall within the remit of the department's Office of Professional Responsibility. Hearn's lawyers answered with a letter urging him to reconsider.
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The Department of Justice's inspector general has declined to investigate the handling of the criminal case against David Hearn, a former Olympian cleared of accusations that he intentionally damaged the Lincoln Memorial Reflecting Pool, according to a letter from Hearn's lawyers. The Associated Press, The Seattle Times and The Boston Globe described it as a letter from Wednesday. [ 1 , 2 , 4 ]
The internal watchdog told Hearn's lawyers that the allegations of professional misconduct they made fall outside its jurisdiction and are within the purview of the department's Office of Professional Responsibility. The letter urges Inspector General Don R. Berthiaume to reconsider. CBS News, which saw an Oct. 8 letter from Berthiaume, reported that he said he was bound by limitations in the law to refer the case to that office. 'The primary DOJ allegations in your letter fall within the categories of prosecutorial misconduct,' he wrote. [ 1 , 2 , 3 , 4 ]
The lawyers wrote that 'declining independent review would risk undermining public confidence in the Department's ability to police its own conduct.' According to CBS News, their Oct. 21 letter also said the Office of Professional Responsibility has been depleted by roughly 50% since the start of the Trump administration and 'is no longer a fully functioning entity capable of conducting rigorous oversight.' They added that the declination means an investigation 'will simply not take place.' CBS News reported that the office's head is appointed by the Attorney General and is generally viewed as less independent than an inspector general's office. [ 1 , 3 ]
On Oct. 6, Hearn's lawyers asked both the Justice Department inspector general and the Interior Department inspector general to investigate. They cited what they called 'incompetence and misconduct' during the investigation and prosecution. They say they believe they have identified potential crimes in the Trump administration's handling of the case, including witness tampering, obstruction of justice and the subornation of false testimony. NBC News reported that they described possible crimes by Justice Department personnel alone and others committed jointly with Interior Department personnel. NBC News said the inspector general's office did not immediately respond to a request for comment. [ 2 , 3 , 4 , 5 ]
NBC News reported that Hearn was charged in July with causing felony damage to President Donald Trump's renovations of the Reflecting Pool, and that Trump had blamed Hearn and other 'vandals' for the damage. The office of U.S. attorney Jeanine Pirro moved to dismiss the case at the end of July, saying the damage was 'the result of flawed installation by the contractor, Atlantic Industrial Coatings.' The AP reported that the Justice Department said newly produced evidence from the Interior Department showed that Hearn, 67, of Bethesda, Maryland, was not responsible for damage to the pool's lining. A District of Columbia judge later permanently threw out the prosecution, and NBC News reported the judge barred the government from charging Hearn again. [ 2 , 4 , 5 ]
Why it matters
Hearn's lawyers say the decision means an investigation into the conduct of federal officials in the case will not take place. CBS News reported that the Office of Professional Responsibility is generally viewed as less independent than an inspector general's office.
Key facts
- The Justice Department's inspector general declined to investigate the handling of the criminal case against David Hearn, a former Olympian cleared of accusations that he damaged the Lincoln Memorial Reflecting Pool, according to his lawyers. [ 1 , 2 , 3 , 4 , 5 ]
- The inspector general told Hearn's lawyers that their allegations of professional misconduct fall outside its jurisdiction and within the purview of the department's Office of Professional Responsibility. [ 1 , 2 , 4 ]
- Hearn's lawyers wrote a letter on Oct. 21 urging Inspector General Don R. Berthiaume to reconsider. [ 1 , 2 , 3 , 4 , 5 ]
- The lawyers had asked the inspectors general at the Justice and Interior departments on Oct. 6 to investigate the case. [ 3 ]
- The Justice Department moved to dismiss the case, and a District of Columbia judge later permanently threw it out. [ 2 , 4 , 5 ]
- The office of U.S. attorney Jeanine Pirro said the damage was the result of flawed installation by the contractor, Atlantic Industrial Coatings. [ 5 ]
Confirmed by several sources
- The Justice Department inspector general declined to investigate the handling of the Hearn case, according to the letter from Hearn's lawyers reported by several outlets. [ 1 , 2 , 3 , 4 , 5 ]
- Hearn's lawyers asked the inspector general to reconsider the decision. [ 1 , 2 , 4 , 5 ]
- The Justice Department moved to dismiss the case and a judge later threw it out. [ 2 , 4 , 5 ]
Still unclear
- Whether the inspector general will reconsider. The documents report only the lawyers' request; no reply from the inspector general is given.
- Whether the Office of Professional Responsibility will examine the allegations. The documents say the inspector general referred the matter to that office but do not say whether it will act.
- The lawyers' allegations of potential crimes, including witness tampering, obstruction of justice and subornation of false testimony. These are claims by Hearn's lawyers; the documents give no response from the Justice Department.
- The inspector general's reaction to the lawyers' latest letter. NBC News said the inspector general's office did not immediately respond to a request for comment.
What local media are saying
Timeline, local time
- The Associated Press published its report on the inspector general's decision. [ 1 ]
- CBS News published its report, citing an Oct. 8 letter from the inspector general to Hearn's attorneys. [ 3 ]
- The Boston Globe published the AP report. [ 4 ]
- NBC News published its report and said the inspector general's office had not immediately responded to a request for comment. [ 5 ]