DOJ Watchdog Rebuffs Probe into Dropped Reflecting Pool Case Against Ex-Olympian
DOJ watchdog refuses to probe the botched prosecution of ex-Olympian David Hearn over Lincoln Memorial Reflecting Pool damage, sparking fierce pushback.
POLICY WIRE — Washington, United States — The Department of Justice’s internal watchdog has declined to examine how federal prosecutors handled the dismissed criminal case against former Olympic canoeist David Hearn, according to correspondence released Wednesday by his legal counsel.
Hearn was cleared of allegations that he deliberately inflicted damage on the Lincoln Memorial Reflecting Pool during preparations tied to the nation’s 250th anniversary events.
In response to calls for an inquiry, the office of Inspector General Don R. Berthiaume informed Hearn’s defense team that accusations of professional wrongdoing fall outside its statutory remit, directing the matter instead to the department’s Office of Professional Responsibility.
Attorneys for the former Olympian immediately petitioned Berthiaume to reverse his stance, warning that failing to act threatens institutional credibility.
“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.
Hearn’s legal defense team, which includes former Clinton-era Justice Department Inspector General Michael Bromwich and attorney Norm Eisen, earlier petitioned watchdogs at both the Justice and Interior departments to review extensive claims of government overreach.
They contend that federal authorities ignored proof establishing Hearn’s innocence for weeks while succumbing to pressure from Republican President Donald Trump to secure a swift indictment.
The defense team has alleged possible criminal offenses during the investigation, accusing officials of suborning false testimony before a grand jury, tampering with witnesses, obstructing justice, and violating Hearn’s civil rights.
They also asked investigators to evaluate whether U.S. Attorney Jeanine Pirro breached legal ethics standards when announcing criminal charges against Hearn during a press briefing.
Pushing back on referral to the Office of Professional Responsibility, Hearn’s counsel highlighted that the office answers directly to the attorney general and deputy attorney general, operating without mandates to share conclusions with Congress or the public.
“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, the letter adds.
The U.S. Attorney’s Office for the District of Columbia did not provide comment when the allegations were initially lodged earlier this month.
Reporting by Policy-Wire (PW)
