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DOJ Inspector General Declines Probe Into Botched Reflecting Pool Prosecution

The decision transfers responsibility to the Justice Department’s Office of Professional Responsibility and leaves the Interior inspector general weighing a separate review.

The World War II Memorial, the Lincoln Reflecting Pool and the Lincoln Memorial are seen from the Washington Monument, Thursday, Oct. 8, 2026, in Washington. (AP Photo/Matt Rourke)
The Lincoln Memorial Reflecting Pool is blocked off to the public, Tuesday, Oct. 13, 2026, in Washington. (AP Photo/Jacquelyn Martin)
FILE - Former Olympic canoeist David Hearn, speaks to reporters outside the District of Columbia Courthouse, Sept. 4, 2026, in Washington, following a hearing concerning the dismissal of charges against him for allegedly damaging the Lincoln Memorial Reflecting Pool. (AP Photo/Mark Schiefelbein, File)
FILE - Former Olympic canoeist David Hearn, left, and his attorney Norm Eisen, right, leave the District of Columbia Courthouse, Sept. 4, 2026, in Washington, following a hearing concerning the dismissal of charges against him for allegedly damaging the Lincoln Memorial Reflecting Pool. (AP Photo/Mark Schiefelbein, File)

Overview

  • On Wednesday, Oct. 21, lawyers for David Hearn said the Justice Department inspector general told them it would not open an investigation and referred the allegations to the Office of Professional Responsibility.
  • The underlying criminal case was dismissed by prosecutors after Interior and contractor records showed the Reflecting Pool liner failed because of a flawed contractor installation, and a judge later threw out the indictment with prejudice.
  • Hearn’s attorneys contend prosecutors had exculpatory Interior documents for weeks, rushed to indict, and point to possible crimes by DOJ personnel including witness tampering, obstruction and subornation of perjury.
  • They argue OPR is insufficiently independent and under-resourced to investigate effectively, while the Interior Department’s inspector general has told Hearn’s team it is considering a request for a separate inquiry.
  • With the prosecution closed and the DOJ OIG declining to act, the remaining avenues for accountability are an Interior OIG probe, civil litigation, or congressional oversight to examine prosecutors’ and agency conduct.