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DOJ Inspector General Declines Probe of Botched Reflecting Pool Prosecution

Hearn’s lawyers say sending the matter to the Justice Department’s Office of Professional Responsibility leaves serious misconduct claims without an independent investigator.

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 Oct. 21, lawyers for David Hearn disclosed that DOJ Inspector General Don R. Berthiaume declined to open an investigation and referred their allegations to the department’s Office of Professional Responsibility.
  • Prosecutors had dropped the case after Interior Department records and contractor admissions showed the Reflecting Pool liner failed from a rushed, flawed installation, and a D.C. judge later dismissed the indictment with prejudice.
  • Hearn’s legal team alleges specific misconduct, including a grand‑jury witness who changed testimony after a 21‑minute break, and they say those episodes point to possible witness tampering, perjury and obstruction.
  • The Interior Department’s inspector general told Hearn’s lawyers it is considering their request to investigate the agency’s role, while public statements by President Trump, Interior Secretary Doug Burgum and U.S. Attorney Jeanine Pirro intensified scrutiny.
  • Hearn’s lawyers warn that OPR is less independent than the OIG, reports inside DOJ leadership and has been reduced in staff and output, so the referral raises questions about whether any meaningful, public accountability will follow and could prompt congressional oversight or civil suits.