DOJ watchdog refuses to investigate Reflecting Pool case misconduct

Summarised from 2 outlets · Updated 21 Oct, 15:38 · Archive

The Justice Department's inspector general has declined to investigate allegations of misconduct by prosecutors in the criminal case against Olympian David Hearn, who was charged with damaging the Lincoln Memorial Reflecting Pool and later cleared. In an October letter, Inspector General Don Berthiaume determined the allegations fell outside his purview and referred them to the Office of Professional Responsibility.

Hearn, 67, of Bethesda, Maryland, was accused in July of causing more than £1,000 in damage to the pool's sealant. He denied the allegations, saying he had reached into the pool during a bike ride. The Justice Department moved to dismiss the case in August after newly produced evidence from the Interior Department showed Hearn was not responsible. A judge permanently threw out the charges on 1 October.

Hearn's lawyers complained that the Office of Professional Responsibility lacks independence compared to the inspector general. Unlike the inspector general, who is presidentially appointed and Senate confirmed, the head of the Office of Professional Responsibility is appointed by the Attorney General. According to Hearn's attorneys, the office has been depleted by roughly 50 per cent since the start of the Trump administration. They argued in response to the declination that the office is 'no longer a fully functioning entity capable of conducting rigorous oversight' and that an investigation 'will simply not take place'.

How it is being reported

• DOJ watchdog declines to investigate 'misconduct' in Reflecting Pool vandalism case, lawyers sayDavid Hearn’s lawyers have alleged that evidence establishing their client’s innocence was in the Justice Department’s possession for weeks and was ‘simply ignored’Independent World · 21 Oct, 15:14
• DOJ watchdog declines investigation in Reflecting Pool caseHearn's lawyers complain the inspector general has referred the case to the Office of Professional Responsibility, a unit that was largely gutted and lacks independence.CBS News · 21 Oct, 14:42

In this story: David Hearn · Don Berthiaume · Justice Department · Office of Professional Responsibility · Lincoln Memorial Reflecting Pool · Bethesda

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