David Hearn Reflecting Pool case: DOJ watchdog declines to investigate, lawyers say

The Justice Department’s internal watchdog has declined to investigate how prosecutors handled the case against David Hearn. Hearn is the former Olympic canoeist who was charged, then cleared, over damage to the Lincoln Memorial Reflecting Pool. His lawyers disclosed the decision in a letter on Wednesday, Oct. 21, according to the Associated Press. “David Hearn reflecting pool case” passed 20,000 US searches on Google Trends.

What the inspector general decided

Inspector General Don R. Berthiaume’s office told Hearn’s lawyers that their misconduct allegations fall outside its jurisdiction, the AP reported. The office said they belong instead with the department’s Office of Professional Responsibility (OPR). The lawyers’ letter asks the inspector general to reconsider.

“Declining independent review would risk undermining public confidence in the Department’s ability to police its own conduct,” the letter says, calling such a result “a betrayal of its mission.”

The lawyers argue the inspector general is the right office because OPR reports to the deputy attorney general and the attorney general. They add that OPR has no obligation to publish its findings or report to Congress. Among Hearn’s attorneys is Michael Bromwich, who was the Justice Department’s inspector general during the Clinton administration.

What Hearn’s lawyers allege

Earlier this month, the team asked the inspectors general at both Justice and Interior to investigate what they called “incompetence and misconduct” in the case, the AP reported. They say they believe they have identified potential crimes, including witness tampering, obstruction of justice and subornation of false testimony.

They also want an inquiry into whether U.S. Attorney Jeanine Pirro, whose office brought the case, broke ethics rules at the news conference where she announced the charges. These are the lawyers’ allegations; no official body has made such findings.

Pirro’s office did not respond when the allegations were first raised. Asked about the case at an unrelated news conference Wednesday, Pirro cut off the question and called on another reporter, according to the AP.

How the case fell apart

• The charge: Hearn, 67, of Bethesda, Maryland, was accused of damaging the Reflecting Pool’s lining. The pool was being renovated as part of a project President Donald Trump launched ahead of the country’s 250th anniversary celebrations.
• The reversal: Prosecutors moved to drop the case after evidence from the Interior Department showed the damage came from a “flawed installation,” not from Hearn, CNBC reported. Hearn’s lawyers say that evidence had been in the department’s hands for weeks and was “simply ignored.”
• The dismissal: On Oct. 1, D.C. Superior Court Judge Todd Edelman dismissed the case with prejudice, which means it can’t be refiled. Prosecutors had asked to keep that option open.

Edelman cited the “exceptional circumstances” of the case. Hearn, he wrote, “faces the unique possibility that the government will revive this case — one that it has already announced to be meritless — based on political pressure brought by the President of the United States upon his subordinate officers.” Trump had publicly criticized Pirro for dropping the case and has continued to insist the damage was vandalism, CNBC reported.

What’s next

It’s not clear whether the inspector general will reconsider, or whether OPR or Interior’s watchdog will open any review. Hearn can no longer be prosecuted over the pool, because the dismissal was with prejudice.

FAQ

Who is David Hearn? A former US Olympic canoeist, now 67, who lives in Bethesda, Maryland.

Was he guilty? No. Prosecutors themselves said the damage came from a flawed installation, and the case was permanently dismissed.

Is anyone investigating the prosecutors? No investigation has been announced. The DOJ inspector general declined, according to Hearn’s lawyers, who are asking it to reconsider.