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DOJ Watchdog Declines Investigation Into Olympian's Falsified Vandalism Case

The DOJ inspector general referred misconduct claims regarding the David Hearn Reflecting Pool case to the Office of Professional Responsibility, citing a lack of jurisdiction.

By The Plain RecordUpdated October 21, 2026 at 10:20 AM EDT
Published October 21, 2026 at 10:20 AM EDT

The short answer

The DOJ inspector general referred misconduct claims regarding the David Hearn Reflecting Pool case to the Office of Professional Responsibility, citing a lack of jurisdiction.

Updates (1)

  • Update — October 21, 2026 at 10:20 AM EDT: David 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’
DOJ Watchdog Declines Investigation Into Olympian's Falsified Vandalism Case

The Facts

Who
Inspector General Don Berthiaume, David Hearn, U.S. Attorney Jeanine Pirro, and attorney Michael Bromwich
What
The Department of Justice Inspector General declined to investigate claims of prosecutorial misconduct in the David Hearn case, referring the matter to the Office of Professional Responsibility.
When
Wednesday, October 21, 2026
Where
Washington, D.C.
Why
The case involves allegations of witness tampering and civil rights violations by federal prosecutors, raising questions about independent oversight within the Justice Department.

The Justice Department's inspector general has declined to investigate allegations of misconduct involving the prosecution of David Hearn, a 67-year-old former Olympian. Hearn had been charged with a felony for allegedly vandalizing the Lincoln Memorial Reflecting Pool, but the case was later dismissed. In an Oct. 21 letter, Inspector General Don Berthiaume stated that the allegations fell outside his office's jurisdiction and referred the matter to the Office of Professional Responsibility.

The case began after Hearn was accused of damaging the pool's liner during a renovation project tied to the 250th anniversary of the United States. U.S. Attorney Jeanine Pirro announced the charges in a July 2 press conference, but her office later moved to dismiss the case on Oct. 1 after new information indicated the damage was caused by a contractor's installation error rather than vandalism. Hearn's legal team, which includes former inspector general Michael Bromwich, formally requested investigations from the Justice and Interior departments on Oct. 6.

Hearn's attorneys allege that federal officials engaged in criminal conduct, including witness tampering and subornation of perjury. They cited grand jury testimony where a witness initially could not estimate damage costs, but after a 21-minute break, testified that the damage exceeded $1,000—the threshold for a felony charge. The lawyers argue that the inspector general has previously investigated department lawyers, such as former U.S. Attorney Rachael Rollins in 2023, and should do so again given the potential for criminal civil rights violations.

The scale of the alleged misconduct involves a felony charge that could have resulted in significant legal penalties and costs for Hearn. His attorneys claim the government held evidence of his innocence for weeks while proceeding with the case. Because the OPR reports to the Attorney General and is not required to publicize its findings or report to Congress, Hearn's lawyers argue that referring the case there effectively prevents an independent, public accounting of why a resident was prosecuted for what turned out to be a contractor's error. The attorneys stated that without inspector general intervention, a full investigation into these claims "will simply not take place."

The next steps depend on whether Inspector General Berthiaume chooses to reconsider the referral following the Oct. 21 rebuttal from Hearn’s counsel. While the District of Columbia judge permanently dismissed the charges on Oct. 1, the internal disciplinary process remains ongoing. The Interior Department’s inspector general was also requested to investigate, but that office's response was not reported. There are currently no public deadlines for the OPR to complete its review or release a final report.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. July 2, 2026

    U.S. Attorney Jeanine Pirro announces felony charges against Hearn

  2. October 1, 2026

    Judge permanently dismisses charges against Hearn

  3. October 6, 2026

    Hearn's lawyers request inspector general investigations

  4. October 21, 2026

    Inspector General Berthiaume declines investigation and refers case to OPR

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: DOJ Watchdog Declines Investigation Into Olympian's Falsified Vandalism Case?

The Department of Justice Inspector General declined to investigate claims of prosecutorial misconduct in the David Hearn case, referring the matter to the Office of Professional Responsibility.

Who is involved?

Inspector General Don Berthiaume, David Hearn, U.S. Attorney Jeanine Pirro, and attorney Michael Bromwich

When did this happen?

Wednesday, October 21, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

The case involves allegations of witness tampering and civil rights violations by federal prosecutors, raising questions about independent oversight within the Justice Department.