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.