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Justice Department Watchdog Declines to Investigate Dismissed Reflecting Pool Case

Lawyers for David Hearn said the Justice Department inspector general declined to probe a dismissed case involving damage to the Lincoln Memorial Reflecting Pool.

Published October 21, 2026 at 9:00 AM EDT

The short answer

Lawyers for David Hearn said the Justice Department inspector general declined to probe a dismissed case involving damage to the Lincoln Memorial Reflecting Pool. Lawyers for former Olympian David Hearn stated on Wednesday, October 21, 2026, that the Justice Department’s inspector general has declined to investigate the department’s handling of a dismissed criminal case against him.

Justice Department Watchdog Declines to Investigate Dismissed Reflecting Pool Case

The Facts

Who
Justice Department Inspector General Don R. Berthiaume and attorneys for David Hearn.
What
Justice Department inspector general's refusal to investigate a dismissed criminal case.
When
Wednesday, October 21, 2026
Where
Washington, D.C.
Why
Hearn's lawyers allege government misconduct in a felony case that was dropped after evidence suggested the pool damage was caused by faulty installation rather than vandalism.

Lawyers for former Olympian David Hearn stated on Wednesday, October 21, 2026, that the Justice Department’s inspector general has declined to investigate the department’s handling of a dismissed criminal case against him. Hearn was previously charged with a felony for allegedly damaging the Lincoln Memorial Reflecting Pool, but the case was later dropped. According to a letter from Hearn's legal team, Inspector General Don R. Berthiaume informed them that the allegations of misconduct by department personnel fall outside his office's jurisdiction.

The case originated in June 2026 after President Donald Trump reported a 350-foot slit in the pool's sealant following renovations for the "America 250" celebration. D.C. U.S. Attorney Jeanine Pirro announced a felony indictment against Hearn in early July. However, Pirro later dropped the charges, stating that information from the Department of the Interior suggested the damage resulted from a flawed installation process during a rushed renovation rather than intentional vandalism. A judge subsequently blocked the government from recharging Hearn, citing the president's public criticism of the dismissal.

Hearn’s attorneys, including Norm Eisen, requested a joint investigation by the Justice and Interior departments on October 6, 2026. They alleged the government rushed the pool's renovation despite warnings of failure and pursued Hearn even after learning of other causes for the damage. The lawyers argued the investigation should cover Hearn's arrest, his detention, and the public statements made by officials. In their follow-up letter on Wednesday, the attorneys disputed the inspector general's claim that the matter belongs solely to the Office of Professional Responsibility (OPR), which handles attorney misconduct.

The scale of the incident involved a 350-foot segment of the Reflecting Pool and a felony indictment seeking damages exceeding $1,000. For the public and federal employees, the dispute highlights a conflict over which internal body is responsible for investigating alleged criminal conduct by Justice Department personnel, such as witness tampering or obstruction of justice. Hearn’s lawyers argued that while OIG has the authority to investigate crimes, OPR lacks the resources to handle a probe of this magnitude.

The next steps in the matter depend on whether the Inspector General’s office responds to the lawyers' request for reconsideration. As of October 21, 2026, the Justice Department had not provided a public comment on the inspector general's refusal to probe the case. The permanent injunction against recharging Hearn remains in place, meaning he does not currently face the threat of renewed prosecution for the pool damage. No future court dates or deadlines for a department response have been reported.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. June 22, 2026

    President Trump reports damage to the Reflecting Pool

  2. July 31, 2026

    Prosecutors drop charges against David Hearn

  3. October 6, 2026

    Hearn's lawyers request an inspector general investigation

  4. October 21, 2026

    Lawyers report inspector general declined the investigation

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: Justice Department Watchdog Declines to Investigate Dismissed Reflecting Pool Case?

Lawyers for former Olympian David Hearn stated on Wednesday, October 21, 2026, that the Justice Department’s inspector general has declined to investigate the department’s handling of a dismissed criminal case against him. Hearn was previously charged with a felony for allegedly damaging the Lincoln Memorial Reflecting Pool, but the case was later dropped.

Who is involved?

Justice Department Inspector General Don R. Berthiaume and attorneys for David Hearn.

When did this happen?

Wednesday, October 21, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

Hearn's lawyers allege government misconduct in a felony case that was dropped after evidence suggested the pool damage was caused by faulty installation rather than vandalism.