DOJ watchdog declines to investigate 'misconduct' in Reflecting Pool vandalism case, lawyers say

The Justice Department's inspector general has declined to investigate alleged misconduct in the criminal case against former Olympian David Hearn, according to his lawyers.Hearn, 67, of Bethesda, Maryland, was charged then cleared of accusations that he intentionally damaged the Lincoln Memorial Reflecting Pool after President Donald Trump’s botched renovation project.In a letter dated Wednesday, the DOJ watchdog told Hearn's lawyers that the professional misconduct allegations they raised fall outside its jurisdiction. It said the claims belong instead with the department's Office of Professional Responsibility, according to the letter, which urges Inspector General Don R. Berthiaume to reconsider the decision.“Given the substantial public attention devoted to this matter, and the significant questions raised concerning the conduct of federal officials, declining independent review would risk undermining public confidence in the Department’s ability to police its own conduct. Such a result would be inconsistent with the purposes for which Congress established the OIG and would be a betrayal of its mission,” the letter says.The internal watchdog told David Hearn's lawyers that the allegations of professional misconduct that they made fall outside its jurisdiction (Getty)Hearn was accused in July of causing more than $1,000 in damage to new sealant at the bottom of the Reflecting Pool. He denied damaging the liner and said he had reached down into the pool while on a 64-mile bike ride through the nation's capital. When the Justice Department moved to dismiss the case against Hearn in August, it said newly produced evidence from the Interior Department showed Hearn was not responsible for damage to the pool's lining. A District of Columbia judge permanently threw out the charges on Oct. 1. Hearn's lawyers had asked for investigations by the inspectors general at the departments of Justice and Interior, citing a broad variety of “incompetence and misconduct” that they said occurred during the criminal investigation and prosecution of their client.His attorneys said they believed they have identified potential crimes in the Trump administration's handling of the case, including witness tampering, obstruction of justice and the subornation of false testimony.In an initial letter to the watchdogs, the lawyers said the evidence that established their client's innocence had been in the Justice Department's possession for weeks and was “simply ignored.”They asked the inspectors general to investigate why prosecutors “rushed to indict” under what they said was pressure from Trump, who had launched a massive renovation project of the Reflecting Pool for the celebration in Washington of America's 250th anniversary.Hearn’s lawyers want the inspector general to investigate whether U.S. Attorney Jeanine Pirro, whose office handled the case, violated ethical rules (Getty)In renewing their request, Hearn's team argued that the inspector general is uniquely positioned – both in terms of tools and independence – to dig into allegations of misconduct against the government officials involved in the case.They point to a difference between the two offices: the Office of Professional Responsibility, which also investigates some categories of professional misconduct, reports to the deputy attorney general and attorney general. Unlike the inspector general's office, it has no obligation to publicize its work or report its findings to Congress, they note.The lawyers also argue the inspector general is the right office to investigate the potential criminal misconduct they believe they have identified within the government. They assert that prosecutors elicited false testimony from a witness who testified before the grand jury and violated Hearn's civil rights by proceeding with a flawed criminal case.They say the inspector general should investigate whether U.S. Attorney Jeanine Pirro, whose office handled the case, violated ethical rules in a news conference when she announced charges against Hearn.The U.S. attorney's office did not respond to a request seeking comment when Hearn's attorneys raised the allegations earlier this month. Among Hearn's attorneys is Michael Bromwich, a Justice Department inspector general during the Clinton administration.