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Inspector General Declines Investigation in Hearn Case Over Reflecting Pool Damage

Inspector General Declines Investigation in Hearn Case Over Reflecting Pool Damage

The Justice Department's inspector general decided against probing the case against David Hearn linked to the Lincoln Memorial.

The controversy surrounding former Olympic canoeist David Hearn has escalated following the Justice Department's inspector general's decision not to investigate the mishandled criminal case related to the Lincoln Memorial Reflecting Pool. Hearn's legal team is pressing for a review, citing several serious allegations of misconduct by prosecutors.

Background of the Case

In July, Hearn faced felony charges for allegedly damaging renovations to the Reflecting Pool completed during Donald Trump's presidency. Trump had claimed that Hearn was among the 'vandals' responsible for this damage. However, the U.S. Attorney's Office for the District of Columbia later dismissed the charges, attributing the damages to faulty installation by Atlantic Industrial Coatings, the responsible contractor.

Calls for Investigation

Hearn's attorneys submitted a letter to Inspector General Don R. Berthiaume urging a fresh investigation into the case, noting evidence of possible criminal violations involving DOJ employees. They assert that the rush to charge Hearn mirrored the expedited renovation work on the Reflecting Pool.

  • Their letter pointed out that Hearn's actions had not resulted in any documented harm or financial loss, key elements necessary for the felony charge.
  • They also highlighted that even during grand jury proceedings, conflicting testimonies emerged, with an initial witness stating that repairs were needed regardless of Hearn’s actions.

After a brief recess, the same witness unexpectedly changed their testimony, claiming the damage exceeded $1,000—the threshold for felony charges. Hearn's legal team argues this alteration may have been influenced by prosecutors, calling for the inspector general to examine the circumstances around this shift.

Concerns Over DOJ Procedures

In their correspondence, Hearn’s attorneys expressed discontent that the inspector general’s office refused to pursue an investigation, instead directing the matter to the Office of Professional Responsibility (OPR). They criticized this office for lacking criminal jurisdiction and having seen staffing reductions under the Trump administration, which they argue has severely limited its oversight capacity.

They contended that the OPR is no longer able to conduct effective investigations, as evidenced by a dramatic decline in the number of new inquiries initiated in recent years, even as complaints have surged.

Implications for Accountability

Hearn's situation underscores significant concerns about justice and oversight within governmental agencies, particularly pertaining to the responsibilities of inspectors general. The ongoing investigation by the Interior Department inspector general into the actions of their personnel adds a layer of complexity to the situation.

The trend of dismissing inspectors general, as seen with Trump's termination of 18 such positions, raises alarms about the integrity of oversight itself. Hearn’s team noted the urgent need for a thorough inquiry to ensure accountability and uphold civil rights in this case.

As this story unravels, it not only stirs up important debates regarding Hearn’s treatment but also throws light on broader issues within the Department of Justice and its handling of allegations against its own personnel.