DOJ watchdog declines to investigate handling of David Hearn’s Reflecting Pool case

David Hearn’s lawyers said in an October 21 letter that the Justice Department’s inspector general had declined to investigate allegations about his prosecution over damage to the Lincoln Memorial Reflecting Pool in Washington, D.C. Inspector General Don Berthiaume said the allegations fell outside his office’s authority and belonged with the department’s Office of Professional Responsibility, according to a letter seen by CBS News. Hearn’s lawyers asked him to reconsider, leaving their complaints about the handling of the case with the department’s internal professional conduct office.

Why Hearn’s lawyers oppose the referral

The lawyers had asked the inspectors general at both the Justice and Interior departments earlier in October to examine the investigation and prosecution. In their letter challenging Berthiaume’s decision, they argued that the Office of Professional Responsibility, or OPR, could not provide sufficiently independent oversight. OPR reports to the deputy attorney general and attorney general, they said, and has no obligation to make its work public or report findings to Congress.

CBS News reported that OPR has jurisdiction over certain allegations involving department attorneys’ work in litigation, investigations and legal advice. Allegations about federal agents’ conduct during investigations fall under the inspector general. Berthiaume’s decision concerns which office handles the lawyers’ complaints; it does not resolve whether misconduct occurred.

How the Reflecting Pool prosecution ended

Prosecutors charged Hearn with damaging the pool’s liner, but later moved to dismiss the case. U.S. Attorney Jeanine Pirro said new information showed the damage resulted from a contractor’s botched installation rather than vandalism, CBS News reported. A District of Columbia judge subsequently dismissed the prosecution permanently. NewsJaws previously covered the permanent dismissal of Hearn’s case.

Hearn’s lawyers allege that evidence clearing him had been in the Justice Department’s possession for weeks before the case was dropped. They have also raised allegations including witness tampering, obstruction of justice and false testimony. The U.S. attorney’s office did not respond to an Associated Press request for comment when the lawyers raised the allegations earlier in October. It was not immediately clear whether OPR would open an investigation.