DOJ Watchdog Rejects Probe Into David Hearn Prosecution

The U.S. Department of Justice's internal watchdog has declined to investigate alleged misconduct in the prosecution of former Olympic canoeist David Hearn, prompting his lawyers to demand an independent review. In a letter dated October 21, 2026, the legal team challenged the decision, arguing that federal officials may have committed crimes while pursuing a felony case over damage to the Lincoln Memorial Reflecting Pool in Washington, D.C.

Inspector General Don R. Berthiaume's office determined that the allegations fell outside its investigative authority and referred the matter to the Justice Department's Office of Professional Responsibility, which examines certain forms of misconduct by department attorneys. Hearn's lawyers contend that the referral leaves serious allegations without an adequate independent investigation.

The criminal case was dismissed in July after prosecutors acknowledged information indicating that a contractor's installation work, rather than vandalism by Hearn, caused the damage. D.C. Superior Court Judge Todd Edelman dismissed the case with prejudice, preventing the government from bringing the same charges against Hearn again.

Hearn had faced one felony count of destruction of property and pleaded not guilty. A conviction could have carried a prison sentence of up to 10 years, according to the reports.

In their latest letter, Hearn's attorneys identified possible witness tampering, subornation of perjury, obstruction of justice and criminal civil rights violations. They argued that the allegations involve potential criminal conduct, not merely questionable legal judgment, and therefore warrant scrutiny by the inspector general.

The lawyers also disputed the decision to redirect the complaint to the Office of Professional Responsibility, arguing that the office lacks criminal investigative authority and has lost roughly half its personnel since the Trump administration began. They warned that the inspector general's refusal could mean the allegations receive no meaningful investigation.

The central dispute concerns a grand jury witness's testimony about the cost and cause of the pool damage. According to Hearn's legal team, the witness initially said repairs were necessary regardless of Hearn's actions, could not establish that Hearn damaged the pool's lining and could not calculate any additional repair costs attributable to him.

The lawyers said the witness's testimony changed after a 21-minute break that occurred off the record. On returning, the witness said the damage was definitely $1,000 or more, the monetary threshold required for the felony charge, according to the letter.

Hearn's attorneys asked investigators to determine whether prosecutors improperly influenced the change in testimony. The allegations have not been established as criminal misconduct, and the inspector general's office did not immediately respond to requests for comment reported by NBC News and MS NOW.

The prosecution began with a July 2 news conference at which Jeanine Pirro, the U.S. attorney for the District of Columbia, accused Hearn of damaging the pool liner. Her announcement echoed President Donald Trump's public claims that vandals were responsible for the damage.

By the end of July, Pirro's office moved to dismiss the case after receiving additional information about the renovation. Pirro said the Department of the Interior had not initially provided complete information and that documents showing contractor error had arrived weeks after prosecutors sought a grand jury indictment.

The contractor, Atlantic Industrial Coatings, was identified as responsible for the damage caused by flawed installation. The Justice Department's decision to abandon the case followed the emergence of evidence that undermined the original allegation against Hearn.

Trump criticized Pirro's decision to drop the prosecution, maintaining that vandalism had caused the damage. Interior Secretary Doug Burgum also publicly defended claims that vandals had repeatedly damaged the pool, while Hearn's lawyers questioned whether Interior officials had knowingly made inaccurate statements or had been misinformed by their staff.

The lawyers submitted their initial requests for investigations to the Justice Department and Interior Department inspectors general on October 6. The Interior Department's watchdog said it could not confirm or deny an ongoing investigation, while a letter to Hearn's attorneys indicated that the office was considering their request.

The Justice Department's Office of Professional Responsibility has exclusive jurisdiction over certain allegations involving department lawyers' conduct during litigation, investigations or legal advice. However, the inspector general has previously investigated misconduct involving Justice Department attorneys despite those jurisdictional boundaries.

One precedent cited in reporting involved former Massachusetts U.S. Attorney Rachael Rollins. In 2023, the Justice Department inspector general referred Rollins for possible prosecution after finding that she had improperly used her position to interfere in a local district attorney election by leaking damaging information about a political rival. The department ultimately declined to bring criminal charges.