David Hearn lawyers say DOJ watchdog won’t probe failed prosecution — but Interior IG is considering

The watchdog for the Department of Justice is declining to investigate the prosecution of former Olympian David Hearn, whom the DOJ wrongly accused of vandalizing the Lincoln Memorial Reflecting Pool, according to his lawyers.

Hearn’s legal team had asked inspectors general for both the Justice Department and the Department of the Interior to probe what it called an abuse of government, but the DOJ’s watchdog informed the team on Oct. 8 that it would not open an investigation, saying the inspector general lacked authority to do so. That letter reportedly arrived two days after Hearn’s lawyers first asked for the independent probe.

In a letter obtained by MS NOW, lawyers representing Hearn responded to that rejection on Wednesday, writing that the Justice Department’s Office of the Inspector General was incorrect and did have “jurisdiction to conduct both administrative and criminal investigations.”

“The DOJ OIG has plenary statutory jurisdiction to investigate potential crimes committed by DOJ personnel,” the letter says. “The allegations in our October 6 Letter point to facts that warrant an investigation into numerous potential crimes, including witness tampering, subornation of perjury, obstruction of justice, and criminal civil rights violations.”

Hearn’s lawyers also warned of potential consequences if there were no independent investigation.

“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,” the letter said. “Such a result would be inconsistent with the purposes for which Congress established the OIG and would be a betrayal of its mission.”

The Department of Justice and its inspector general did not immediately respond to MS NOW’s request for comment.

The Office of the Inspector General for the Department of the Interior told MS NOW on Tuesday that it does not confirm or deny ongoing investigations. But in a letter obtained by MS NOW, the watchdog office told Hearn’s lawyers it was considering their request.

Earlier this month, lawyers representing Hearn sent a letter to the inspector general for the Department of Justice, saying the former Olympian had suffered a “nightmare” when he was arrested and U.S. Attorney Jeanine Pirro’s office subsequently charged him with vandalizing the reflecting pool’s liner.

Hearn’s lawyers allege that the government had “simply ignored” exculpatory evidence for weeks. They asked the watchdog to investigate why prosecutors “rushed to indict” Hearn under what they said was political pressure from President Donald Trump.

“From June 19 to the present, gross incompetence, negligence, and misconduct have been committed by personnel in both agencies,” the lawyers’ letter said. “A critical purpose of the requested investigations is to collect the facts … to hold accountable the individuals and groups who failed Mr. Hearn, the criminal justice system and the public.

In the same letter, lawyers for Hearn had also asked the inspector general for the Department of the Interior to investigate the decision to charge Hearn.

The letter accused the department of backing the accusations against Hearn when internal documents showed that the damage was caused by a “rushed and botched installation” by the contractor, as Pirro would later concede.

Lawyers for Hearn have asked the department’s inspector general to determine whether Interior Secretary Doug Burgum knew his public statements attributing the damage to vandalism were false or whether he was left in the dark by his staff. They also asked investigators to hold agency personnel accountable for these false claims.

At the time, John Bell, the director of external affairs for that department’s inspector general, told MS NOW, “As with all submissions to our office, we will review it carefully to determine the appropriate course of action.”

At a news conference on July 2, Pirro accused Hearn of “forcefully and violently” vandalizing the pool and said that prosecutors in her office had proof “beyond a reasonable doubt.”

Those accusations echoed Trump’s claims that the pool had been damaged by vandals. The president repeatedly made these unfounded claims amid a flurry of embarrassing media coverage about the botched renovation.

Hearn had been charged with one felony count of destruction of property in early July. He pleaded not guilty. But by the end of the month, Pirro moved to dismiss the criminal case, citing new evidence that the damage to the pool was caused by a rushed contractor installation rather than vandalism.

Pirro said the Department of the Interior “provided less than fulsome information at the outset of this case.” She alleges that the department withheld documents that revealed that the destruction was completely because of contractor error and that she did not receive those documents until weeks after her office indicted Hearn.

“Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment,” Pirro wrote in a court filing.

Pirro’s decision to drop the case drew the president’s ire.

“I disagree 100% with Jeanine Pirro, the U.S. Attorney for the District of Columbia, on the Reflecting Pool. I don’t know what she was thinking?” Trump posted on Truth Social. “To me, it was a pure case of VANDALISM, that included the grass, which had a big 86 47 emblazoned in giant letters on it, and other elements of the surrounding area. There may have been some contractor difficulty, but the major damage was caused by VANDALS!”

Burgum also doubled down on these accusations in a post on X after Pirro moved to drop the case.

“The evidence is clear, vandals have repeatedly caused damage to the Reflecting Pool,” his post read. “Some of these acts were even caught on camera.”

D.C. Superior Court Judge Todd Edelman ultimately dismissed the case with prejudice, meaning the government cannot revive the charges.

Hearn could have faced up to 10 years in prison if he had been convicted.

The post David Hearn lawyers say DOJ watchdog won’t probe failed prosecution — but Interior IG is considering appeared first on MS NOW.

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