The Justice Department’s inspector general has declined to investigate allegations of misconduct in the prosecution of David Hearn, a former Olympic athlete charged with damaging the Lincoln Memorial Reflecting Pool. In a letter dated Oct. 21, Hearn’s attorneys revealed that Inspector General Don Berthiaume determined the allegations fell outside his jurisdiction and referred the matter to the DOJ’s Office of Professional Responsibility (OPR).
Hearn’s legal team has contested this decision, arguing in a follow-up letter that the OPR is no longer equipped to conduct a rigorous investigation. The attorneys stated that the OPR has been reduced by roughly 50% since the start of the Trump administration, raising concerns about its capacity to oversee potential misconduct. On Oct. 6, Hearn’s lawyers had requested investigations from both the DOJ inspector general and the Interior Department’s inspector general, seeking scrutiny of his arrest, indictment, and the dismissal of the felony charge.
The Office of Professional Responsibility was established after the Watergate scandal to investigate attorney misconduct. Unlike the inspector general, the OPR’s leadership is appointed by the Attorney General, which critics argue makes it less independent. The OPR’s reduced staffing levels have drawn scrutiny, particularly after Justice Department leadership removed its career head last year, a move that raised questions about its willingness to hold politically appointed officials accountable.
Hearn was indicted in a July 2 press conference led by U.S. Attorney Jeanine Pirro, who publicly accused him of vandalizing the Reflecting Pool. The felony charge was later dismissed, though the circumstances surrounding the case remain under dispute. Hearn’s legal team has called for an independent review, asserting that the current oversight structure cannot adequately address their concerns. The DOJ has not publicly commented on the inspector general’s decision or the allegations of misconduct.