DOJ Watchdog Won’t Probe Reflecting Pool Case After Trump Claims
WHO:
NBC News - The Justice Department’s inspector general declined to investigate the botched criminal case against David Hearn, a former Olympic canoeist, including whether prosecutors committed crimes, according to Hearn’s legal team.
CBS News - DOJ Inspector General Don Berthiaume determined that allegations against prosecutors fell outside his office’s purview and referred the matter to the Justice Department’s Office of Professional Responsibility (OPR).
CBS News - Hearn’s lawyers include former DOJ Inspector General Michael Bromwich.
CBS News - Jeanine Pirro, U.S. Attorney for the District of Columbia, announced the indictment.
CBS News - The OPR investigates certain categories of attorney misconduct. Its head is appointed by the Attorney General; the inspector general is appointed by the president and confirmed by the Senate.
WHAT:
CBS News - Hearn’s attorneys said a key witness changed their grand-jury testimony after a 21-minute break, shifting from saying the damage cost could not be estimated to testifying it was “definitely” $1,000 or more.
Alternet - LiveView Technologies’ cameras at Memorial Circle cost nearly $350,000; the company also holds a roughly $3 million contract with the Department of Homeland Security and ICE.
Alternet - Trump called for security cameras to monitor construction sites around Washington and wrote on Truth Social, “We are watching very closely, and security cameras have been installed.”
Alternet - The cameras were installed in June, and a fence had blocked tourists from the Reflecting Pool until recently.
Alternet - An Interior Department spokesperson said cameras were installed because of “an increase in vandalism by leftist activists surrounding the Reflecting Pool earlier this year.”
Alternet - Rep. Jared Huffman said the camera spending was wasteful and vowed to scrutinize spending on Trump’s projects and outside contractors if Democrats retake the House; he said, “They will answer those questions when we hold the gavels, I promise you.”
Alternet - Mike Fox, a legal fellow at the Cato Institute’s Project on Criminal Justice, questioned whether the cameras were necessary, saying, “Are they really doing this because they actually need them, or are they doing this to try to score political points?”
NBC News - The case concerned damage to the Lincoln Memorial Reflecting Pool and a criminal charge against Hearn.
CBS News - Hearn’s indictment accused him of vandalizing the Reflecting Pool. Pirro later dismissed the felony destruction-of-property charge after saying new information showed the damage resulted from a contractor’s “botched installation,” not vandalism.
CBS News - Hearn’s attorneys said the watchdog’s declination means an investigation “will simply not take place.”
CBS News - The attorneys alleged potential witness tampering, subornation of perjury, obstruction of justice, and criminal civil-rights violations.
CBS News - Hearn’s lawyers said OPR had been depleted by roughly 50% since the start of the Trump administration and wrote: “The plain fact is that OPR is no longer a fully functioning entity capable of conducting rigorous oversight.”
CBS News - A witness initially said the pool needed repairs, could not estimate the damage cost, and did not know whether Hearn caused it. After a 21-minute break, the witness testified the damage was “definitely” $1,000 or more, the amount needed for a felony destruction-of-property indictment.
CBS News - DOJ leadership removed OPR’s career official in charge, raising concerns among longtime department veterans about accountability for Trump-appointed officials.
CBS News - The DOJ inspector general’s office investigated former U.S. Attorney Rachael Rollins in 2023 and referred her for possible prosecution over alleged election-related misconduct; the Justice Department declined criminal charges.
WHERE:
Alternet - LiveView Technologies’ cameras were installed at Memorial Circle, where Trump intends to build a 25-story mega-arch.
NBC News - The case involved the Lincoln Memorial Reflecting Pool.
CBS News - Pirro announced the indictment at a press conference in Washington, D.C.
WHEN:
CBS News - Hearn’s attorneys asked the DOJ and Interior Department inspectors general to investigate the arrest, indictment, and dismissal on October 6.
CBS News - Pirro announced the indictment at a press conference on July 2.
WHY:
CBS News - Hearn’s lawyers sought an investigation because they said the Justice and Interior departments’ handling of the case indicated possible criminal conduct.
HOW:
CBS News - Hearn’s attorneys argued that the allegations involved potential crimes, not merely prosecutorial poor judgment, and said such allegations fell within the inspector general’s traditional investigative function.
CBS News - The inspector general referred the allegations to OPR, which has exclusive jurisdiction over DOJ lawyers’ conduct in litigation, investigations, and legal advice; the inspector general handles alleged misconduct by federal agents conducting investigations.
(UPDATED October 22, 2026 02:14 UTC)
The Justice Department’s inspector general has declined to investigate the prosecution of former Olympic canoeist David Hearn, referring allegations against prosecutors to the department’s Office of Professional Responsibility. Hearn was indicted over damage to the Lincoln Memorial Reflecting Pool, but U.S. Attorney Jeanine Pirro later dismissed the felony charge, saying new information pointed to a contractor’s botched installation. His lawyers allege possible witness tampering, perjury and obstruction. They say a witness changed testimony after a 21-minute break, going from unable to estimate the damage to saying it was definitely at least $1,000. The lawyers say the referral means a criminal investigation will not take place and question whether the depleted oversight office can provide rigorous scrutiny. Separately, cameras installed at Memorial Circle cost nearly $350,000. The Interior Department says they were added after vandalism, while a congressman has called the spending wasteful and pledged scrutiny if Democrats regain the House.
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(UPDATED October 21, 2026 19:19 UTC)
The Justice Department’s inspector general declined to investigate allegations of misconduct in the case against David Hearn, a former Olympic canoeist accused of damaging the Lincoln Memorial Reflecting Pool. The inspector general referred the claims to the department’s Office of Professional Responsibility, which examines certain types of misconduct by government lawyers. Hearn’s attorneys allege prosecutors may have tampered with a witness, obstructed justice, and committed other crimes; they say the referral means no real investigation will happen. Prosecutors dismissed the felony charge after saying the damage came from a contractor’s botched installation. Hearn’s lawyers also question the reliability of testimony about whether the damage met the threshold for a felony. Separately, cameras installed at Memorial Circle cost nearly $350,000. The Interior Department says they respond to vandalism, while a congressman has called the spending wasteful and pledged scrutiny if Democrats regain control of the House.
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(UPDATED October 21, 2026 18:19 UTC)
The Justice Department’s inspector general has declined to investigate the botched criminal case against David Hearn, a former Olympic canoeist, referring allegations against prosecutors to the department’s Office of Professional Responsibility. Hearn was indicted over damage to the Lincoln Memorial Reflecting Pool, but U.S. Attorney Jeanine Pirro later dismissed the felony charge, saying new information showed a contractor’s botched installation caused the damage. Hearn’s lawyers say a witness’s account changed after a 21-minute break, to claim the damage met the dollar threshold for a felony. They asked federal watchdogs to investigate, alleging possible witness tampering, perjury, obstruction and civil-rights violations. The inspector general said prosecutor conduct falls outside his office’s authority, while OPR handles certain attorney misconduct. Hearn’s lawyers argue OPR has been depleted and cannot provide rigorous oversight. They say the referral means no investigation will take place.