# Justice Department IG refuses Hearn pool case probe

> The inspector general declines to investigate prosecutors' handling of a botched case against Olympic canoeist David Hearn, leaving oversight to an office his lawyers say is gutted and unable to act.
- Title: Justice Department IG refuses Hearn pool case probe · NBC News
- Summary: The inspector general declines to investigate prosecutors' handling of a botched case against Olympic canoeist David Hearn, leaving oversight to an office…
- Keywords: david hearn, justice department, inspector general, lincoln memorial reflecting pool, prosecutors misconduct, witness testimony, office of professional responsibility, politics, news, Justice, Department, refuses
- Source: NBC News — https://nbcnews.com/politics/justice-department/justice-department-ig-refuses-investigate-botched-reflecting-pool-case-rcna604787
- Author: Ryan J. Reilly
- Published: 2026-10-21T16:43:12.774+00:00
- Read time: 2 min
- Topics: david hearn, justice department, inspector general, lincoln memorial reflecting pool, prosecutors misconduct, witness testimony, office of professional responsibility, politics, news
## Canoeist charged over pool damage
Former Olympic canoeist David Hearn was charged in July with causing felony damage to President Donald Trump's renovations of the Lincoln Memorial Reflecting Pool.
## Trump blamed vandals for damage
Trump blamed the pool damage on Hearn and other vandals. The U.S. Attorney for the District of Columbia Jeanine Pirro's office later moved to dismiss the case.
## Damage was contractor error
Pirro's office said the damage was the result of flawed installation by the contractor, Atlantic Industrial Coatings. A judge tossed the case and barred the government from retrying Hearn.
## Hearn's lawyers allege rushed prosecution
Hearn's attorneys contend he should never have been charged. They allege prosecutors rushed to bring the case despite already having evidence showing Hearn's actions caused no harm or monetary loss.
## Witness testimony allegedly changed
A government witness testified that repairs were needed regardless of Hearn's actions and could not quantify any incremental cost caused by him. After a twenty-one-minute break, the witness returned with different testimony.
## Witness now testified to damage
After previously being unable to testify that Hearn caused any monetary damage, the witness now testified the damage was definitely one thousand dollars or more, the threshold needed for a felony charge.

> definitely $1,000 or more
## IG refuses to investigate case
The Justice Department's inspector general Don R. Berthiaume refused to investigate what went wrong with the case, including whether prosecutors committed crimes. Hearn's legal team asked him to reconsider.
## IG defers to professional responsibility
The inspector general said the matter belongs with the Justice Department's Office of Professional Responsibility, which investigates certain categories of misconduct committed by DOJ lawyers.
## Professional responsibility gutted
Hearn's lawyers noted the Office of Professional Responsibility has no criminal jurisdiction and has been gutted by the Trump administration, with personnel cut in half. New investigations are at a twenty-year low.
## Trump fired inspectors general
Trump fired eighteen inspectors general upon his return to office last year, including that of the Interior Department. He said it was a very common thing to do.

> I did it because it's a very common thing to do
## Interior IG investigating separately
The Interior Department inspector general's office is investigating Hearn's allegations about their personnel. Hearn's lawyers say without the Justice Department IG's involvement, the investigation will simply not take place.
## Key takeaway

The Justice Department's inspector general refused to investigate the botched prosecution of Olympic canoeist David Hearn over damage to the Lincoln Memorial Reflecting Pool, citing the Office of Professional Responsibility instead.