DOJ inspector general refuses to probe prosecutors in David Hearn Reflecting Pool case

The Justice Department’s inspector general, Don Berthiaume, wrote on Oct. 21 that the accusations against the prosecutors who indicted Olympian David Hearn do not fall within his investigative authority, referring the matter to the Office of Professional Responsibility (OPR). Hearn’s attorneys contend that the OPR has been crippled by roughly a 50% staff reduction since the previous administration, rendering it ineffective for rigorous oversight.

The original indictment, presented by U.S. Attorney Jeanine Pirro in early July, accused Hearn of tearing a piece of the Reflecting Pool liner, but was later dismissed after it was revealed that a contractor’s botched installation caused the damage. Hearn’s legal team, which includes former DOJ Inspector General Michael Bromwich, claims the handling of the case suggests possible criminal conduct, citing witness-tampering, subornation of perjury, obstruction of justice, and civil-rights violations.

They point to a key witness who altered testimony about the pool’s condition and the damage’s cost during grand-jury proceedings. Prior DOJ inspector generals have faced limits on probing attorney misconduct, though the office has previously investigated high-profile lawyers such as former U.S. Attorney Rachael Rollins.