Justice Department IG Declines to Probe Lincoln Memorial Case

The Justice Department's inspector general, Don R. Berthiaume, has decided not to pursue an investigation into the mishandled criminal case involving David Hearn, a former Olympic canoeist. Hearn faced charges related to damage at the Lincoln Memorial Reflecting Pool, allegedly caused by his actions. However, his legal team contends that the prosecutors acted improperly.

Background of the Case

In July, David Hearn was charged with felony damage connected to State renovations overseen by former President Donald Trump. Trump falsely accused Hearn and others of being “vandals” responsible for the damage at the Reflecting Pool. However, the U.S. Attorney's office for the District of Columbia later dismissed the charges, revealing that the damage stemmed from faulty installation work performed by the contractor, Atlantic Industrial Coatings.

Request for a New Investigation

In a letter addressed to Berthiaume, Hearn's lawyers urged him to reconsider his decision. They highlighted what they described as numerous potential violations by DOJ personnel, as well as misconduct involving employees of the Department of Interior. They emphasized that the attempt to charge Hearn mirrored an inappropriate rush in the Reflecting Pool renovations.

According to Hearn’s attorneys, evidence supported their argument that prosecutors hurried to proceed with charges, despite already having information confirming that Hearn's actions did not result in any harm or financial loss—a critical requirement for the felony charge they brought against him.

Witness Testimony Issues

The letter detailed troubling developments during the grand jury proceedings. A government witness initially stated that repairs to the Reflecting Pool were needed regardless of Hearn's conduct and could not confirm any damage caused by him. However, after a brief adjournment, this same witness returned to claim that the damage exceeded a threshold of $1,000 necessary for felony charges.

The legal team raised concerns that the prosecution might have influenced the witness's change in testimony, suggesting a possible effort to secure the evidence necessary for moving forward with the case against Hearn.

Concerns Over DOJ Procedures

Hearn's attorneys also highlighted the need for an investigation into any misconduct that may have violated Hearn's civil rights. They emphasized that it is widely accepted—barring a lone assertion by Trump—that Hearn should never have been arrested or indicted.

In response to their initial request earlier this month, the inspector general's office indicated it would not undertake a formal investigation, suggesting that the matter falls under the jurisdiction of the Department’s Office of Professional Responsibility (OPR). However, Hearn's attorneys pointed out that this office lacks criminal authority and has been significantly weakened, with a drastic reduction in staff under the Trump presidency. They expressed concern that without the inspector general's intervention, any potential investigation would not take place.

The Role of Inspectors General

Furthermore, Hearn's legal team indicated that the Interior Department’s inspector general is currently investigating allegations regarding misconduct by their personnel. The issue of independence among inspectors general has deeply affected the oversight of various departments, particularly following Trump’s termination of 18 inspectors general last year.

Historically considered independent oversight entities, inspectors general are expected to probe allegations of waste and abuse within their departments. Trump's justification for these firings—that they were common practice—was met with skepticism, as such actions are unusual and controversial.

The situation surrounding Hearn's case highlights significant concerns regarding procedural integrity within the DOJ and raises questions about accountability necessary to uphold justice.