Olympic canoeist’s lawyers urge DOJ inspector general to reconsider Reflecting Pool case probe

Lawyers who represented Olympic canoeist David Hearn in a now-defunct criminal case alleging he vandalized the Lincoln Memorial Reflecting Pool are urging the Department of Justice’s (DOJ) internal watchdog to reconsider a probe into how the indictment and prosecution were handled.

A letter sent Wednesday from Hearn’s legal team to Inspector General Don Berthiaume said the federal watchdog had declined to open an inquiry into “serious allegations of misconduct” because it fell outside the scope of his office. Berthiaume deferred to the DOJ’s Office of Professional Responsibility as the agency responsible for reviewing such matters.

Hearn’s lawyers dismissed that justification as “completely insupportable,” arguing Berthiaume has the authority to investigate “potential crimes committed by DOJ personnel.”

“The reckless prosecution of Mr. Hearn was an utter failure by the government that set a dangerous precedent, and there is no excuse for OIG [Office of Inspector General] not to look into it,” Norm Eisen, one of Hearn’s lawyers and the co-founder of Democracy Defenders Fund, said in a statement to The Hill.

“The American people deserve answers and accountability to make sure this doesn’t happen to another innocent person,” Eisen added.

The DOJ did not immediately return a request for comment.

A District of Columbia Superior Court judge dismissed the felony indictment against Hearn with prejudice earlier this month, barring the DOJ from reviving similar charges against him in the future.

The judge found that Hearn, a three-time Olympic canoeist, faced a “unique possibility” that the government would try to prosecute him again due to pressure from President Trump.

Hearn was initially charged with felony destruction of property for allegedly ripping a piece of sealant from the Reflecting Pool, but U.S. Attorney Jeanine Pirro backed away from the prosecution in late July after concluding the damage was likely caused by a rushed and botched installation.

Trump, who has made construction and beautification projects across the Washington, D.C., region a key part of his second term, reacted furiously to the case being dropped, saying Pirro “folded like an umbrella.”

The Olympian’s lawyers have argued the charges should never have been brought at all, raising concerns that prosecutors overlooked crucial evidence in a rush to indict him.

They’ve also accused the government of obstructing justice when the case was presented to a grand jury, including eliciting witness testimony that was “false and misleading.”

The letter asks Berthiaume to look into those claims, as well as allegations that Pirro may have violated ethics rules during a July press conference where she stated there was significant evidence against Hearn.

“In short, the actions of the prosecutors and their key witness must be investigated promptly and thoroughly either alone or in coordination with the DOI [Department of Interior] OIG,” it read.

Hearn’s lawyers noted that misconduct allegations regarding Interior Department personnel are currently under review by the acting inspector general of that agency.