The Justice Department's Office of the Inspector General declined to investigate the prosecution of former Olympian David Hearn on October 8, saying it lacked authority to do so, according to his lawyers. Hearn was wrongly accused of vandalizing the Lincoln Memorial Reflecting Pool.
Hearn's legal team responded on Wednesday, arguing the inspector general was incorrect and did have "jurisdiction to conduct both administrative and criminal investigations." The lawyers asked both the DOJ and Interior Department watchdogs to probe what they called an abuse of government.
What prosecutors allegedly ignored
Hearn's lawyers allege that prosecutors under U.S. Attorney Jeanine Pirro "simply ignored" exculpatory evidence for weeks. They asked the DOJ inspector general to investigate why prosecutors "rushed to indict" Hearn under what they said was political pressure from President Donald Trump.
At a news conference on July 2, Pirro accused Hearn of "forcefully and violently" vandalizing the pool and said prosecutors had proof "beyond a reasonable doubt." Those accusations echoed Trump's repeated unfounded claims that the pool had been damaged by vandals, made amid embarrassing media coverage about the botched renovation.
Hearn was charged with one felony count of destruction of property in early July. Internal documents later showed the damage was caused by a "rushed and botched installation" by the contractor, as Pirro would later concede.
What crimes the lawyers say prosecutors committed
In a letter obtained by MS NOW, Hearn's lawyers wrote that the DOJ Office of the Inspector General has "plenary statutory jurisdiction to investigate potential crimes committed by DOJ personnel." They alleged facts warranting investigation into "numerous potential crimes, including witness tampering, subornation of perjury, obstruction of justice, and criminal civil rights violations."
The lawyers warned that declining to investigate could damage public trust in the Justice Department. "Given the substantial public attention devoted to this matter, and the significant questions raised concerning the conduct of federal officials, declining independent review would risk undermining public confidence in the Department's ability to police its own conduct," the letter said, according to MS NOW.
They also wrote that "from June 19 to the present, gross incompetence, negligence, and misconduct have been committed by personnel in both agencies," referring to the Justice Department and the Department of the Interior.
Interior Department watchdog considering probe
The Department of Interior's Office of the Inspector General told Hearn's lawyers it was considering their request for an investigation, according to MS NOW. The watchdog office does not confirm or deny ongoing investigations.
Hearn's lawyers asked the Interior inspector general to determine whether Interior Secretary Doug Burgum knew his public statements attributing the damage to vandalism were false or whether he was misled by staff. They also asked investigators to hold agency personnel accountable for these false claims.
The Justice Department and its inspector general did not immediately respond to MS NOW's request for comment. Hearn's lawyers had first asked for the independent probe on October 6, receiving the DOJ inspector general's rejection two days later.