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DOJ watchdog declines investigation in Reflecting Pool case

DOJ watchdog declines investigation in Reflecting Pool case

Summary

The Justice Department’s Inspector General has decided not to investigate claims that prosecutors wrongly accused Olympian David Hearn of vandalizing the Reflecting Pool. The case has been referred to the Office of Professional Responsibility, which handles lawyer misconduct but is seen as less independent and has been weakened since the Trump administration.

Key Facts

  • David Hearn was indicted for vandalizing the Reflecting Pool but the case was later dropped after new evidence showed a contractor caused the damage.
  • The Justice Department Inspector General, Don Berthiaume, declined to investigate allegations of misconduct by the prosecutors.
  • The case was referred to the Office of Professional Responsibility (OPR), which investigates certain attorney misconduct.
  • The OPR head is appointed by the Attorney General and the office has lost about 50% of its staff since the start of the Trump administration.
  • Hearn’s lawyers say the OPR is no longer fully capable of conducting strong oversight.
  • The lawyers alleged possible crimes including witness tampering, perjury, obstruction of justice, and civil rights violations related to the case.
  • A witness changed their testimony during the grand jury hearing, which affected the basis for the felony charge.
  • There have been past concerns about limits on the Inspector General’s power to investigate attorney misconduct in the Justice Department.
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