DOJ Inspector General Declines Probe In Botched Reflecting Pool Case
On Wednesday, October 21, 2026, DOJ Inspector General Don Berthiaume declined to investigate alleged prosecutorial misconduct in the David Hearn Reflecting Pool case.[1]
Berthiaume instead referred the matter to the Justice Department's Office of Professional Responsibility, the unit appointed by the attorney general to review allegations against prosecutors.[1]
A July 2, 2026, indictment had accused Hearn of at least $1,000 in damage to the Reflecting Pool liner.[1] U.S. Attorney Jeanine Pirro later dismissed the case, saying a contractor's botched installation — not Hearn — was to blame.[1]
Hearn's lawyers say prosecutors may have committed crimes including witness tampering and obstruction, pointing to a grand jury witness who changed testimony after a 21-minute break.[1] They also argue the Office of Professional Responsibility has been weakened by about a 50% staffing reduction since the start of the Trump administration and is no longer fully functioning, they say.[1]
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📌 Key Facts
- On October 21, 2026, DOJ Inspector General Don Berthiaume sent a letter declining to investigate alleged misconduct by prosecutors in the David Hearn Reflecting Pool case
- Berthiaume referred the matter instead to the Justice Department's Office of Professional Responsibility, which is appointed by the attorney general
- Hearn's attorneys say OPR staffing has been reduced by about 50% since the start of the Trump administration and call it no longer fully functioning
- The disputed July 2, 2026 indictment accused Hearn of at least $1,000 in damage to the Reflecting Pool liner, a case U.S. Attorney Jeanine Pirro later dismissed after blaming a contractor's botched installation
- Hearn's lawyers allege possible crimes including witness tampering and obstruction, pointing to a grand jury witness who changed testimony about repair needs and damage costs after a 21-minute break
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