DOJ Inspector General Refuses to Probe Hearn Case After Trump’s False Vandalism Claims

Key points

• Hearn’s attorneys sent a letter to Inspector General Don R. Berthiaume asking him to reconsider his decision not to open an investigation into the case.
• The legal team alleges that Justice Department personnel committed criminal violations by charging Hearn despite evidence that his actions caused no monetary loss or harm.
• A government witness initially testified that repairs were needed regardless of Hearn’s actions but later changed their testimony after a break to claim damage exceeded $1,000, the threshold for a felony charge.
• The Justice Department dismissed the case in July after admitting the damage resulted from a botched renovation by contractor Atlantic Industrial Coatings, but Trump continued to blame vandals.
• Hearn’s lawyers argue that the Office of Professional Responsibility, which has jurisdiction over lawyer misconduct, is too understaffed to conduct a rigorous investigation, making the Inspector General’s refusal a final barrier to accountability.

Background

This development follows a series of reports confirming that the Reflecting Pool’s liner failed in at least 85 places due to installation errors and chemical incompatibility, contradicting President Trump’s claims of vandalism. Hearn was briefly detained and indicted in June 2026, but a federal judge permanently dismissed the charges after prosecutors admitted the damage was caused by the government’s own renovation work. The current refusal to investigate comes after Trump fired 18 inspectors general upon returning to office, including the Interior Department’s watchdog, which is currently investigating its own personnel’s role in the incident.

Why it matters

The refusal to investigate highlights concerns about the erosion of internal oversight mechanisms within the Justice Department. By declining to probe potential criminal misconduct by prosecutors, the Inspector General’s office may be allowing significant ethical violations to go unaddressed. This case underscores the tension between political narratives and factual evidence, as well as the impact of administrative cuts on the ability of government watchdogs to hold officials accountable for misconduct.

What to watch

Hearn’s legal team may pursue other avenues for accountability, potentially through civil litigation or further public pressure, given that the Office of Professional Responsibility is deemed incapable of conducting a rigorous investigation. The Interior Department’s inspector general is currently investigating allegations related to its personnel’s involvement in the case, which may provide some level of oversight despite the Justice Department’s refusal to act.