DOJ, DOI Must Be Investigated for ‘Shocking and Indefensible Treatment’ of Davey Hearn
October 6, 2026
In a comprehensive letter to the DOJ and DOI Offices of Inspector General, Davey Hearn’s lawyers request concurrent investigations into the government’s incompetence, suppression of exculpatory evidence, and widespread misconduct in their prosecution of Mr. Hearn.
WASHINGTON, D.C. — Today, Davey Hearn’s lawyers submitted a letter to the Department of Justice and Department of the Interior formally requesting coordinated, independent inspector general investigations. The request calls for a full investigation into the wrongful arrest, five-hour detention, felony indictment and prosecution of Davey Hearn following the Trump administration’s botched $14 million renovation of the Lincoln Memorial Reflecting Pool. In the detailed 21-page letter prepared by counsel at Steptoe LLP, the Washington Litigation Group, and Democracy Defenders Fund, the gross government incompetence, suppression of material exculpatory evidence, and widespread misconduct by officials across both agencies are documented thoroughly, underscoring the need for prompt internal scrutiny.
The letter calls for investigation into:
- Hearn’s June 19, 2026, arrest, five-hour detention without Miranda rights or phone access, and the subsequent felony indictment
- How government officials pushed forward with an indictment despite possessing evidence (such as the National Park Service’s June 30 Damage Assessment) showing that pool damage resulted from botched installation rather than vandalism
- The government’s failure to preserve critical physical evidence, including draining the Reflecting Pool and cutting away the liner after receiving a written preservation demand
The request follows the Oct. 1, 2026, order by D.C. Superior Court Judge Todd Edelman that dismissed charges against Davey Hearn with prejudice, a rare decision that permanently bars the government from reviving the case under any circumstances. In denying the government’s ability to recharge Hearn, Judge Edelman observed that “the government shot first and asked questions later.”
Representing Davey Hearn, Michael Bromwich and Steve Levin of Steptoe LLP, Amb. Norm Eisen (ret.) of Democracy Defenders Fund, and Mary Dohrmann of Washington Litigation Group, released the following statement:
“The Department of Justice and the Department of the Interior subjected an innocent man to a nightmare of wrongful arrest, felony indictment, and public defamation to cover up their own botched, rushed renovation of the Reflecting Pool. This administration threw the entire weight of the federal government into prosecuting Davey Hearn, and their actions surrounding his arrest and indictment demand full accountability. We are calling on the DOJ and DOI Offices of Inspector General to launch immediate investigations into the incompetence and misconduct that characterized this case from beginning to end.”
The full letter is available here.
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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
Washington Litigation Group is a nonpartisan team of attorneys dedicated to defending individuals and institutions that have been unlawfully targeted for exercising their legal rights and to fighting against governmental overreach.
Steptoe LLP is a leading international law firm known for regulatory defense, complex litigation, and high-stakes white-collar matters.
For media inquiries, contact press@democracydefenders.org.
