A Washington, D.C. judge is weighing whether to permanently dismiss the case against David Hearn, a former Olympian accused of damaging the Lincoln Memorial Reflecting Pool. Federal prosecutors have sought to keep the case open, citing the possibility of future charges. During a recent hearing, Judge Todd Edelman questioned Assistant U.S. Attorney Michael Spence about how to interpret President Trump's remarks regarding Hearn and his attorney, U.S. Attorney Jeanine Pirro. Spence said Trump’s comments "speak for themselves," but added that it was too early to discuss future charges since no further grand jury action had taken place. Hearn’s legal team has asked the court to dismiss the case with prejudice, which would prevent prosecutors from bringing the same charges again. They argue the case was driven by political motives and lacks solid evidence. "Why are they reserving the right to reindict a case they acknowledge should never have been indicted?" Steve Levin, one of Hearn’s lawyers, asked the judge, claiming there was "no legitimate purpose" to continue the prosecution. The case began in early July when Hearn was charged with felony destruction of property, allegedly for damaging the Reflecting Pool by tearing up a piece of sealant. However, prosecutors later admitted that the damage was likely caused by a flawed and rushed installation by a no-bid contractor, not by Hearn. They blamed the Interior Department for not providing complete information before the case was presented to a grand jury and have since moved to dismiss the charges. Hearn’s attorneys have argued that Trump’s comments imply the administration could attempt to charge Hearn again without judicial approval. They also pointed out that a National Park Service engineer warned shortly after the installation that the "top layer of the liner has peeled." The Reflecting Pool, which cost over $14 million to renovate, was completed in early June. Soon after, pieces of the "American flag blue" sealant, chosen by Trump, began peeling and floating in the water. Trump initially blamed the damage on vandalism, claiming that opponents had intentionally cut a long slit in the pool’s lining. However, court documents show the damage was caused by contractors. Pirro’s office acknowledged that the Trump-selected sealant started peeling "almost immediately" after the renovation was completed, with contractors leaving "widespread damage." Pirro’s motion to dismiss the case was criticized by Trump, who accused her of "folding like an umbrella" and said she had "choked" on the decision. Hearn, meanwhile, said the case was about "defending democracy." Judge Edelman did not immediately rule, saying the parties should expect a decision soon.