CNNBy Devan Cole, CNN(CNN) — A judge on Thursday officially tossed out a case the Justice Department brought against former Olympian David Hearn, whom they had accused of feloniously vandalizing the Reflecting Pool earlier this summer. Judge Todd Edelman stopped short of barring prosecutors in Washington, DC, from being able to revive the same case against Hearn in the future, as his attorneys had asked. The judge asked for more arguments over that request before he made a decision on it. The Department of Justice’s decision to seek an indictment was a miscarriage of justice,” lawyers for Hearn said in a statement on Thursday. Hearn’s lawyers similarly asked for the case to be dropped, but urged the court to go one step further.