She said the damage to the reflecting pool was caused by a failed renovation, not vandalism. Justice Department officials are now looking into whether a different kind of case, likely built around misdemeanor charges, is possible. The judge will decide whether the dismissal should be “with prejudice,” which would stop the Justice Department from charging Hearn again for the same alleged actions. He also shared a photo labeled “Vandalism” that he said showed graffiti and damage to the reflecting pool. A Justice Department spokeswoman said, “The Department of Justice follows the evidence when determining if crimes have been committed.