The Trump administration’s attempt to prosecute alleged “vandalism” at the Lincoln Memorial Reflecting Pool hit a snag Thursday.

U.S. Attorney for the District of Columbia Jeanine Pirro attempted to bar former U.S. Olympic canoeist David Hearn from the pool after he pleaded not guilty to damaging it, only to be rebuffed by D.C. Superior Court Judge Carmen McLean.

“The government’s evidence is weak,” one of Hearn’s attorneys, Mary Dohrmann, argued in court.

Another of Hearn’s attorneys, Norm Eisen, said, “Every American should be alarmed about this prosecution. It is not a crime to touch the Reflecting Pool.”

Trump now insists that the pool is fine, even as he is draining it once again.