More: "The condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there," he told the network.

The Washington Post reports that Judge Edelman denied Hearn's attorneys' motion to have the case dismissed outright but asked prosecutors to account for the current status of work at the site. They could not, telling the court that they were unsure whether the evidence against Hearn had been preserved.

Edelman, who set a trial date for September 28, also asked why the Trump administration could not "maintain the status quo" for the rest of the week to avoid access to evidence becoming an "issue at this trial," according to News From the States.

The judge also urged the "government to not do anything further" on the pool before denying Hearn's motion to dismiss the case, the outlet reports. Edelman called the motion "entirely premature" but did not prohibit Hearn's attorneys from filing another motion to dismiss going forward.