Judge Opens Inquiry Into Whether DOJ Misled Court on East Potomac Golf Course
A federal judge in Washington said Friday she will investigate whether Justice Department and Interior Department lawyers misled her court about the Trump administration’s plans for the East Potomac golf course.
U.S. District Judge Ana Reyes said a special master would assist the inquiry, which will examine whether a notice about tree removal was filed in bad faith and how two officials’ sworn declarations were prepared.
Reyes wants to know whether lawyers told acting National Park Service Director Jessica Bowron to leave information out of her declaration and whether they told superintendent Kevin Griess what to include in his.
“For months the court has trusted but not verified,” Reyes said, according to Bloomberg Law. “No longer.” She opened the three-hour hearing by reading the D.C. Bar’s rules on candor to the court.
Reyes also ordered all relevant documents preserved and stressed that she has made no finding of wrongdoing. The Justice Department has five days to object to the appointment of a special master.
Shifting Statements
The dispute centers on changing accounts of the public course. On Oct. 19, Associate Attorney General Stanley Woodward told the court there was no plan to close it, Bloomberg Law reported.
On Wednesday, Woodward said the course would close Nov. 15. A rendering of a redesigned course by architect Tom Fazio has been submitted to the National Capital Planning Commission, according to CBS News.
More than 400 trees have been cut at the site, and the inquiry could lead to sanctions, contempt findings or criminal referrals, Axios reported. The department acknowledged Oct. 28 that President Trump directed the closure.
In an Oct. 18 Truth Social post, Trump said Interior and Fazio had “developed a plan to build a World Class Championship Golf Course on the site.” He repeated Monday that closing was on schedule.
The Justice Department pushed back hard. “The Department of Justice will not be deterred from executing on the President’s agenda,” it said in a statement reported by Axios.
Reyes, an appointee of President Biden, has clashed with the department before. It moved to disqualify her from the case, a request she rejected while denying any bias against the administration.
The underlying case was brought by a local preservation league and two local golfers challenging plans to overhaul East Potomac, a public course that has operated in Washington since the 1920s.
Earlier this week, Reyes issued longer-term relief barring the administration from cutting down more trees at the course while the case continues. Justice Department lawyers had notified the court only hours before crews began cutting.
The inquiry is unusual because it targets the conduct of government lawyers rather than the merits of the golf course plan, and it could stretch on well past the planned November closing date.
For now, the course remains on track to close Nov. 15 unless the court intervenes, and the department has until the middle of next week to respond to the special master proposal.
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