East Potomac Dispute: Judge launches formal probe into DOJ conduct

District Judge Ana Reyes launched a formal inquiry on Friday to determine if Justice Department officials misled the court regarding the renovation of the East Potomac Park golf course. The investigation focuses on whether attorneys falsely stated that no final plan existed while the administration prepared to close the park.

Government lawyers confirmed on Wednesday that the National Park Service will submit a plan to the National Capital Planning Commission. The proposal, designed by Tom Fazio, calls for a championship-level golf course and the closure of the park south of Buckeye Drive by November 15. This admission came after the government told the court the previous week that it was unaware of a closure plan.

Associate Attorney General Stanley Woodward Jr. led the government’s defense during the four-hour hearing. Reyes questioned him on why officials did not mention the planning process during previous hearings. She noted that the government filed a notice of intent to close the park but had previously claimed no final plan was in place. Woodward stated that Trump’s social media posts function like executive orders, directing agencies to act without guaranteeing the outcome.

Reyes cited D.C. Bar Rule of Professional Conduct 3.3, which bans lawyers from making false statements to the court. She asked Woodward if he wanted to correct any prior filings. He replied, "Not to my knowledge," adding that he had not read every transcript in the case. The judge responded, "I bet you do."

The administration argues the closure is necessary to address a crumbling seawall that poses a safety hazard. Acting National Park Service Director Jessica Bowron stated that large sections of the sidewalk are underwater twice daily. Woodward estimated the seawall repairs would cost between $150 million and $400 million. He did not provide a cost estimate for the golf course renovations.

Reyes ordered the government to preserve all relevant documents for the inquiry. She may appoint a special master with full investigatory powers to lead the probe. If the government rejects that officer, Reyes will conduct the investigation herself. She emphasized that opening the inquiry does not mean the court has already found evidence of ethical violations.

The judge also extended her ban on tree removal and required the government to provide 10 days' written notice before closing or modifying the park. In a 70-page opinion, Reyes wrote that the case had become about more than golf. She noted that the Justice Department had urged the court not to believe the sitting president. Trump responded on social media, stating the judge has no right to hold up the project.