Judge to Appoint Special Master to Investigate if Trump Officials Misled Court Over DC Golf Course
Judge Ana Reyes to Appoint Special Master in East Potomac Golf Course Dispute
A federal judge announced on Saturday that she intends to appoint a special master to investigate whether Department of Justice lawyers and administration officials purposely misled the court regarding the renovation of a historic public golf course in Washington, D.C., theguardian.com reported.
U.S. District Judge Ana Reyes named Jessie Liu, a former U.S. attorney for the District of Columbia, as her intended choice for the role. Liu would examine whether attorneys and officials from the interior department and the National Park Service violated ethics or misled the court during a civil case initiated in February by the DC Preservation League and two golfers.
The underlying lawsuit challenges the Republican administration’s construction project to close the East Potomac golf course and park on November 15. The administration plans to construct a championship-level golf facility along the Potomac River. Last month, Reyes issued an injunction temporarily barring the government from removing additional trees on the course. She also ordered the administration to give 10 days’ notice in writing before making any irreparable modifications.
Judge asks Justice Dept lawyer if they've "made any false statements of material fact that you'd like to correct" Justice Dept: "not to my knowledge" Judge: What does "not to my knowledge" mean???
Reyes is giving each side until Friday to be heard in writing regarding her plan to name Liu as special master. A court hearing in the dispute is scheduled for the same day. The judge launched a formal investigation into the government’s conduct during an October 30 hearing, after previously rejecting motions from plaintiffs to step in while she still trusted government attorneys.
Courtroom Confrontations Over Construction Plans and Costs
During a Friday court hearing, Reyes read aloud the professional conduct rule on candor to the tribunal, according to court reporters cited by Alternet. When asked whether he wanted to correct any material misrepresentations, Associate Attorney General Stanley Woodward, the Justice Department’s No. 3 official, answered that he knew of no such misrepresentations to his knowledge.
Justice Dept lawyer is employing a tactic we've seen quite a bit during Trump 2.0. (The "I'm new here" argument) Lawyer says he's new to the case and hasn't read everything about the case. "We have lots of binders"
An Interior Department official similarly responded when asked if Secretary Doug Burgum had been involved in the golf course plans, prompting the official to ask what “involved” meant. Reyes pulled out a dictionary to read the definition of the word. Woodward later intervened to halt questioning of the Interior official, leading Reyes to remark that it sounded like he did not want the official to answer a straightforward question.
The hearing also revealed financial details regarding the project. An attorney for the administration stated there was no cost estimate for the renovation, prompting Reyes to ask why taxpayer money would be used without knowing the cost. Department of Justice attorneys later let slip that a new seawall at the park would cost between $150 million and $400 million.
Administration lawyers also attempted to claim executive privilege over social media posts made by the president regarding the November 15 closure date. Reyes rejected the move, calling it an extraordinary view of executive privilege. Woodward had previously asked Reyes to recuse herself, arguing she harbored political bias against the administration. Reyes rejected that motion in a 70-page ruling, writing that it was easy to weaponize selective quotations.
Formal Inquiry Targets Illegal Tree Cutting
The formal inquiry is expected to launch in the coming days to determine who initiated tree-cutting in defiance of assurances provided by the Justice Department. David Super, a law professor at the Georgetown University law center, told theguardian.com that such an investigation can be a precursor to holding someone in contempt of court. Super added that the move reflects the difficulty the judge faced in determining responsibility and her lack of time to hold complex hearings.
Judge asks Dept of Interior official if Secretary of Interior Doug Burgum is involved in the East Potomac Park project Dept of Interior official: "What do you mean by 'involved?" Judge is literally getting a dictionary to read out the defintion of the word "involved"!!
Meanwhile, the president posted a message on social media Saturday declaring he was ordering the Justice Department to look into Democrats he accused of threatening administration officials with impeachment and threatening Republican donors. The president insisted the golf course project will move forward, telling reporters after a Mississippi rally that the site is a public course in Washington and that the administration will appeal the court’s decisions.
The legal teams face a Friday deadline to submit written arguments concerning the appointment of Liu as special master before the next scheduled court proceeding.
Dept of Interior official: Secretary of Interior is aware of the project, but not involved in everything Judge Reyes: Yeah. but he had time to tour the golf course Judge: "He doesn't have a body double, does he?"
More on Justice Department
Judge: "When did you become aware of a plan to close the golf course in November 15th? Dept of Interior official: "A plan?" Judge: Do I need to get the dictionary again. to read out the definition of "plan"?”
Judge: Trump social media post on Oct 18 said the golf course was closing Nov 15. The next day, DOJ "swore up and down" that there was no plan to close on Nov 15 Then days later, DOJ finally says there is a plan to close on Nov. 15
Whoa Assistant Atty General Stanley Woodward tries to intervene and halt the questioning of Dept of Interior official about East Potomac Park Judge pushes back… and says no Judge to Woodward: "It sounds like you don't want him to answer a very straightforward question"
An extended back-and-forth is unfolding over whether the President of the United States' social media posts are actually "plans" or "orders" Judge: When the President says the "course will close"… that doesn't mean the course will close???
Judge asks Stanley Woodward again about how Woodward interpreted the Trump social media post announcing golf course will close Nov 15. Woodward: That falls under executive privilege Judge: He posted it!!!!!
Woodward: What the President meant (in his social media post) is core "executive privilege" Judge sounds exasperated Woodward: We're not on TV.. I'm not a pundit opining on the President's words. It'd be improper of me to explain my interpretation of the President's…
Whoa! Justice Dept says cost of new seawall at East Potomac Park will cost between $150 million and $400 million Judge: Who appropriated money for that? Justice Dept says no one did.