Judge Ana Reyes probes Justice Department candor in golf case
By Adele Rutherford · Reporting from Atlanta ·
After lawyers gave late notice on tree removal at East Potomac Park, Judge Ana Reyes opened a misconduct probe to ensure the executive branch maintains its duty of candor.
The Justice Department has failed its duty of candor. The issue is not whether a golf course should be renovated. The issue is whether the lawyers for the United States lied to a federal judge. When the government treats a courtroom as a place for strategic omissions, it burns the legitimacy it needs to govern.
The holiday weekend ambush
The dispute began when the DC Preservation League and golfers sued over plans for the East Potomac Golf Course. The course is 106 years old. President Donald Trump called the site "Trash Island" on social media. He stated the course would close in November for several months. The National Park Service began cutting down hundreds of trees this month. Judge Ana Reyes was notified of the removal 15 hours before work began on a holiday weekend.
The BBC reports that government lawyers had previously told the court there were no plans to shutter the course. This week, those same lawyers confirmed that the course would indeed be closed. Judge Reyes responded by barring the administration from making further alterations without 10 days' notice. She also ordered an inquiry into whether Justice Department attorneys "made misrepresentations to the court and otherwise violated ethical rules."
The Washington Post reports that the judge has repeatedly questioned the government's candor. Judge Reyes issued a 70-page ruling to explain her decision. The judge must ensure her inquiry rests on the record rather than her harsh tone toward the Associate Attorney General. The inquiry focuses on the duty of candor. In law, candor is the obligation of an officer of the court to be honest and not mislead the tribunal.
The dictionary and the record
The record shows a troubling exchange between the bench and the bar. Stanley Woodward asked Judge Reyes what she meant by "involved" when she questioned the Secretary of the Interior's role. Judge Reyes responded by reading the dictionary definition of the word to him. The court is now investigating if the late notice to the court was "done in bad faith." It is asking if attorneys withheld information or failed to correct false statements.
This is a matter of process, not politics. The mechanism here is the same as in United States v. Nixon (1974). In that case, the Supreme Court ordered President Richard Nixon to deliver tapes to ensure judicial integrity. Both cases establish that the court's authority to compel transparency is the only check against executive deception.
The danger of the shortcut
The government may argue that the President's social media posts are not formal policy. They might claim the lawyers were simply waiting for final agency decisions before updating the court. That argument fails. A lawyer cannot tell a judge "no" while the client tells the world "yes." If the government can hide the truth about a golf course, it can hide the truth about anything.
The stakes extend beyond the grass. ABC News reports that Representative Jared Huffman is seeking legislative guardrails to prevent the transfer of this parkland. The administration is fighting a preliminary injunction requiring 10 days' notice before any "irreparable modification" to the course. A preliminary injunction is a court order that stops an action until the court makes a final decision.
The government is attempting to use a shortcut to achieve a result. But a rule that only works while your people hold power was never a rule. Judge Reyes has appointed a special master to lead the inquiry. A special master is an independent third party appointed by a judge to carry out investigations or provide legal work.
The special master will likely find that the Justice Department knowingly misled the court. The record shows a pattern of evasion. Stanley Woodward's behavior mirrors the historical tendency of executive counsel to test a judge's patience. The court must punish this. If the government wins by lying, the rule of law becomes a suggestion.