Reyes orders formal probe into DOJ conduct in East Potomac golf dispute

Local residents and park visitors in Washington, D.C., face a potential closure of East Potomac Park beginning as early as November 15. The shutdown would remove access to the municipal golf course and much of the three-mile perimeter loop used by runners and cyclists. District Judge Ana Reyes ordered a formal inquiry on Friday to determine if Justice Department officials misstated the timeline and scope of these changes in previous filings.

The legal conflict began in February when local preservation advocates and golfers filed suit against the administration. For months, government attorneys representing the Interior Department and National Park Service told the court that no final plan existed for converting the course into a championship venue. On Wednesday, however, lawyers acknowledged in a filing that a design by Tom Fazio is being reviewed. They confirmed the park south of Buckeye Drive will close to align with the president's directive.

During a four-hour hearing, Reyes questioned Associate Attorney General Stanley Woodward Jr. about the timing of these disclosures. Reyes noted that the government submitted renovation plans to the National Capital Planning Commission on Friday. She asked how officials could claim no plan existed while work was ongoing. Woodward stated that the submission had been in development for weeks, a fact he admitted was not mentioned in prior hearings, including one that lasted seven hours.

Reyes cited D.C. Bar Rule of Professional Conduct 3.3, which prohibits lawyers from making false statements to the court. She stated she would open an inquiry to see if agency employees violated ethical rules. The judge said she would appoint a special master with full investigatory powers to lead the process, or she would conduct the inquiry herself if the government rejects that candidate. Reyes emphasized that opening the investigation does not constitute a final finding of misconduct.

The administration argues the closure is necessary to repair a crumbling seawall that poses a safety hazard. Jessica Bowron, the acting director of the National Park Service, declared 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 specify the cost of the golf course renovations.

Rep. Jared Huffman sent a letter to appropriations leaders on Thursday asking them to block funding for the seawall project. He proposed language to prevent federal money from being used to redesign the course or remove healthy trees. Reyes extended her ban on tree removal on Monday and required the government to provide 10 days written notice before any irreversible modifications. The administration has appealed that order.

Reyes said she was no longer taking the administration at its word. She quoted the concept of trust but verify, noting the court had trusted but not verified for months. The hearing concluded with the judge ordering the preservation of all relevant documents to ensure the inquiry can proceed without loss of evidence.