Judge taps former Trump-era prosecutor to investigate whether administration misled court
WASHINGTON, DC: A federal judge has appointed former Trump-era prosecutor Jessie Liu to investigate whether administration lawyers and officials misled the court during a lawsuit over the East Potomac Golf Course renovation. The case involves the Interior Department, the National Park Service, and the Justice Department, with the renovation remaining among President Trump’s priorities for Washington.
Judge Ana Reyes is seeking answers about whether officials accurately represented the scope of the renovation and what happened at the site, particularly regarding the removal of hundreds of trees last month. The administration has set November 15 as the date to close the course and park for 15 months to transform it into a championship-level venue capable of hosting major tournaments.
Why Judge Ana Reyes appointed Jessie Liu as special master
Liu will serve as a special master, tasked with determining whether Interior and Park Service officials or Justice Department lawyers violated ethics rules or misled Judge Reyes. Reyes, who was appointed by President Joe Biden, gave both sides until Friday to submit written responses ahead of the next scheduled hearing.
The judge initiated a formal investigation into the government's conduct during an October 30 hearing.
Earlier, Reyes rejected several motions from the plaintiffs, the DC Preservation League and two golfers, saying she trusted the government's lawyers. The plaintiffs filed the lawsuit in February.
Last month, Reyes issued an injunction temporarily preventing the government from removing or damaging additional trees on the golf course. She also ordered that the government provide ten days' written notice before making any “irreparable modification” to the course's “forms or features.” The restrictions will remain in place while the case continues.
What happened during the East Potomac Golf Course renovation dispute
The October 30 hearing followed a series of posts Trump shared on Truth Social beginning October 18. He outlined his plans for the golf course and announced that the park would close for 15 months during construction.
However, when Reyes questioned administration officials about the plans during subsequent hearings, they could not confirm the details. The judge openly questioned whom she should believe.
The Justice Department stepped in on October 28, filing a notice confirming that the plans were real. So far, the administration has not publicly acknowledged any wrongdoing.
The dispute has placed the government's representations about the renovation under increased judicial scrutiny, particularly after the removal of trees prompted questions about whether officials had followed the court's instructions.
Special master investigation could lead to contempt of court
David Super, a law professor at Georgetown University Law Center, said a judge's decision to initiate a formal investigation into the conduct of participants in a trial “can be a precursor to holding someone in contempt of court.”
Super said it also was a reflection “of the difficulty she had in determining who initiated the tree-cutting in defiance of the assurances DOJ provided. She doesn’t have the time to keep holding long, complex hearings and so wants a special master to narrow the issues.”
Who is Jessie Liu, the former Trump-era prosecutor?
Liu served as Washington's top federal prosecutor during Trump's first term. She handled several cases referred to her office by then-special counsel Robert Mueller.
Trump later selected her for the position of associate attorney general, the Justice Department's third-highest post.
However, Liu withdrew her nomination after the Republican-led Senate Judiciary Committee raised objections, primarily over her previous membership in a legal group that supported abortion rights. Liu subsequently left the organization, explaining that it frequently took left-leaning positions.
She now runs her own law firm, Liu Shur Kravis LLP.
