Justice Department Moves to Remove Judge in East Potomac Golf Course Case

WASHINGTON. The Justice Department has asked that the federal judge overseeing the legal fight over President Donald Trump's planned overhaul of East Potomac Golf Course be removed from the case, accusing her of bias against the administration.

Associate Attorney General Stanley E. Woodward filed the motion at 8:33 p.m. ET on Friday. The 14-page filing asks that US District Judge Ana Reyes be disqualified and the case transferred to another judge. It also asks the court to release the audio of a tense hearing on Monday, October 12, so the public can hear her remarks.

"Judge Reyes's conduct rises to the level of deep-seated and unequivocal antipathy toward the Trump Administration," the filing said. "The Trump Administration is entitled to a neutral forum and an adjudicator who is capable of maintaining the appearance of impartiality. Judge Reyes has demonstrated she cannot do that." Woodward called her behavior in the case "nothing short of egregious." He pointed to comments she made in other cases involving the administration as a pattern of animus, among them her handling of the ban on transgender service members, where the filing says she accused the administration of "literally erasing transgender people" before she blocked the ban.

Trees cut over a weekend

The fight centers on trees. Trump wants to turn the public course in East Potomac Park into a championship caliber course. The plan is one of several construction projects he has started in the capital since returning to the White House. The DC Preservation League and two local residents sued to stop the work.

On Friday, October 9, at 4:55 p.m., just before a holiday weekend, the government posted a plan to remove up to 529 trees to restore the course's historic links style character. Crews began cutting at about 8 a.m. on Saturday. The National Park Service removed about 430 healthy, non-invasive trees over the weekend, even though Reyes had warned the government to give the court notice before any major work at the course.

At Monday's hearing, Reyes said she was furious. She said "the government can't be trusted" and told officials, "You did your absolute worst." On Tuesday, October 13, the court approved a 14-day temporary restraining order that keeps federal officials from felling more trees at the course. The government argues the cutting was authorized tree maintenance in East Potomac Park. Federal officials have said nearly 730 trees will need to be cleared under the full renovation plan, describing the work as routine maintenance meant to eliminate potential hazards.

A hearing on Monday

Woodward also objected to Reyes requiring high-level officials to attend the next hearing, writing that it shows a cavalier disregard for the officials' time and for separation of powers principles. A hearing in the case is scheduled for Monday, October 19, at 10 a.m. ET. The plaintiffs opposed the request to disqualify Reyes in a separate filing, and left the release of Monday's hearing audio to the court's discretion.

Reyes was appointed to the bench by former President Joe Biden. She has not responded publicly to the motion. The request now sits with the court, days before officials are due back in front of her.