Judge Temporarily Blocks Closure of East Potomac Park as Trump Golf Project Faces Court Scrutiny

From removing the trees to removing the people.
Judge Reyes wrote that Interior's actions at East Potomac Park had escalated, as she blocked Sunday's planned closure.
Mark

What actually changed on Saturday? The park was supposed to close Sunday.

Mimi

A judge stopped that. Judge Reyes ordered the golf courses, paths and picnic areas to stay open and accessible for two weeks. The government doesn't have to run the course, though.

Luke

Worth saying that's temporary. It's a short-term order, not a ruling on whether the golf project can go ahead.

Mark

Why did she say the closure was pretextual?

Mimi

The government cited safety and neglect, but she found most of its reasons weren't credible and tied the closure to starting work on a Fazio-designed course. Her line was that Interior moved from removing trees to removing people.

Luke

That's her finding at this stage of the case, not a proven fact about anyone's motives. The government says the plans aren't final and that environmental reviews come first.

Mark

And the Fazio contract?

Mimi

Mr. Trump keeps naming Fazio as the designer. Stanley Woodward Jr. told the judge he'd be shocked to learn there was any contract.

Luke

That's a statement of belief, not a denial that one exists. The reporting doesn't tell us whether a contract exists.

Mark

What about the document destruction?

Mimi

The judge said she'd seen whistle-blower reports of agencies destroying documents after the midterms, and warned of contempt if her preservation orders were defied.

Luke

Those are reports she mentioned, unverified here. She didn't say destruction happened, and the special master's inquiry is still open.

  • A federal judge halted a closure planned for Sunday, two days before the park was due to shut its golf course, picnic areas and paths.
  • The judge called the government's reasons for closing the park 'transparently pretextual,' saying the real aim was to begin work on a new Fazio-designed course.
  • Accusations that officials withheld information from the court, and that some agencies may have destroyed documents, have turned a land dispute into a credibility fight.
  • A special master is now investigating withheld details, and contempt proceedings are possible if document destruction is confirmed.
  • The order lasts only two weeks, leaving the future of the course, its environmental reviews and the Fazio design unresolved.

On the eve of a planned closure, a federal judge in Washington stepped in to keep East Potomac Park open, seeing in the administration's stated reasons a thinner cover for a deeper purpose: clearing ground for a golf course the president has championed. It is one more chapter in a familiar American struggle, in which public land, long shared by ordinary citizens, is asked to yield to private ambition and the prestige of those in power. The court has granted only a brief reprieve, and the larger question of whose park this is, and who must answer for how it is changed, remains open.

On Saturday, the day before East Potomac Park was to close, Judge Ana C. Reyes of the federal court in Washington ordered it to stay open. She found that the closure President Trump had announced looked designed to start turning the park into a championship golf course, and she said most of the government's explanations for it seemed transparently pretextual.

The order keeps the golf course, paths and picnic areas open and accessible to the public for two weeks. The administration will not have to run the course while the case goes on, and it may close areas it considers hazardous if it tells the court within 24 hours. The judge wrote that the Interior Department had moved from removing trees to removing people.

The case has been building for months. A preservationist group and local golfers sued in February, arguing that the project would destroy a historic course that serves recreational players who cannot afford much else. The judge has repeatedly accused officials of hiding their efforts to advance the president's ideas, and she has appointed a special master to examine whether details were improperly withheld. She has also said that if documents were destroyed despite her preservation orders, she would begin contempt proceedings quickly.

Government lawyers insist that renovation is not imminent and that the closure is needed for safety. The current operator, the National Links Trust, is giving up management, and the president has said the new course will be designed by Tom Fazio. For now, the golfers, paths and picnic tables remain, and the judge's two-week order is the only thing standing between the park and the bulldozers.

On Saturday, a day before East Potomac Park was due to close, a federal judge in Washington ordered it to stay open. Judge Ana C. Reyes of the U.S. District Court for the District of Columbia found that the closure President Trump had announced appeared designed to start the process of turning the park into a championship golf course.

The park's municipal golf course, picnic areas and paths were to shut on Sunday ahead of the renovation Mr. Trump has called for. Judge Reyes's 30-page order says the administration will not have to operate the course while the case continues. But it requires the golf courses, paths and picnic areas to remain "open and accessible to the public." The order holds for two weeks. She left the administration one opening: it may close parts of the park it considers hazardous, provided it notifies the court within 24 hours.

She was unpersuaded by most of the government's stated reasons for closing the whole park, which she called "transparently pretextual." "The Department of the Interior has progressed from removing the trees to removing the people," she wrote. She concluded that "President Trump directed this closure for one reason: so that work could begin on a new Fazio Design to replace the current East Potomac Golf Course."

The ruling is the latest setback for Mr. Trump's renovation projects in the capital, which have repeatedly ended up in court. A preservationist organization and local golfers sued in February, arguing that the project threatens a historic course that remains a cheap, accessible option for recreational players. Judge Reyes had previously issued rulings on a narrower question, whether the administration could clear trees at the site. Saturday's order was her first to block work at the park more generally.

The case has grown contentious. Judge Reyes has repeatedly accused administration officials of concealing their efforts to advance Mr. Trump's ideas. Last week she appointed a former U.S. attorney as special master to investigate whether officials at the Justice and Interior Departments inappropriately withheld details from the court in October. At the start of a five-hour hearing on Friday, she said she had seen reports of whistle-blowers claiming some federal agencies destroyed documents after the midterm elections. If she learned the Interior Department had destroyed documents despite her orders to preserve them, she said, she would begin contempt proceedings in a "zeptosecond."

The plan Mr. Trump has promoted would wipe out the public course, a picnic area at Hains Point, and the running and cycling paths there. His lawyers have said for months that the plans are not set in stone and that court intervention is premature. Adam R.F. Gustafson, a government lawyer, said that despite the closure, renovation was not necessarily imminent, and that there would be no rush to build until Interior finished environmental reviews and other preparations. "When the president speaks, the agency listens," he said. "But the agency has to comply with law." He echoed arguments from the Kennedy Center litigation, saying years of neglect made the course so dangerous that closure was needed to "protect life and limb." People were still golfing there Friday, he acknowledged, but he said safety concerns would grow after the National Links Trust, the current operator, gave up management on Sunday. The Trust agreed to relinquish control after Mr. Trump made clear he planned to close the course.

Mr. Trump has said repeatedly that the new course will be designed by Tom Fazio, who has worked on courses owned by the Trump Organization, which suggests the plans are well beyond preliminary. Judge Reyes asked Stanley Woodward Jr., a top Justice Department official, about Mr. Fazio's role. He said he would be "shocked to learn there is any contract with Fazio." Mr. Gustafson argued that closure does not make the Fazio plan more likely, and accused the judge of "bootstrapping one decision to a future decision."

Judge Reyes was skeptical, noting that the government kept describing its activity as routine maintenance even as it seemed to track the timeline Mr. Trump had posted online. "I spent 22 years at a law firm," she said. "The most important thing I learned is that the most important thing a lawyer has is their credibility and their reputation." Earlier Saturday, Mr. Trump had called the course the "Worst Golf Course anywhere in the World," described it as dangerous, and said the project would enhance the "Dignity, Beauty, and Importance of Washington, D.C."

What to watch next: the special master's inquiry into withheld information, any contempt proceedings tied to document preservation, and whether the environmental reviews and the Fazio design move forward once the two-week order runs out.

President Trump directed this closure for one reason: so that work could begin on a new Fazio Design to replace the current East Potomac Golf Course.
— Judge Ana C. Reyes, in her written opinion
When the president speaks, the agency listens, but the agency has to comply with law.
— Adam R.F. Gustafson, government lawyer
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