Judge rebukes DOJ after lawyer accuses her of asking 'unserious questions'

After a brief break in court over the Washington D.C., golf course that President Donald Trump is trying to renovate, the Justice Department clashed with Judge Ana Reyes over the date for the shutdown. Last month, the date was chosen as Nov. 15 after Trump posted on Truth Social saying it had to be Nov. 15.

Principal Deputy Assistant Attorney General Adam R.F. Gustafson and Judge Reyes faced off about how the Nov. 15 date was chosen, as the former claimed that it was all a big coincidence that the date was chosen after Trump's edict.

The DOJ gave two reasons: first, the course must be closed because it's a danger to the public, and second, no one will be there to manage the course because the government terminated the contract.

The second issue irked the judge, who said that the management problem was caused by the administration. According to Lawfare's Molly Roberts, who was reporting on the hearing as it unfolded, Judge Reyes explained that they can't say, "I set my house on fire, and now because my house is on fire I get insurance proceeds." Gustafson tried to claim that it was more complicated than that but the judge wasn't buying it.

Gustafson was then faced with questions about the danger of the seawall, which was part of the court battle Friday. The DOJ claims that the island is so dangerous that children might get hurt. The claim came just after a marathon brought 30,000 people to the area. If it was so dangerous, the judge wondered why the marathon would have proceeded.

Gustafson compared it to roads across the U.S. If the country had more funds they'd do more work to make them safer. So the judge asked if there was a dangerous building that could collapse and kill someone, that building is condemned and closed. Yet, Gustafson waffled again.

"Let me just understand: I can walk into a government building that poses a safety risk, at any moment it could kill me, it's just a dangerous building, and it wouldn't be closed?" the judge asked.

Gustafson replied: "Your Honor, I'm not sure that's a serious question."

This didn't go over well with Judge Reyes. "You can be assured it's a serious question because I asked it, and I don't ask unserious questions."

It also isn't the first time the DOJ has been accused of being disrespectful in court. Woodward repeatedly calls the judge "ma'am" rather than "your honor," one man observed.

The safety issues before the court are a recent addition to the case, as the May hearing didn't have any urgent claims of imminent danger.

"If there are critical safety issues that have been identified where thousands of members of the public go through, you address some of those issues, right?" the judge asked. The DOJ said, "gradually." Still, they are addressed. The judge said that nothing has been addressed since May. It's only now that Trump has said the park will close on Nov. 15.

"Why has nothing been done on those for months and now on Nov. 15 it's a basis for emergent safety action?" the judge asked.

The DOJ admitted three interrelated factors determined the date: 1. Safety, 2. No course operator and 3. That the president said what he said about closure on Nov. 15.

The judge announced a lunch break.