The Justice Department returned to court Friday in the ongoing battle over the East Potomac Park golf course. It didn't go well as Justice Department lawyers tried to play coy with their answers to the judge's questions.
The case heated up this week after a whistleblower revealed that the administration was destroying documents containing conversations about all D.C. construction projects involving the president. It was among the first things Judge Ana Reyes raised Friday, Lawfare's Molly Roberts reported in her running account of the hearing.
She asked the room whether they knew what a "zeptosecond" was. It's the shortest measurement of time ever recorded in a lab. She explained that if she finds out that documents were destroyed, she will start proceedings on "sanctions or contempt in a zeptosecond."
Judge Reyes has appointed a special master to investigate whether the DOJ lied to the court about what was unfolding in the case. On Thursday, the DOJ submitted a filing expressing its opposition to the special master.
Reyes has started asking at the beginning of each hearing whether anyone needs to correct the record because they may have inadvertently made false statements to the court.
She then began a conversation with Associate Attorney General Stanley Woodward and Principal Deputy Assistant Attorney General Adam R.F. Gustafson about the design of the golf course. They said repeatedly that they can't fully answer what the final design will be.
"I understand the government's argument that as a matter of law...a million things have to happen," the judge said, according to Roberts' account. She asked them to put that aside. "The Department of Interior has filed a submission with the National Capital Planning Commission (NCPC) that has an attached design to it."
Gustafson held up the image but brushed past it, saying that it's the same design that the Commission of Fine Arts (CFA) is using. It's also the same design that Trump posted on Truth Social. Yet, Woodward wouldn't say whether it is the final design.
Roberts paraphrased what Reyes said, "That is what I want to avoid today. Here is what I want: Yes or no, the championship-style course by Tom Fazio ... assuming you get the necessary approvals, is that what we're going with?"
Gustafson said that it's the plan for now. Gustafson then appeared to irritate the judge even further, asking her to repeat her question.
Judge Reyes told Gustafson that it would "behoove" him to listen. She asked if there had been any pushback to the plan.
Gustafson responded, "I can't say that I've polled the public on this, your Honor."
That didn't go over well. She said that it would have been a "ridiculous question for me to ask." So, she encouraged Gustafson, "When I ask questions, why don't you actually listen to my question and assume that I'm not asking an idiotic question?"
Gustafson said that his "understanding is really limited to what has happened in the courtroom." He's not aware of what the people think about the golf course because "I don't have a television."
So, the judge asked the courtroom to raise their hands if they have strong feelings about the golf course.
"Turn around, sir," she said.
Hundreds of arms were raised, Roberts said. The majority of the people in the room.
