Lawfare writer Anna Bower reports that Judge Ana Reyes is appointing a veteran from President Donald Trump’s own first administration as Special Master to investigate whether or not the Department of Justice and Department of the Interior representatives "lied" to her about Trump's intentions for the East Potomac Golf Course.
“The court intends to appoint a Special Master to investigate whether Department of Justice or Department of the Interior Council have committed ethical violations in this matter,” wrote Reyes on Saturday. “… The Court gives notice of its intent to appoint former U.S. attorney Jesse K. Liu as the special Master.”
Reyes may have sprung a nasty surprise in choosing Liu, a Federalist Society member who served Trump as former U.S. Attorney for the District of Columbia in his first term. In serving under Trump, Liu may have the experience with the Trump administration to sniff through it's tactics for manipulating courts. And as a D.C. veteran, she likely comes with a database of reliable investigators who can ferret out Trump’s ethical violations.
Reyes, however, argues in her notice that Liu served as U.S. attorney for the District of Columbia from 2017 to 2020, the same office in which she previously served as an assistant U.S. attorney. Reyes also commended Liu for holding senior positions at the Justice Department, including Deputy Assistant Attorney General in the Civil Rights Division, counsel to the deputy Attorney General on National Security issues and Deputy Chief of Staff for the National Security division. Additionally, Liu served as deputy general counsel of the U.S. Department of the Treasury.
However, Reyes is a distrustful judge who already suspects the Trump administration of serious ethical violations in misleading her court — and she is not likely to appoint someone who will go easy on the president. Additionally, Liu’s inside knowledge of administration practices is not likely to be lost on Reyes.
The case springs from Trump’s effort to tear down and renovate the East Potomac Golf Course, an effort that preservation groups sued to block. But Trump personally blew up his own case before the court with his own words. After Reyes’ court barred any action regarding the park pending its final decision, a social media post by Trump suggested that he was ignoring the order.
“Rarely, if ever, has the United States Department of Justice urged a federal court not to believe the sitting president,” Judge Reyes raged after spying Trump’s post. “Not to believe him that a cabinet secretary has ‘developed’ a federal land project. Not to believe him that the secretary’s agency will destroy a historic golf course already on the land. Not to believe him that ‘restoration work’ will begin ’IMMEDIATELY!’ Not to believe him that the course ‘will be closed’ for over a year. Not to believe what the president has repeatedly told the American public.”
“And yet, here we are,” Reyes added.
Afterward, Reyes put federal attorneys on notice, warning that Trump's social media posts may have directly broken a court order.
“The Court ORDERS Defendants to clarify, as part of their response to the Court's show-cause order from October 26, whether any plan exists to close East Potomac Golf Course on or around November 15, 2026. And, if so, how that can be reconciled with Associate A.G. Woodward's representation to the Court,” said Reyes.
