Ex-federal prosecutor set to probe whether Trump officials misled court in golf case

A federal judge announced Saturday that she intends to appoint a former top federal prosecutor from President Donald Trump’s first term to investigate whether government officials and attorneys deliberately misled her during a lawsuit challenging a high-profile Washington construction project involving the renovation of a historic public golf course along the Potomac River.

Jessie Liu, who previously served as U.S. attorney for the District of Columbia, would examine whether officials with the Interior Department and the National Park Service and attorneys with the Department of Justice violated ethical standards or misled U.S. District Judge Ana Reyes during the course of the litigation, which was initiated in February by two golfers and the DC Preservation League.

The Republican administration plans to close the East Potomac Golf Course and park land on Nov. 15 to construct a "World Class, championship-level golf course that is capable of hosting major events." An injunction issued by Reyes last month temporarily bars the government from removing or damaging any additional trees on the course, requiring the administration to give 10 days’ notice in writing before making any "irreparable modification" to any "forms or features" of the course while the lawsuit remains active.

Reyes is offering both sides an opportunity to be heard regarding her plan to name Liu as special master in the dispute. The parties must submit their responses in writing by Friday, when the next court hearing in the case is scheduled to take place.

Reyes, who was nominated by Democratic President Joe Biden, wants to determine whether federal officials lied about the full extent of the renovation plans across months of court hearings. She is also seeking to clarify if they were truthful about various actions taken, including the cutting of hundreds of trees early last month. Having previously rejected multiple motions from plaintiffs asking her to intervene because she trusted government attorneys, Reyes formally announced an investigation into the government's conduct during an Oct. 30 hearing.

In her former role as the city's chief federal prosecutor, Liu oversaw several matters referred to her office by then-special counsel Robert Mueller as part of his investigation into potential ties between Trump’s 2016 campaign and Russia. Trump later nominated Liu to serve as associate attorney general, the third-highest ranking job in the Justice Department.

Liu ultimately withdrew from consideration after facing opposition from members of the Republican-led Senate Judiciary Committee over her past membership in a legal association that supported abortion rights. She later resigned from that organization, explaining that it endorsed left-leaning positions, and is currently a partner at her own law firm, Liu Shur Kravis LLP.

David Super, a professor at the Georgetown University Law Center, observed that a judge launching a formal investigation into the conduct of trial participants "can be a precursor to holding someone in contempt of court."

Super noted that the step also reflects "of the difficulty she had in determining who initiated the tree-cutting in defiance of the assurances DOJ provided. She doesn’t have the time to keep holding long, complex hearings and so wants a special master to narrow the issues."

Reyes ordered the Oct. 30 hearing following several Truth Social posts by Trump indicating there were active plans for the golf course, with construction slated to start Nov. 15. Trump stated that the park would remain closed for 15 months while the work was carried out.

The presidential posts, which began Oct. 18, created a tense dynamic across multiple subsequent court sessions when administration officials were unable to confirm the existence of the plans under questioning from Reyes. She eventually questioned whom she could trust, leading the Department of Justice to file notice on Oct. 28 acknowledging that the redevelopment plans were real.