The Trump administration has formally requested the recusal of U.S. District Judge Ana Reyes from a case concerning a controversial tree-removal operation at a historic Washington, D.C., golf course. The administration claims that Judge Reyes has belittled government lawyers and questioned their intelligence unfairly.
The Justice Department argued in its filing that Judge Reyes should not oversee the case involving the East Potomac Golf Links. This stems from a decision to clear hundreds of trees, a move that prompted a contentious court hearing and a temporary halt to further cutting.
The administration stated, ‘Judge Reyes’s behavior in this case is egregious,’ citing repeated instances where she allegedly shouted at and belittled the government’s attorney during an October hearing.
They also noted that Reyes questioned the attorneys’ intelligence and appeared to allow her feelings toward the Trump administration to affect the proceedings. For example, Reyes remarked to government counsel, “If you don’t understand the relevance of the questions we’re asking, the government has a much bigger problem than I understood it to have.” The attorney in question is the deputy chief of the Natural Resources Section, recognized as an expert in the issues before the court.
In response, Democracy Forward Foundation, representing the plaintiffs, offered no further comment on the government’s filing. The Department of the Interior deferred comment to the Justice Department. Efforts were made to contact the National Park Service.
Background of the Legal Case
The case, titled D.C. Preservation League v. Department of Interior, was initiated in February and is being heard in the U.S. District Court for D.C. The plaintiffs, including the D.C. Preservation League and local residents, oppose the removal effort, stating there is no valid basis for Judge Reyes to step down.
The DOJ insists that Judge Reyes’s actions during the October hearing are indicative of a larger pattern of mistreatment toward government lawyers. They cited previous cases involving the Trump administration where Reyes’s conduct was similar.
Notably, Reyes was nominated by President Joe Biden and confirmed in 2023. The DOJ’s motion referenced another complaint about judicial misconduct related to Trump’s military policy litigation.
The Underlying Dispute
The conflict centers on the Trump administration’s removal of hundreds of trees at the East Potomac Golf Links. This is a historic public course targeted for renovation.
Judge Reyes criticized the government during the October hearing for not informing the court until late in the day on October 9 about the plan to remove up to 529 trees. Work began the next morning, and by Reyes’s account, around 430 healthy trees were removed. She noted the government planned to remove more trees if not for rain delays.
Reyes told the government attorneys that their actions eroded the government’s credibility. She bluntly stated, “I trusted you all not to do precisely what you have done.” When a lawyer defended their actions, Reyes responded, “No, you did not do your best. You did your absolute worst.” The DOJ cited this in their recusal motion.
Reyes later extended an order preventing further tree removal until October 26.
Legal Wranglings Over Tree Removal
The broader lawsuit scrutinizes whether the government met federal requirements when planning changes to the golf course. The administration asserts the work stems from a 2019 National Park Service landscape plan rather than Trump’s redesign efforts. An Interior Department spokesperson previously stated the work aimed to manage tree overgrowth and restore the course’s historic look.
Reyes granted the plaintiffs a temporary restraining order, finding they likely could prove the National Park Service did not comply with environmental review requirements prior to the tree-removal plan.
Reyes succinctly captured the situation: “Breakneck speed to clear trees that posed no harm. The reason? Disputed. The budget? Unclear. The environmental impact? Unstudied. The urgency? None. Next steps: bulldoze hundreds more.”
DOJ Challenges Reyes’s Conduct in Court
The DOJ’s motion argues against Reyes’s decision to compel senior administration officials to testify about the tree-removal authorization. Reyes has ordered Gregory Wischer and Jessica Bowron, high-ranking officials, to testify at an upcoming hearing under oath. The DOJ contends that requiring these testimonies without a clear necessity violates the principles of separation of powers.
This filing marks a shift in the legal confrontation. Reyes initially accused the government of credibility issues, but now the DOJ charges Reyes with displaying “open hostility” and asserts her conduct hinders her ability to oversee the case.
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