DOJ files motion to disqualify Judge Reyes in East Potomac golf course case
The Justice Department filed a 13‑page motion on Friday seeking to disqualify U.S. District Judge Ana Reyes from the East Potomac Golf Course renovation dispute in Washington, D.C.
The filing escalates a legal clash over the Trump administration’s plan to remove trees and redevelop the historic course, raising questions about judicial impartiality and the administration’s ability to move forward with the project.
Judge Reyes had previously halted the National Park Service’s removal of roughly 430 trees and extended a preliminary injunction through Oct. 26 after finding the plaintiffs likely to succeed on a claim that the agency failed to comply with the National Environmental Policy Act.
In a motion signed by Associate Attorney General Stanley Woodward, the Justice Department invoked 28 U.S.C. § 455(a), arguing that Reyes’s conduct—including harsh criticism of government counsel, demands for senior‑level testimony, and remarks in other Trump‑related cases—creates an appearance of bias.
The filing also requests public release of the audio from the Monday hearing, contending that the transcript does not fully capture the judge’s demeanor.
Under federal law, a judge may recuse herself if her impartiality could reasonably be questioned, but the Supreme Court’s Liteky decision holds that mere criticism or adverse rulings are insufficient for mandatory disqualification.
Reyes will decide the motion herself; a grant would transfer the case to another judge, while a denial could prompt the administration to pursue appellate remedies such as mandamus.
An evidentiary hearing is scheduled for Oct. 19, where senior officials from the Interior Department are expected to appear and testify about the tree‑cutting operation.
The dispute highlights the intersection of environmental review, executive authority, and judicial oversight as the administration pushes forward with its redevelopment plans for the East Potomac Golf Course.
