Judge Ana Reyes Orders Special Master to Probe Ethics in East Potomac Park Closure Dispute

Key points

• Judge Ana Reyes plans to appoint Jessie Liu, a former U.S. Attorney for Washington, D.C., as a special master to investigate whether Department of Justice or Department of the Interior counsel committed ethical violations in the East Potomac Park litigation.
• The National Park Service will temporarily close East Potomac Park south of Buckeye Drive, SW, effective November 15, 2026, including the golf course, seawall, and Hains Point, citing safety risks and the cessation of golf operations.
• The closure follows the termination of National Links Trust's lease for the golf courses in December 2025 and a new lease for other courses in October 2026, with the NPS stating it lacks the capacity to manage the area safely without an operator.
• Judge Reyes has questioned the government's reliance on deteriorating seawall conditions as a justification for closure, noting that the issue has been known since 2011 and that the administration's actions contradict its claims of no final plan for a championship course redesign.
• The NPS condition assessment identified 110 deficiencies at the golf course, 69 of which were rated Critical or Urgent, including structural issues in the driving range and clubhouse, as well as significant hazards along the seawall and walkways.

Background

This dispute follows a series of legal actions in October 2026, where Judge Reyes issued preliminary injunctions halting tree removal and renovations at East Potomac Park, citing contradictions between the Trump administration's public announcements of a championship course redesign and sworn testimony claiming no final plan existed. The administration had previously cut down over 400 trees with minimal notice, which Reyes described as inexcusable. The current closure order and the appointment of a special master represent the latest escalation in this conflict over the park's future.

How outlets are covering it

The National Park Service emphasizes public safety and resource protection, citing extensive condition assessments that document critical structural and environmental hazards, particularly after the cessation of golf operations. In contrast, Judge Ana Reyes and preservationists argue that the closure is a pretext for a broader redesign of the golf course into a championship venue, as evidenced by the administration's public statements and the removal of mature trees. The DOJ, represented by Principal Deputy Assistant Attorney General Adam Gustafson, has maintained that the government is entitled to a presumption of regularity and that the closure is necessary for safety, but Reyes has sharply challenged this stance, questioning the government's awareness of the controversy and the existence of a final agency decision. Politico highlights the appointment of Jessie Liu, a former Trump-appointed prosecutor, to investigate potential ethical violations, adding a layer of scrutiny to the government's conduct in the case.

Why it matters

The closure of East Potomac Park, a beloved public space in Washington, D.C., affects thousands of residents and visitors who use the park for recreation, including running, cycling, and fishing. The legal battle over the park's future highlights broader tensions between federal authorities and local communities over public land management and the role of judicial oversight in government actions. The appointment of a special master to investigate ethical violations could have significant implications for the administration's credibility and the outcome of the litigation, potentially influencing future decisions on public park renovations and closures.

What to watch

The closure of East Potomac Park south of Buckeye Drive will take effect on November 15, 2026, and will remain in place until modified or rescinded by the NPS Superintendent. Judge Ana Reyes will oversee the investigation by Jessie Liu into potential ethical violations by government attorneys. The NPS is considering projects to remedy the hazardous conditions, which could lead to a modification or lifting of the closure if safe public access and management controls are established. The administration may appeal the preliminary injunction, and the outcome of the special master's investigation could influence the court's final decision on the park's future.