You did WHAT??? A federal judge explodes

Reading today's post will be fun for people who want the federal courts to demand that the Trump adminisration obey the laws he swore to obey and enforce.

Sit back.


President Trump has a system that works well for him. He does whatever he wants, regardless of the law. He dares someone to stop him. Republicans in the House and Senate majority do not object. Democrats are outvoted and complain from the sidelines. The federal courts are easy for Trump to game. Do something willful and illegal, and carry on while the slow machinery of the justice system and layers of appeals play out. When he loses, choose another pretext for doing what he wants, and again start the judicial clock.

Key to this successful strategy is working quickly. Just do it. Take bold, decisive action. The American public has not insisted on democratic process. 

Trump decided that Washington, D.C. needed a PGA-level golf course, something spectacular. He chose as its location the East Potomac Gold Links, currently a public golf course established under a 1898 law that created green space for public recreation. It has a history; it became desegregated in 1941. The course provides inexpensive recreation space for the D.C. community.

Trump moved decisively over the holiday weekend. The National Park Service cut down some 500 trees. The federal judge, Ana C. Reyes, who was overseeing the lawsuit filed by the D.C. Preservation League, had presumed that the U.S. Park Service would operate in good faith by not take precipitous action to destroy the current park while the matter was being adjudicated. That was a mistake. Here is what happened in court.

The court transcript:

Judge Reyes: I could not have been clearer, I have given the Govt the benefit of the doubt. Let me read what I ordered at the last hearing to show how the Govt has lost its credibility in this case. The transcript says I said cutting down the tree would be irretrievable harm, I think I should have said, irrevocable harm. I made myself entirely clear.

Trump lawyer Robertson: Yes, your Honor.

Judge Reyes: And now, at 4:55 pm on Friday - hundreds of trees cut down! When did counsel first become aware?

Robertson: I became aware it might happen, by Oct 8-

Judge Reyes: Ignorance is not an excuse here! You should have immediately told me. When did you know the plan for the trees to be toppled?

Robertson: Late Oct 8 or early Oct 9.

Judge Reyes: Why did you wait so long to notify the court?

Robertson: We were waiting for details?

Judge Reyes: Do you have email or a cellphone? What was preventing you from contacting us?

[The judge is screaming at full voice here.]

Robertson: I don’t think there was a conscious decision not to tell the court-

Judge Reyes: There WAS a conscious decision! You didn’t tell the court. Do you know why I am furious right now? The plaintiffs said this could happen and I said, I trust the govt! I don’t know how I could have made it any plainer that I did not want what has happened to happen.

I have given the govt every single benefit of the doubt that it would not do precisely what it has done. I am just at a total loss to understand what has happened here, other than - Occam’s Razor time - that the govt intended to do precisely what it has done.

You know why I’m furious right now? I was hearing from everybody on plaintiffs’ side that this was going to happen and I said repeatedly, ‘no, I trust the govt.’ I trusted you all not to do precisely what you have done.

I’m at a total loss to understand what happened here - it’s been to intentionally not tell the Plaintiffs, and clear hundreds of trees. How many? I said, I don’t want TEN trees taken down. I said, the Govt won’t lie. And now they did. On what universe did anyone in your office think that was acceptable?

Robertson: Your honor, we did our best --

Judge Reyes: No, you did not do your best! You did your absolute worst. More than being upset and furious right now, I am just beyond disappointed in the govt. I have done everything humanly possible to give the govt the benefit of the doubt in this case. I have done it repeatedly. I have done it for months.

Judge Reyes: What are the plans going forward?

AUSA Piropato: The contractor is checking the conditions of the course-

Judge Reyes: If my order is violated by ONE SECOND I guarantee there will be contempt proceedings.

AUSA Piropato: I understand. But there has to be chipping of the wood.

Judge Reyes: Why did this have to happen on Saturday?

AUSA Piropato: I don’t know.

Judge Reyes: Anything else planned about further renovations of the golf course?

AUSA Piropato: I am not aware of anything requiring NEPA review.

… Kevin Griess from the National Park Service was then called to testify by the court:

Judge Reyes: Please put Mr. Griess under oath. Misstatements are a federal felony.

Plaintiff lawyer: Mr. Griess, as I understand your declaration, this happened because you got new resources - from where?

Griess: They are NPS personnel from all over, brought in.

Plaintiff’s lawyer: Who told them to do this on Saturday? When?

Griess: I can’t say-

Judge Reyes: Who notified them to start on Saturday?

Griess: Deputy Director Frank Lance.

Judge Reyes: Get Mr. Lance here. Ms. Piropato, this is an order. I want him here now. Proceed.

Plaintiffs’ lawyer: When were you contacted to create the declaration you filed on Friday?

Griess: We were completing the compliance and received notice.

Judge Reyes: But what approval did you receive on October 5?

Griess: I had requested a tree approval, a pre-management plan.

Judge Reyes: Including cutting down 100s of trees?

Griess: Yes.

Judge Reyes: Approval by email - from whom?

Griess: Jessica-

Judge Reyes: Do you have it?

Griess: Yes. When the money became available, I asked them to mark every single tree that could be cut - they GIS mapped that then I asked my architect how to achieve it for whatever leasee.

Plaintiffs’ lawyer: Are you saying you are not aware of the President’s plans?

Griess: Only from social media. Not professionally.

Plaintiffs’ lawyer: For the 700 trees, where in the CLR is there support for this?

Griess: First we do the inventory, then the report.

Scott Macfarlane: “Looks like the plan is to cut down 729 trees at East Potomac Golf course. 430 have already been toppled, despite court order that the judge be sufficiently notified first.”

Griess: We look at each tree, and see when it is from-

Judge Reyes: When did you get funding authorization? Didn’t the WH cut NPS by 20% - are you aware?

Griess: Yes, your Honor.

Judge: Where did the money come from?

Griess: I don’t know. This plan isn’t just about safety, it’s about the restoration of the park to its initial form.

Judge Reyes: The trees removed Saturday, were they hazardous trees?

Griess: No.

Judge Reyes: I am ordering you to maintain all communication about this, for you and your staff to turn off all auto-delete functions, do you understand?

Griess: Yes, Your Honor.

Judge Reyes to DOJ: What are the plans moving forward?

Robertson: Today, NPS go with the contractor to see whether grounds are wet - I understand nothing can happen.

Judge Reyes: Is everyone else aware of that? Because I promise you if that order is violated by two seconds, there are gonna be contempt proceedings.”

Deputy National Park Service Director Frank Lands was then called to testify:

Judge Reyes: When did you became aware of plan to take down trees on Oct 10?

Lands: October 5.

Judge Reyes: Who told you to do this?

Lands: Deputy chief of staff for the Dept of Interior.

Judge Reyes: I want him in here too. Why all the sudden urgency to take down trees?

Lands: I don’t know.

Judge Reyes: How much is this tree removal going to cost the taxpayers?

Lands: I can’t even ballpark it.

Judge Reyes: Why did this have to be done urgently?

Lands: I don’t know a reason.

Judge Reyes to DOJ: Did you track down the Dept of Interior Chief of Staff?

Piropato: I can’t reach him. It’s a holiday.

Judge Reyes: Oh, I’m well aware it’s a holiday.

Judge Reyes: This is totally beyond the pale. Someone is going to be under oath and explain what happened to me. There is no urgency to any of this tree work! I want Dept of Interior deputy chief of staff Gregory Wischer in here.

The question is: Have I been lied to about the timing of things. I’m beyond disappointed in the govt right now. I order a halt to all further work at East Potomac Golf Course until 2 PM tomorrow. I will decide whether to make a longer extension. I also want Wischer in here to testify tomorrow.

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