Federal Judge Halts Trump Golf Course Hearing, Demands 'A Live Human Being Who Understands the Law'

A federal judge halted a Friday hearing over the planned Sunday closure of East Potomac Park, ordering the Justice Department to produce 'a live human being who understands the law', according to Lawfare's Molly Roberts.

The D.C. Preservation League leads the lawsuit seeking to prevent the closure. The plaintiffs argue that shutting the area is a step towards President Donald Trump's plan to replace its public golf course with a championship-style design by Tom Fazio. The government states that it must close the area because of a crumbling seawall and because the course will soon have no operator.

Closure Plans Draw Scrutiny From Federal Judge

The Interior Department posted its written closure decision only on Thursday evening. The proposed closure would affect everything south of Buckeye Drive, including the public golf course and Ohio Drive.

The dispute follows an earlier ruling over the administration's plans. ABC News wrote that US District Judge Ana Reyes ruled last month that the administration had likely violated environmental law in pursuing its proposals for the course.

At Friday's hearing, Justice Department official Adam Gustafson stated that the closure would be published as a direct final rule, which takes effect without the usual public notice and opportunity to comment, according to Roberts' courtroom coverage.

When Reyes questioned what the law provides for such rules, Gustafson replied that he would have to brush up, Roberts wrote.

Earlier Assurances Shape Trump Golf Course Hearing

Reyes stated that she had been assured in earlier hearings that the public would receive notice and an opportunity to comment before any rule on the park. When she questioned the timing of the written closure decision earlier in the day, Gustafson attributed it to an outage.

'There will be some clarity once this is published,' Gustafson said of the rule.

'There's gonna be clarity before I leave the bench for the day,' Reyes replied.

Reyes told the government she would not spend another night addressing its last-minute tactics and demanded a lawyer in the courtroom within an hour, Roberts wrote.

'I want a live human being who understands the law and who can argue it,' Reyes said.

Gustafson said the department would 'try their very best'.

'You're ordered to do it or tell me that you can't do it by 2:30,' Reyes said.

Federal Judge Questions Government Presumption

Reyes also warned that if the department could not produce someone to argue the issue, she would have to think the government was well past the presumption of regularity. That is the legal assumption that officials act properly and in good faith.

Gustafson had invoked that presumption earlier that morning when Reyes questioned whether an agency could reach a final decision without putting it in writing.

'I would say the government's entitled to a presumption of regularity,' Gustafson said.

'Well, you might want to move on from that point,' Reyes replied.

Reyes called a five-minute break after issuing her order. When the hearing resumed, Roberts noted that it had not been five minutes and most of the Justice Department team remained in the hallway.

After the break, Reyes questioned whether Gustafson could estimate when the park might reopen if it closed on Sunday. He replied that he could not.