White House ballroom: Judge signals skepticism of Trump administration arguments
The federal judge overseeing a lawsuit challenging the White House ballroom project expressed deep skepticism of the Trump administration's claim that the president has the legal authority to undertake East Wing renovations and fund them with private donations. During a hearing, U.S. District Court Judge Richard Leon questioned the administration's lawyer on these issues, challenging the president's power to demolish a historic landmark and the feasibility of using private donations to bypass congressional oversight.
The National Trust for Historic Preservation filed the lawsuit last month, seeking to halt construction until the project completes the standard federal review process and invites public comment. The National Trust, a privately funded nonprofit, is arguing for a preliminary injunction.
At the end of the hour-long hearing, Judge Leon indicated he would not make a decision this month but hoped to do so in February. He anticipated an appeal from the losing party. ABC News has requested a comment from the White House regarding the hearing.
The White House announced the construction of a 90,000-square-foot ballroom in late July, with demolition of the East Wing beginning in late October. The project's scope and cost have increased since its initial unveiling, with Trump stating a $400 million price tag in November, up from the initial estimate of $200 million. The White House has claimed private donations will fund the project.
Judge Leon, appointed by George W. Bush, criticized the Trump administration's approach as an 'end run' around congressional oversight, questioning the legal rationale for the president's plan to privately raise $400 million. He focused on two federal statutes: one prohibiting construction on federal grounds in the District of Columbia without congressional approval and another requiring yearly appropriations for White House maintenance and improvements.
Leon pointed out that Republicans control Congress and that the president could have sought approval for the demolition and rebuild. He also noted that the $2.5 million Congress allocated for White House maintenance was for minor projects, not a ballroom.
Justice Department lawyer Yaakov Roth countered that Trump wanted to avoid using taxpayer money, opting to solicit gifts to the National Park Service instead. He also mentioned that Congress had not been asked for approval of similar projects during Gerald Ford's presidency. However, Judge Leon dismissed this argument, questioning the comparison between a swimming pool and a significant landmark.
Attorney Adam Gustafson, representing the National Trust, emphasized that the president is a 'temporary tenant' of the White House, not the owner. Leon suggested 'steward' as a more appropriate term.
The hearing concluded with Leon expressing his confidence in the National Trust's standing to sue, despite the administration's attempts to challenge it. He declined to issue an immediate ruling, citing the upcoming winter storm, and anticipated an appeal from the losing party.