President Donald Trump’s second term has been marked by epic legal disputes over presidential power. On Tuesday afternoon, his administration will be in court defending Trump’s power to build a ballroom.
The National Trust for Historic Preservation filed a lawsuit against Trump and other government officials, arguing that their renovations run afoul of legal requirements. “No president is legally allowed to tear down portions of the White House without any review whatsoever — not President Trump, not President Biden, and not anyone else,” the nonprofit said in its complaint.
The group said the government demolished the East Wing to build a 90,000-square-foot ballroom “without seeking approval from Congress; without requesting review and approval from the federal commissions charged with oversight of development in the nation’s capital; without conducting the required environmental studies; and without allowing the public any opportunity for input.”
The National Trust filed a motion for a temporary restraining order to halt construction, arguing that government officials have “violated the law in many separate ways” and that its “illegal activity continues today,” as “ready-to-install construction materials and heavy construction machinery have been moved onsite to begin active building.”
In a court filing Monday ahead of the hearing, government lawyers cite the Constitution’s provision that the president “receive Ambassadors and other public Ministers.” To do so, they wrote, the White House must be equipped for that purpose but isn’t, in light of “modern needs.” So, they wrote, “To rectify that untenable situation, President Trump set about to adapt the White House to the evolving needs of the presidency.”
The administration argued that the plaintiff’s legal claim must fail because the East Wing is already demolished — making that aspect of the litigation moot — and that the bid to halt future construction isn’t ripe to decide yet because the plans “are not final” and there won’t be above-ground construction until April.
Officials noted that “below-grade demolition and excavation is still ongoing” but argued that it should continue due to “security concerns inherent in leaving the East Wing foundation area unfinished.” A Secret Service official submitted a sworn declaration stating that “improvements to the site are still needed before the Secret Service’s safety and security requirements can be met.”
Tuesday’s hearing is set for 3:30 p.m. ET in Washington before U.S. District Judge Richard Leon, a George W. Bush appointee.
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