Judge skeptical of Trump's arguments he has proper authority to build White House ballroom

A federal judge appeared skeptical of the Trump administration's claims that it has the proper authority to continue construction on the East Wing site that was demolished last year. 

U.S. District Judge Richard Leon heard arguments Thursday on a motion brought by the National Trust for Historic Preservation to block the ongoing construction of the East Wing until the Trump administration goes through the appropriate approval processes, which it alleges the Trump administration has ignored.

Friday's arguments focused primarily on two issues: whether the president can unilaterally renovate the White House and whether he can do it with private funds that were transferred to an office under his authority, rather than with funds appropriated by Congress. 

Tad Heuer, an attorney representing the Trust, argued the law requires express approval from Congress to execute a project as significant as the 90,000 square-foot East Wing renovation. 

Congress provides the White House with a modest annual budget for the "repair, alteration, and improvement" of the building. The administration contends this authority encompasses the East Wing overhaul. 

Leon responded that the Trump administration's view is a "very expansive definition," later adding that "there's been an end-run around this oversight from Congress."

Leon pressed senior Justice Department official Yaakov Roth, on whether "ripping down the East Wing" is similar to previous White House renovations, like the tennis pavilion added by Mr. Trump in his first term, or the swimming pool added in 1975 by President Gerald Ford. Roth argued it was akin to those projects. 

"Come on. Be serious," Leon snapped. 

The $400 million ballroom is being privately financed. Donations were collected by a nonprofit organization, turned over to the National Park Service and then funneled to the Executive Residence at the White House, which is overseen by Mr. Trump. 

Leon repeatedly called the financing arrangement a "Rube Goldberg," referring to the cartoonist and inventor who made complex contraptions to perform simple tasks.

Roth argued that Mr. Trump "cares about this, so he wanted to keep it in house," referring to the planning and financing for the project, which includes the ballroom, and a new secure bunker underneath it. 

"Every construction truck of concrete" that is brought to the East Wing site for construction constitutes irreparable harm to the public, Heuer said, arguing that Mr. Trump should have gone to Congress with a proposal to allocate funding for the ballroom before beginning demolition, instead of relying on a collection of private and corporate funds for the renovations.

"The president didn't want $400 million of taxpayer money to be used for this," Roth said of the ballroom, which is expected to be completed during the summer of 2028. 

He called any alleged harms "speculative" and said that Leon should not stop the construction in the middle of the project, citing "national security implications" and the risk of flooding or damage to the intact parts of the White House that are adjacent to construction.

In December, the Trust filed the first major lawsuit against Mr. Trump and his administration in an effort to block construction of the ballroom, arguing no president is allowed to tear down parts of the White House "without any review whatsoever," or construct a ballroom on public property "without giving the public an opportunity to weigh in." The historic preservation group argued that the lawsuit isn't about the need for a ballroom, but about the need to follow the law.

A week later, Leon denied a temporary restraining order sought by the Trust, finding that the group had not established enough irreparable harm to pause the construction outright, but the judge said construction crews cannot build any below-ground structures that would determine how and where the final ballroom structure will exist.

Leon said he will likely issue an opinion in February. 

Earlier Friday, the administration provided an informational presentation to the Commission of Fine Arts. CFA advises the federal government on matters of design in the nation's capital. 

The presentation, led by White House official Joshua Fisher and chief architect Shalom Baranes, was similar to their presentation before the National Capital Planning Commission earlier this month. 

Baranes said the ballroom itself is expected to be about 22,000 square feet (110x200 feet) with 40-foot ceilings. It is expected to hold 1,000 guests for a formal seated dinner. The total East Wing renovation is slated to cover an area of approximately 89,000 square feet over two floors. 

On the upper floor, the renovated area will include the ballroom, a lobby, bathrooms and corridor connecting it to the East Room.

And on the lower floor, there will be an office suite for the first lady, kitchen space, a movie theater and a corridor connecting the area to the main residence.

The east wall of the structure, which faces the Treasury Department, has been redesigned from the original renderings. It will feature eight floor-to-ceiling windows and eight columns above the main guest entry stairway. 

Baranes promised a digital 3D rendering of the design in the coming weeks. He briefly mentioned the potential for renovations to the West Wing colonnade. He said no design work has been started but some structural assessments are underway. 

Mr. Trump recently appointed five new members to the CFA including Rodney Mims Cook Jr. who was voted chairman Thursday. 

Cook asked several questions about the project but seemed generally favorable to the design. His main concern was the scale of the building, as viewed from the south side of the White House complex. 

"It's immense," Cook said. Baranes said the building's footprint extends just about 300 feet into the South Lawn. 

James McCrery, the commission's vice chairman, recused himself from the ballroom portion of the meeting because he was the project's original architect. 

Thursday's presentation did not require a vote from the commission. The White House will make another presentation at next month's CFA meeting.