Virginia and D.C. sue over Trump's arch, adding to mounting legal challenges

The legal challenges to President Trump's proposed memorial arch are mounting, with the District of Columbia and Virginia suing in federal court Saturday as the administration says construction could begin as early as next week.

There are now three lawsuits calling for a halt to potential work on a monument that would rise 250 feet on a patch of grass off the bridge that spans the Potomac River, connecting the city with Arlington National Cemetery. That would make the arch 100 feet taller than the Statue of Liberty from its base to the top of the torch.

U.S. District Judge Tanya Chutkan is already considering issuing an order to halt the project until the original lawsuit against the Trump administration by three Vietnam War veterans and an architectural historian is resolved. She held a hearing Friday but did not immediately act, though she said she would move expeditiously.

In the latest lawsuit, two attorneys general, Brian Schwalb of Washington, D.C., and Jay Jones of Virginia, argue that "as soon as Defendants break ground on this project, they will inflict irreparable harm on both the District and Virginia."

"The Arch site sits at the center of a major traffic artery between the District and Virginia, in the monumental core of the capital, on an island that straddles the Potomac River," the lawsuit says. "During the three-year period of construction, the Arch project will inevitably snarl traffic between the jurisdictions, produce pollution and stormwater runoff in the Potomac, interfere with emergency services, and pose numerous other challenges." 

As the original plaintiffs have, the two states also are seeking a temporary restraining order that would slow the administration's plans to move ahead imminently with construction.

"Thanks to the Builder-in-Chief, no other president has done more to beautify our Nation's interior than President Trump," said Davis Ingle, a White House spokesman, in a statement to CBS News. "From restoring our treasured landmarks after suffering years of abuse and vandalism, to cleaning our parks and the Reflecting Pool and equipping the White House with a much needed Helipad and the finest Ballroom anywhere in the world, President Trump's bold vision is ensuring the People's House and our Nation's Capital will be properly glorified and remain in excellent condition for generations to come." 

The lawsuit raises concerns about how the traffic interruption would impact emergency responses in a region where joint operations are the norm, including the January 2025 midair collision between a military helicopter and airliner that killed 67.

Administration wants to get started on construction

Speaking to reporters during a Halloween party at his Mar-a-Lago estate in Florida on Saturday night, Mr. Trump said the arch "is very important militarily for Washington, D.C., and our country. It's also going to be the most beautiful arc ever built."

"It will be one of Washington's most beautiful things. It's also very important militarily. Maybe more importantly, but I don't think so," Mr. Trump added. "But it is very important militarily, and I think we're doing very well."

He said, "Whether it's Virginia, Maryland, or Washington — it doesn't matter. It's something the region needs militarily, and I think aesthetically also."

The Republican administration, in a recent court filing, said it had plans to seek final approval of the project, a favorite of Mr. Trump's, at Thursday's meeting of the National Capital Planning Commission and possibly begin construction the same day, despite the then-two active lawsuits pending.

On Friday, the government submitted a 106-page plan for the arch that envisions a massive structure more than 12 stories high that includes a huge bronze statue of Lady Liberty with wings and carrying a torch with an eternal flame. The structure would include an observation deck with views to the east and west, an "occupied roof" and two mezzanines.

Inside the arch are rooms for program space, offices, a staff lounge, circular staircases, multiple elevators and a "fire command center." The project proposes significant traffic changes in the area, including rerouting traffic on nearby roads. Administration officials have said the arch also will have a national security function.

Chutkan asked what the urgency was and how the government would be harmed "apart from the executive's desire to bedazzle the city" if she issues a preliminary injunction while the lawsuit plays out. Administration lawyer Robert Stander said the arch was "absolutely a high priority project" and were Chutkan to step in, that would impede the work of the government.

Golf course and Kennedy Center projects also have wound up in court

The lawsuits are among several that have been filed against the government as Mr. Trump seeks to remake the nation's capital at breakneck speed, prompting judges and plaintiffs to balk.

U.S. District Judge Ana Reyes said Friday she would open a "formal inquiry" to investigate if federal attorneys violated ethical boundaries, including making misrepresentations to the court, during a legal dispute about the East Potomac Golf Link project. Mr. Trump wants the public course overhauled so it could host professional tournaments.

There is a hearing Tuesday before U.S. District Judge Christopher Cooper on a motion from Democratic Rep. Joyce Beatty, an ex officio member of the Kennedy Center board, seeking the release of communications between the center's management and administration officials. The government has refused so far, citing executive privilege. Mr. Trump is the board chair.

Beatty alleged in a separate filing Friday that the government withheld information from trustees, including an analysis from the construction manager, that would have shown that a closure was not necessary. She is challenging a government request that Cooper dissolve an injunction he put in place to stop plans to shutter the performing arts venue for two years for renovation. That injunction also called for the removal of Mr. Trump's name, which had been placed on the center in December.