Judge not inclined to halt White House ballroom construction for now, but warns the White House
U.S. District Court Judge Richard Leon said Tuesday he is inclined to deny a request for a temporary restraining order to halt construction of President Donald Trump's White House ballroom, with a written decision likely to come by Wednesday.
The judge said he believed the National Trust for Historic Preservation has not established that it would face the type of irreparable harm that would require the court's intervention for the 14 days a TRO would be in effect.
But Leon, a George W. Bush appointee, said he would reserve judgment on the issues raised by the National Trust until a preliminary injunction hearing next month.
And he warned the White House that if there's any "below-ground" construction that might take place over the next two weeks that could affect the above-ground portion of the ballroom, the administration should be "prepared to take it down."
Over the roughly 45-minute hearing, lawyers for historic preservationists and the Trump administration sparred over whether laws governing construction in Washington, D.C., apply to the president and his 225-year-old residence.
"This is a simple motion," said lawyer Tad Heuer, as he began his argument on behalf of the National Trust for Historic Preservation. The judge abruptly cut him off.
"Simple?" asked Judge Richard Leon. "That's a matter of opinion, my friend. And I get to write the opinion."
The judge pressed Heuer and an attorney for the Justice Department on the history of such laws as the 1952 National Capital Planning Act and a 1912 statute requiring congressional approval before buildings are erected on park land in D.C. Leon's questions also focused on how much it matters, legally, whether the ongoing construction is above ground or below ground.
Heuer pointed to reports that piledrivers are running around the clock, work he urged the judge to put a stop to because a building's foundation is likely to affect its height and width. Heuer also argued the National Trust is harmed by the ongoing work because it has been deprived of the right to make public comment on the changes.
"It is more than the president's residence," Heuer said of the White House. "This case is not about the need for a ballroom. It is about the need to follow the law."
Justice Department lawyer Adam Gustafson told Leon that the administration intends to soon consult with an "ex-officio" member of the National Capital Planning Commission and that senior Trump aides have already reached out to set up a meeting. Gustafson also repeatedly acknowledged that the plans for the ballroom are not final.
"The size of the building is still an open question?" Leon asked.
"Nothing about this building is finalized," Gustafson responded, acknowledging that a new architect has just been hired and adding that the design work is still "in progress."
Leon indicated to Heuer that he was inclined to allow the ongoing work to continue through the end of the month, noting the administration's pledge to consult NCPC before the end of the year, which is two weeks away.
"'Within the next two weeks' is a common refrain from this administration," Heuer responded.
As he concluded the proceeding and signaled his readiness to deny the preservationists' restraining order request, Leon said he would revisit the broader issues raised by the National Trust at a preliminary injunction hearing next month.
But he sternly warned the administration's lawyers that if it performs any underground work over the next two weeks that might impact the above-ground portion of the project, the government should be prepared to take it down.
