A Department of Justice lawyer has argued that no court has the authority to halt construction of Donald Trump's $400m White House ballroom and an underground secure facility, suggesting only the US Congress could stop the project. The claim was made as the Trump administration asked the Washington DC circuit court of appeals to reverse a lower court decision that blocked the ballroom's construction.
The lower court had allowed work on a secure bunker for staff to proceed but stopped the ballroom, which is to be built on the site of the demolished East Wing. The National Trust for Historic Preservation sued the National Park Service and the administration in October after the demolition began without completing required review and approval processes, as mandated by district and federal statute.
During a hearing on Friday, Justice Patricia Millet questioned principal deputy assistant attorney general Yaakov Roth on whether the project had become a fait accompli, and if a court could stop it even in the case of 'complete lawlessness'. Roth replied that a court could not second-guess Congress if it weighed the equities, but left open the possibility that courts could block specific actions not authorised by Congress.
Thad Heuer, representing the historic trust, rejected the government's position, citing the Marbury v Madison precedent that courts have the authority to say what the law is. 'The government's position, apparently, is that even a lawless action of this type could never be stopped by the court. That is entirely wrong,' Heuer argued.
The administration has cited national security imperatives, including a failed assassination attempt at a White House correspondents event, but Congress appears unpersuaded. The Senate advanced an immigration bill only after Republicans removed $1bn in funding for Secret Service security upgrades to the ballroom.
