Appeals court lets Trump resume White House ballroom construction, seeks lower court clarity https://ift.tt/3ykPudx

A federal appeals court in Washington, D.C., on Saturday cleared the way for President Donald Trump to temporarily resume construction of his planned White House ballroom, granting a near-term win to the administration as it pushes forward with the nearly $400 million project. 

The case stems from a lawsuit filed late last year by the National Trust for Historic Preservation, which sought to block the construction. The group argued that the project violates multiple federal laws, including the Administrative Procedure Act and the National Environmental Policy Act, and charged that the plans amounted to executive overreach without required approval from Congress and federal planning bodies.

A lower court judge last month put the project on hold, triggering the administration’s appeal.

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U.S. District Judge Richard Leon, a George W. Bush appointee, in March issued a preliminary injunction blocking construction of the ballroom, finding the Trump administration likely lacked the legal authority to proceed without congressional approval. He said the government had not shown it had clear authorization to replace parts of the East Wing with a privately funded structure.

Leon’s order paused most construction work on the ballroom, though he allowed activity tied to White House security concerns, and briefly delayed enforcement of his ruling until mid-April, to give the administration time to appeal the case to a higher court.

The Trump administration quickly asked the U.S. Court of Appeals for the D.C. Circuit to intervene, arguing that the project is critical to the safety and security of the "president, his family, and White House staff."

The 2-1 ruling from the circuit court did not immediately side with the Trump administration, but gave it temporary relief.

A majority of judges on the panel said the court needed more explanation from Leon before deciding whether construction should remain blocked. 

Specifically, the judges asked Leon to clarify whether stopping the project would harm national security, as the Trump administration claims.

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The appeals court also paused Leon’s order through April 17, giving the Trump administration time to ask the Supreme Court for emergency intervention if it chooses.

For now, the case will return to the district court for further explanation.

Trump first announced plans for the 90,000-square-foot ballroom in July, initially estimating the cost at around $200 million. He has said the project would be funded "100% by me and some friends of mine."

Lawyers for the administration have pushed back on the lawsuit, arguing the president has authority over White House construction decisions and that Congress does not need to approve the project.

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"No taxpayer dollars are being used for the funding of this beautiful, desperately needed, and completely secure… ballroom," Justice Department lawyers said in court filings.

They added that past White House expansions, including the East and West Wings, did not require congressional involvement in their design or construction.

The National Trust, meanwhile, maintains the project cannot move forward without complying with federal law and proper review processes.

The Justice Department declined to comment on the ongoing litigation or whether it plans to seek Supreme Court intervention.