If you’ve been following the slow-motion legal trainwreck that is Donald Trump’s East Wing–turned–ego monument, then yesterday’s preliminary injunction wasn’t a shock.
Because from jump, Judge Richard Leon has been all but skywriting his conclusion. The case brought by the National Trust for Historic Preservation over the Trump administration’s unilateral demolition of the East Wing of the White House to build a $400 million White House ballroom — funded privately — with exactly zero Congressional approval or oversight. And now, after months of increasingly incredulous benchslaps, Leon has finally done the obvious, granting the plaintiff a preliminary injunction halting further work on the ballroom project, making crystal clear that (shocker!) presidents do not, in fact, get to freestyle renovations on national landmarks like they’re flipping a condo.
Back in March, Leon — a George W. Bush appointee, not exactly a card-carrying member of the Resistance — was already openly skeptical of the administration’s “of course the president can do whatever he wants to the White House” theory.
He called the government’s arguments “brazen.” He questioned whether demolishing the East Wing could possibly be described as an “alteration.” He reminded everyone, repeatedly, that the White House is “an iconic symbol of this nation,” not a personal playground.
So when Leon finally ruled, the opinion had a real “are you fucking kidding me right now?” vibe. Leon wrote, “no statute comes close to giving the President the authority he claims to have.” And he slapped the president’s attempt at self-aggrandizement, writing, “The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner!”
Judge Leon went on to swat away the government’s desperado move of claiming a delay in the ballroom project would “imperil national security and expose the White House to damage,” writing that’s just “grasping for straws.”
Of course, this decision might not shield the nation from whatever gold covered monstrosity Trump has in mind for the East Wing. Leon makes it clear that with Congressional approval, the project can move forward. Plus there’s the appellate process, the Department of Justice has already filed its appeal of the ruling.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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