Judge Casts Doubt on Trump's Ballroom Authority

'The president is a temporary resident of the White House. He's not the landlord,' lawyer says
Posted Jan 23, 2026 4:44 PM CST
Judge Casts Doubt on Trump's Ballroom Authority
Construction workers watch as work continues on a largely demolished part of the East Wing to make room for a ballroom, at the White House in Washington, Oct. 23, 2025.   (AP Photo/Jacquelyn Martin, File)

A federal judge asked some sharp questions Thursday about President Trump's legal authority to knock down part of the White House to make room for a 90,000-square-foot ballroom US District Judge Richard Leon repeatedly pressed Justice Department lawyers to identify what law actually lets Trump demolish the East Wing and replace it with a $400 million event space funded largely by private donors, the Washington Post reports. "Where do you see the authority for the president to tear down the East Wing and build something in its place?" asked Leon, a George W. Bush appointee, accusing the administration of trying an "end run" around Congress.

  • He compared the government's legal theory—rooted in the Interior Department's power to accept gifts for national parks—to a "Rube Goldberg contraption," and mocked officials' attempt to liken the project to Gerald Ford's privately funded swimming pool. "You compare that to ripping down the East Wing and building a new East Wing? C'mon. Be serious," he said.
  • The lawsuit, brought by the National Trust for Historic Preservation, is seeking a halt to construction. It argues the White House skipped legally required reviews and never obtained congressional authorization to raze part of the building. "The president is a temporary resident of the White House. He's not the landlord," attorney Tad Heuer told the court. "He's a steward," Leon replied.
  • Heuer and the judge agreed that routine maintenance funding from Congress—"a few million dollars a year" for HVAC and repairs—doesn't quietly greenlight a $400 million construction project. "Congress does not hide elephants in mouse holes," Heuer said. A Justice Department lawyer countered that work can't simply be paused, citing national security concerns. "I don't think there's any question that this modernization is in the public's interest," said Jacob Roth. He argued that the president has the statutory authority to modify the White House, the AP reports.

  • Leon said he would issue a ruling next month, but acknowledged that whatever way he rules, appeals up to the Supreme Court are likely.
  • The administration, meanwhile, is pushing ahead. The White House wants aboveground construction to start in April and is seeking rapid sign-offs from two federal design panels, both now led by Trump appointees after he ousted Biden-era members.
  • At a separate Commission of Fine Arts meeting, new chair Rodney Mims Cook Jr. called the ballroom "an important thing to the president" and "to the nation," though some of Trump's appointees questioned its bulk and security features. The project's architect, Shalom Baranes, said the imposing pediment and overall look reflected Trump's preferences. Baranes said adding a second story to the West Wing for symmetry is being considered, but it is only a concept for now and there has been no structural analysis of the West Wing and there has been no structural analysis to determine whether it is feasible, the AP reports.
  • At the meeting, Thomas Luebke, the commission's executive director, said almost all public comments received had been negative "in some way."

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