Federal judge seems unconvinced that White House should stop ballroom construction

A federal judge warned the administration against building President Trump’s new White House ballroom just yet, but said Tuesday he’s inclined to let the contractors continue below-ground work to clear and prepare the space.

Judge Richard J. Leon, a George W. Bush appointee, said the National Trust for Historic Preservation, which sued to stop the project altogether, hadn’t shown enough of a legal injury to secure a temporary restraining order.

He made clear, however, that the administration needs to produce its plans for what the new structure will look like, and said he wants them final by the end of the month — or else.

“The court will address it, I can assure you of that,” Judge Leon said.

He also said the government is on “fair notice” not to move ahead with any below-ground work that affects the eventual above-ground design before the court holds another hearing in January. Anything that breaches that directive could be torn down.

Mr. Trump’s vision of a palatial ballroom has become deeply controversial, particularly after the White House’s East Wing was demolished without approval by anyone outside the administration.

Government officials said the demolition was completed earlier this month and the contractor is now performing underground work, including critical security measures to protect the White House.

A Justice Department lawyer told the judge the work to date “cannot be undone.”

The National Trust had sued, arguing the project had not gone through approval at the National Capital Planning Commission and the Commission of Fine Arts, nor received an OK from Congress.

The case “is not about the need for a ballroom,” it’s about following the law, the trust’s lawyer, Tad Heuer, told the court.

He had asked Judge Leon to shut down work on the project until the administration submits its final plans and goes through the permitting process required by law.

Judge Leon, though, said the below-ground work isn’t necessarily covered by those laws.

The administration, in briefs on Monday, said the design is “still in progress,” so no plan can be submitted.

And Secret Service Deputy Director Matthew Quinn said in his court filing Monday that the security work going on right now must not be stopped.

The ballroom was originally said to be 90,000 square feet and cost $200 million, but the president has since said the price tag will be $300 million “because it is going to be double the size.” 

The original plan was for it to seat 650, but the president has since said it will hold nearly 1,000 people.

“It is actually under budget and ahead of schedule, as my jobs always are,” he said on social media on Dec. 6. “It’s just much bigger and more beautiful than originally planned.”

Will Scharf, assistant to the president and White House staff secretary, is the Trump-appointed chairman of the National Capital Planning Commission. He said earlier this month that the plans are expected to be submitted to the commission sometime this month.

The president and his staff have repeatedly said it’s the president’s prerogative to renovate the White House as he sees fit, and none of the money is coming from the taxpayers, but instead from the president’s wealthy friends.

But the trust said the president still needs to get the proper approval.

“No president is legally allowed to tear down portions of the White House without any review whatsoever — not President Trump, not President Biden, and not anyone else. And no president is legally allowed to construct a ballroom on public property without giving the public the opportunity to weigh in,” the lawsuit says.

Demolition for the new ballroom, including tearing down the East Wing, started in October and was completed this month. The project is expected to be completed summer 2028, according to a report by the National Park Service.

The park service, which shares control of the White House complex, said it concluded no environmental impact review was necessary for the work.