A Washington federal judge pushed back on Justice Department claims that President Donald Trump has authority to demolish the White House East Wing to construct a 90,000 square-foot ballroom.
Judge Richard Leon of the US District Court for the District of Columbia appeared unpersuaded at a hearing on Thursday that Congress would’ve given presidents permission do such major projects without lawmaker approval.
The judge pointed to former President Gerald Ford’s swimming pool and cabana project in the 1970s, which the government had cited as an example of a renovation that Congress didn’t approve.
“You compare that to ripping down the East Wing?” Leon said to Justice Department lawyer Yaakov Roth. “Come on. Be serious.”
Roth argued that Trump has authority to make changes under a law authorizing the president to spend money for the “repair, alteration, refurnishing,” and “improvement” of the executive residence, including heating, lighting, and air conditioning.
This law “anticipates very small side projects,” not a $400 million ballroom, Leon said. He added that the government’s argument that ballroom construction counts as an alternation or improvement is a “pretty expansive interpretation.”
When Roth asked toward the end of the proceeding if he’d addressed Leon’s questions, the judge replied, “You did the best you could.”
The judge was hearing arguments in a bid by historic preservationists to halt the project until it has cleared federal review. Trump has said the ballroom could cost as much as $400 million and could be used to host future inaugurations.
The National Trust for Historic Preservation sued the administration over the project, claiming it illegally demolished the East Wing without environmental reviews or input from Congress, the public, or relevant federal commissions.
Leon initially allowed construction to continue, after finding the nonprofit wouldn’t be imminently harmed since the design hasn’t been finalized.
The White House has since begun consultations with the federal commissions overseeing fine arts and Washington development projects and completed an environmental assessment, the Justice Department said in a court filing this month.
Demolition began in October, and foundation work is ongoing. Above-ground structural work is not expected to start until April 2026 at the earliest, the government said.
Thaddeus Heuer, an attorney representing the National Trust, argued at the hearing that the nonprofit is nonetheless harmed irreparably by the current work. He said below ground foundation work will set parameters for the above-ground structure and limit what changes could be made after the reviews are completed.
Leon said he hopes to rule in February. He also predicted the issue would be appealed to the Washington federal appeals court and possibly the Supreme Court.
The case is: National Trust for Historic Preservation v. National Park Service, D.D.C., 25-cv-4316, hearing, 1/22/26.
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