Approximately 150 Democratic lawmakers submitted a legal brief on Thursday in relation to the ongoing litigation concerning the White House East Wing. They argue that the Trump administration must secure explicit approval from Congress before proceeding with any construction efforts.
According to the brief, “The President cannot undertake any construction at the White House—much less demolish one of its wings—without clear authorization from Congress, as well as an appropriation of funds to do so,” the Democrats’ legal representatives stated.
This group of legislators is spearheaded by Representatives Robert Garcia and Jared Huffman from California, along with Senator Sheldon Whitehouse from Rhode Island.
The lawmakers contend that the President lacks the authority to demolish or construct new structures on the White House premises, emphasizing that “The Constitution grants Congress exclusive control over all federal property.” They point out that Congress has not yet approved any funding or authorization for this project.
In contrast, the administration has argued that existing legislation, which allows the White House to conduct routine maintenance and repairs, justifies the privately funded $400 million demolition and construction of the East Wing. However, Congress has only allocated approximately $2.5 million for such repairs.
The lawmakers emphasized in their amicus brief that Congress “does not fund large-scale construction projects with drop-in-the-bucket funding,” underscoring their position against the administration’s interpretation of the statute.
The National Trust for Historic Preservation filed a lawsuit against President Trump late last year. In March, a federal judge ruled that construction could not proceed until Congress green-lit the project. A panel of appellate judges has temporarily allowed construction to continue and will hear arguments next week.
Todd Blanche, the acting attorney general, has argued in recent filings that reconstruction of the East Wing — which includes a ballroom, kitchen space and secure facilities — is a matter of national security. He has claimed the shootings at the White House Correspondents’ Dinner and near the Eisenhower Executive Office Building last Saturday make completion of the project all the more urgent.
Senate Republicans briefly contemplated a measure that would have provided a billion dollars to bolster ballroom security, but that provision has since been dropped from a larger GOP bill.
“President Trump is building a billion-dollar ballroom. Everyone should be disgusted by his illegal and unconstitutional vanity project. We are fighting this in court,” said Garcia, the top Democrat on the House Oversight Committee.
Two other interested parties filed amici briefs in the ballroom case this week.
On Wednesday, Citizens for Responsibility and Ethics in Washington and the Campaign Legal Center, two nonprofits focused on government ethics, wrote that accepting ballroom donations from companies and individuals with business before the government presents a conflict of interest.
Congress should appropriate money for the ballroom, the ethics groups asserted. “This is a check against both Executive extravagance and the risk of corrupting influence.”
A consortium of architects and preservationists filed a separate brief, also taking a stand against the administration, arguing, “The president has no inherent authority to direct destruction of historic federal property within a national park and then use private funds to satisfy his personal quest to build a massive, discordant, above-ground ballroom.”
