Last week there was a hearing in 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. Remember, Donald Trump intends to build a $400 million White House ballroom (funded privately, more on that later) on top of the torn down East Wing site, with exactly zero Congressional approval or oversight. But, well, the presiding judge, Richard Leon, has some questions about it all.
Attorney Anne P. Mitchell calls out some of the more interesting exchanges at the hearing on her Substack. And it’s pretty clear Judge Leon has run out of patience. From the get-go, Judge Leon was unimpressed with the government’s (lack of) argument. Emphasis absolutely added, “First, the president’s constitutional authority to construct the ballroom. I appreciate that the Government chose not to focus on this issue in their brief. That’s your choice. But if you’re not arguing the president is acting pursuant to his constitutional authority, I want you to state clearly — emphasis on the word “clearly” — where the president gets the authority to demolish the East Wing and construct the ballroom.”
And that funding I lampshaded earlier? Judge Leon derogatorily referred to the financing as a “Rube Goldberg contraption” multiple times during the hearing. Which… considering the donations are collected by a nonprofit organization, turned over to the National Park Service, and then handed over to the Executive Residence at the White House, which is overseen by Trump, feels just about right.
But, for my money, the interactions between Judge Leon and the administration’s attorney Jacob Roth are iconic.
THE COURT: And your best effort to demonstrate to this Court that the Congress intended this to be used for a purpose of this size and proportion on an icon that’s a national institution is what? Is what?
MR. ROTH: Well, Your Honor, I think that I would point to the OLC opinion. Obviously, a pool is different.
THE COURT: The ’77 —
MR. ROTH: Yeah.
THE COURT: The Gerald Ford swimming pool? You compare that to ripping down the East Wing and building a new East Wing? Come on.
MR. ROTH: I’m not comparing —
THE COURT: Be serious.
Be serious?!?! ::Chef’s kiss::
For real, if a federal judge snapped at my arguments like that I’d curl up and die on the spot. But if you had that much shame, you probably aren’t working for this administration.
So Roth has an upward hill to climb to get Judge Leon on board with the unique argument the government is making. Something the judge acknowledged at the end of Roth’s comments.
MR. ROTH: Your Honor, did I address all the questions that Your Honor had at the outset?
THE COURT: You did the best you could.
That’s yet another devastating line from Judge Leon.
Leon’s ruling is expecting next month, but I’m pretty sure we’ve already gotten a preview.
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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