Trump's White House ballroom construction must halt unless Congress OKs it, judge orders

WASHINGTON (AP) — A federal judge on Tuesday ordered the Trump administration to suspend construction of a $400 million ballroom it demolished the East Wing of the White House to make space for, barring work from proceeding without congressional approval.

U.S. District Judge Richard Leon in Washington granted a preservationist group's request for a preliminary injunction that temporarily halts President Donald Trump's White House ballroom project. He concluded that the National Trust for Historic Preservation is likely to succeed on the merits of its claims because "no statute comes close to giving the President the authority he claims to have."

READ MORE: An arts panel made up of Trump appointees approves his proposal for a massive White House ballroom

"The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner!" wrote Leon, who was nominated to the bench by Republican President George W. Bush.

The White House quickly filed a notice to appeal while Trump fumed at the ruling. "We built many things at the White House over the years. They don't get congressional approval," he told reporters in the Oval Office a short time later.

The ruling was the first major rebuke of Trump's sweeping efforts to overhaul the White House. But it wasn't immediately clear what it would mean for a sprawling project in which crews have long since torn down the East Wing, radically transforming the look and feel of the historic grounds.

The judge's decision came two days before the National Capital Planning Commission, the agency that signs off on construction on federal property in the Washington region, is expected to approve the addition. Stephen Staudigl, a spokesperson for the commission, said the judge's ruling does not affect the schedule for Thursday.

Carol Quillen, president and CEO of the National Trust for Historic Preservation, which filed the lawsuit prompting Leon's ruling, said, "We are pleased with Judge Leon's ruling today to order a halt to any further ballroom construction until the Administration complies with the law and obtains express authorization to go forward."

"This is a win for the American people on a project that forever impacts one of the most beloved and iconic places in our nation," Quillen said in a statement. The group had sued in hopes of obtaining an order pausing the ballroom project until it undergoes multiple independent reviews and receives congressional approval.

The judge acknowledged the complication of stopping work in progress

Leon suspended enforcement of his order for 14 days, acknowledging that the case "raises novel and weighty issues, that halting an ongoing construction project may raise logistical issues." He also recognized that the administration would appeal his decision.

The judge ruled that any construction work that's necessary to ensure the safety and security of the White House is exempt from the scope of the injunction. Leon said he reviewed material that the government privately submitted to him before concluding that halting construction wouldn't jeopardize national security.

Trump noted that the ruling will allow work on underground bunkers and other security measures around the White House grounds to continue — even though those will be paid for by taxpayers, not the private donors and by Trump himself whom the president has promised will cover the cost of the ballroom.

READ MORE: Who's paying for Trump's $300 million ballroom?

The Republican president brought handwritten notes into the Oval Office that referenced that part of the ruling, saying, "It talks about we're allowed to continue building."

He then offered an exhaustive list of what's being done to enhance security while the ballroom is built.

"The roof is droneproof. We have secure air-handling systems. You know, bad things happen in the air if you have bad people," the president said. "We have bio-defense all over. We have secure telecommunications and communications all over. We have bomb shelters that we're building. We have a hospital and very major medical facilities that we're building."

He added, "Think of that for the safety of the president," and said the ruling means "on that, we're OK."

Trump launched the project quickly, catching the public off-guard

The White House announced the ballroom project over the summer. By late October, Trump had demolished the East Wing for a 90,000-square-foot (8,400-square-meter) ballroom he said would fit 999 people.

READ MORE: The East Wing of the White House has been demolished. Here's a look at its history

Trump proceeded with the project before seeking input from the National Capital Planning Commission and another oversight entity, the Commission of Fine Arts. Trump has stocked both commissions with allies. The trust sued in December.

On Feb. 26, Leon rejected the preservationist group's initial bid to temporarily halt the ballroom's construction. He said the privately funded group had based its challenge on a "ragtag group" of legal theories and would have a better chance of success if it amended the lawsuit, which it did.

The administration has said above-ground construction on the ballroom would begin in April.

"We are two weeks away," plaintiffs' attorney Thaddeus Heuer said during a March 17 hearing. "The imminence is now imminent."

During the hearing, Leon sounded skeptical of what he referred to as the government's "shifting theories and shifting dynamics" for its arguments in the case.

"I don't think it's a new theory," Justice Department attorney Jacob Roth told the judge.

Leon expressed frustration at Roth's attempts to equate the massive ballroom project with relatively modest construction work at the White House under previous administrations.

"This is an iconic symbol of this nation," the judge said.

The administration argued that other presidents didn't need congressional approval for previous White House renovation projects, large and small.

"Many of those projects were highly controversial in their time yet have since become accepted — even beloved — parts of the White House," government attorneys wrote.

The project is another attempt by Trump to remake Washington

Leon in his ruling rejected the administration's claim that Congress gave the president virtually unilateral authority to construct anything on federal land in Washington, regardless of the funding source.

"This clearly is not how Congress and former Presidents have managed the White House for centuries, and this Court will not be the first to hold that Congress has ceded its powers in such a significant fashion!" the judge wrote.

Since returning to the White House, Trump has frequently boasted about leaving a lasting mark on the building and the presidency.

WATCH: The White House's iconic Rose Garden gets a makeover under Trump

His extensive White House makeover efforts have already included building a patio space alongside the Rose Garden, erecting towering flagpoles on the North and South Lawns, renovating the bathroom attached to the Lincoln Bedroom and the Palm Room, and adding gold flourishes to the Oval Office and the outside colonnade.

The president also wants to build a ceremonial arch near the Lincoln Memorial, overhaul several Washington-area golf courses and is leading a push to revamp the Kennedy Center that is forcing the nation's capital's premier center for the performing arts to close for two years this summer.

Associated Press writer Darlene Superville contributed to this report.