(WASHINGTON) — The federal judge presiding over the White House ballroom case on Thursday clarified his ruling to say that security-related work can go on, particularly below ground, but that work on the ballroom itself still cannot proceed without authorization from lawmakers.
Judge Richard Leon ruled on March 31 that President Donald Trump can’t build the planned ballroom without authorization from Congress.
In addition to issuing Thursday’s clarification, Judge Leon stayed his ruling by another seven days to allow the White House to pursue further appeals.
The revised decision came at the direction of a D.C. Circuit appeals court panel, which ruled 2 to 1 last Saturday that Leon’s initial ruling needed to be clarified.
But in elaborating on the exceptions in his order, Leon also warned the Trump administration that security concerns are not a “blank check to proceed with otherwise unlawful activity,” saying that it is “neither a reasonable nor a correct reading” of his order for the White House to claim that the ballroom is itself part of a security upgrade, as it did in a recent court filing.
“It is, to say the least, incredible, if not disingenuous, that Defendants now argue that my Order does not stop ballroom construction because of the safety-and-security exception!” Leon wrote.
Leon said his revised order would allow for “below-ground construction of national security facilities, work necessary to provide for presidential security, and construction necessary to protect and secure the White House and the construction site itself.”
Trump officials argued that items such as bulletproof windows, missile-resistant columns and drone-proof roofs — features of the planned ballroom — were necessary to enhance security of the executive mansion.
“While these features may well be beneficial, Defendants have not provided any national security justification for why these features must be installed immediately such that they should be excluded from the scope of the injunction,” Leon said, noting the appeals court panel’s own presumption that it would likely take months, if not years, for those upgrades to be completed.
Leon concluded his opinion by saying he has “no desire or intention to be dragooned into the role of construction manager,” and trusts that Trump and his aides will implement his ruling “in good faith and with the benefit of this clarification.”
Pointing to his latest stay, which is now set to expire next Thursday, Leon warned in a footnote that “any above-ground construction over the next seven days that is not in compliance with my Amended Order is at risk of being taken down pending the resolution of this case.”
The Trump administration filed a notice of appeal to the D.C. Circuit court following the judge’s revised order Thursday.
Trump also blasted Leon’s clarification in a social media post Thursday afternoon.
“This highly political Judge, and his illegal overreach, is out of control, and costing our Nation greatly,” Trump wrote.
Saying that the ballroom project will include “Bomb Shelters, a State of the Art Hospital and Medical Facilities, Protective Partitioning, Top Secret Military Installations, Structures, and Equipment, Protective Missile Resistant Steel, Columns, Roofs, and Beams, Drone Proof Ceilings and Roofs, Military Grade Venting, and Bullet, Ballistic, and Blast Proof Glass,” Trump claimed that Judge Leon’s ruling means that “no future President, living in the White House without this Ballroom, can ever be Safe and Secure at Events, Future Inaugurations, or Global Summits.”
The White House announced the construction of a 90,000-square foot ballroom in late July, and demolition began suddenly on the East Wing in late October when workers were spotted tearing down the wing of the White House.
The National Trust for Historic Preservation filed a lawsuit in December seeking to stop the ballroom construction until the project completes the standard federal review process and the administration seeks public comment on the proposed changes to the White House.
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