Trump could also tear down the Statue of Liberty, DOJ argues in defense of White House ballroom

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The White House, including the West Wing and construction of the new ballroom, is seen from the Old Eisenhower Executive Office Building on the White House campus Wednesday, Feb. 25, 2026, in Washington. (AP Photo/Tom Brenner)

Two members of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit repeatedly pressed administration lawyers about its argument that President Donald Trump’s pet project — now well underway — could not be stopped by the courts even if it was found to be illegal, because it was too far along and involved significant national security interests.

“On these theories, I think that’s right,” replied Yaakov Roth, a Justice Department attorney.

Millett, an Obama appointee, peppered Roth with questions about the extent of the Trump administration’s view of its power to “move fast and break things” without being subject to legal challenge.

“If the government decides, very quickly, to bulldoze the Statue of Liberty — the people whose ancestors that was the first thing they saw coming to this country, but the government moved too fast — nothing can be done?” the judge asked.

“I think that’s right, yes,” Roth responded.

A federal judge in March halted construction on the ballroom during the legal battle, but the D.C. Circuit quickly paused the ruling, allowing construction to continue while the litigation is ongoing.

The Friday exchange underscored the Trump administration’s full-throttle effort to defend Trump’s massive reconstruction project, which the president has made clear is a personal priority, along with other aesthetic and architectural ambitions he has across Washington. Millett was joined in her skepticism by Judge Bradley Garcia, a Biden appointee.

Judge Neomi Rao, a Trump appointee, questioned whether the plaintiff in the lawsuit, the National Trust for Historic Preservation, had a basis to sue in the first place, especially when set against Trump’s claim that the ballroom would serve as a critical national security bulwark in addition to an event space.

Roth told the panel that the Trust’s “aesthetic” concerns about the White House must take a back seat to the security issues at stake.

“The balance of harms and public interest are so lopsided in favor of this project,” Roth said. “It’s an architectural preference on one hand and the safety and security of the president of the United States on the other hand.”