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

By Kyle Cheney, Josh Gerstein | 06/05/2026 01:49 PM EDT

Justice Department lawyers said the courts are powerless to intervene in the dispute over the former East Wing.

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)

The White House, including the West Wing and construction of the new ballroom, is seen on Feb. 25. Tom Brenner/AP

A federal appeals court panel expressed skepticism Friday about the Trump administration’s view that courts are powerless to stop the construction of the White House ballroom now that the East Wing had been demolished.

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.

“When did it become a fait accompli?” Judge Patricia Millett asked. “If this were complete lawlessness by the government … it couldn’t be stopped?”

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

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