Judge who halted White House ballroom construction allows national security work to proceed at site

Government lawyers had argued that the project includes critical security features to guard against a range of possible threats, such as drones, ballistic missiles and biohazards.

Leon had barred work from proceeding without congressional approval, but his March 31 order suspended enforcement of that order for two weeks. The appeals court extended that stay until Friday, but Leon stayed his latest decision for another week, which gives the administration more time to seek Supreme Court review.

Leon, who was nominated to the bench by Republican President George W. Bush, said he is ordering a stop only to above-ground construction of the planned ballroom, apart from any work needed to cover or secure that part of the project. Otherwise, the Trump administration is free to proceed with construction of any excavations, bunkers, military installations, and medical facilities below the ballroom.

“Defendants argue that the entire ballroom construction project, from tip to tail, falls within the safety-and-security exception and therefore may proceed unabated," the judge wrote. “That is neither a reasonable nor a correct reading of my Order!”

On Saturday, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit said it didn't have enough information to decide how much of the project can be suspended without jeopardizing the safety of the president, his family or the White House staff.

Leon said he recognizes the safety implications of the case, but stressed that “national security is not a blank check to proceed with otherwise unlawful activity.” He also said he has “no desire or intention to be dragooned into the role of construction manager.”

On April 2, two days after Leon's previous ruling, Trump’s ballroom won final approval from the 12-member National Capital Planning Commission, which is charged with approving construction on federal property in the Washington region.

The National Trust for Historic Preservation sued in December, a week after the White House finished demolishing the East Wing for a 90,000-square-foot (8,400-square-meter) ballroom that Trump said would fit 999 people. The administration had said above-ground construction on the ballroom would begin this month.

Trump says the project is funded by private donations, although public money is paying for the bunker construction and security upgrades.