A Justice Department attorney told a federal appeals court on Friday that the Trump administration could theoretically demolish the Statue of Liberty before anyone had the legal standing to sue to stop it, stating that such an action would simply conclude the matter.
The exchange took place during oral arguments before the U.S. Court of Appeals for the D.C. Circuit. The court is currently reviewing President Donald Trump’s $400 million White House ballroom project, which was constructed on the site of the previously demolished East Wing.
During the proceedings, Judge Patricia Millett questioned the government’s legal representative about the limits of executive authority regarding national landmarks.
“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?” Millett asked.
“I think that’s right, yes,” the Department of Justice lawyer responded.
Throughout the ongoing litigation surrounding the ballroom, the administration has maintained the legal position that no individual or group has standing to challenge the project once physical demolition has occurred.
The case reaches the appellate court following a March ruling by U.S. District Judge Richard Leon, who found against the administration.
“No statute comes close to giving the President” the authority to construct the ballroom without explicit congressional approval, Leon wrote in his decision.
The three-judge appellate panel, consisting of Millett, Trump-appointee Neomi Rao, and Biden-appointee Brad Garcia, is now deliberating whether to reinstate Judge Leon’s injunction against the administration.
The conflict over the White House ballroom is one of several recent legal disputes involving alterations to national landmarks. Federal judges are also considering a lawsuit over an administration effort to paint the Lincoln Memorial Reflecting Pool, with plaintiffs alleging the administration bypassed mandatory congressional notification.
In separate actions, a federal judge blocked the administration’s attempt to rename the Kennedy Center, while plans have been drafted for a 250-foot triumphal arch at Memorial Circle near Arlington National Cemetery. RELATED: Trump-Kennedy Fight Ends As D.C. Landmark Forced To Scrub Name Immediately
President Trump has publicly defended the ballroom project as a national security necessity. The president has shared AI-generated renderings of a “DronePort” designed for the structure’s roof, and stated online that Judge Leon would bear responsibility for any potential attack targeting the president.
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