Lawmakers said in their filing that construction cannot proceed without congressional authorization, and roughly 150 Democratic lawmakers filed an amicus brief in the white house east wing litigation.
The brief, led by Representatives Robert Garcia and Jared Huffman and Senator Sheldon Whitehouse, argues the Constitution grants Congress exclusive control over federal property and that the administration lacks clear authorization and appropriated funds to demolish or rebuild the East Wing.
Lawyers for the Democrats wrote that "The President cannot undertake any construction at the White House much less demolish one of its wings without clear authorization from Congress, as well as an appropriation of funds to do so," and they noted Congress has not approved funding for the project.
The administration has said a statute allowing routine maintenance and repairs justifies the privately funded project, and the filing cites that Congress appropriated about $2.5 million for such repairs even though the planned work has been described as a $400 million demolition and reconstruction.
Legal Status Reactions And Security Claims
The National Trust for Historic Preservation filed a lawsuit late last year and a federal judge ruled in March that construction could not proceed until Congress green-lit the project, though an appellate panel temporarily allowed work to continue and will hear arguments next week.
The acting attorney general Todd Blanche argued in filings that reconstructing the East Wing, which includes a ballroom, kitchen space and secure facilities, is a matter of national security and cited recent shootings to underscore urgency.
Senate Republicans briefly considered adding a measure to provide a billion dollars for ballroom security, but that provision was dropped from a larger GOP bill.
Two ethics groups, Citizens for Responsibility and Ethics in Washington and the Campaign Legal Center, filed a separate amici brief saying accepting ballroom donations from companies and individuals with business before the government presents a conflict of interest, and they urged Congress to appropriate funding as a check against influence.
A consortium of architects and preservationists filed another brief contending the president has no inherent authority to order destruction of historic federal property within a national park and then use private funds to build what they described as a massive, discordant, above-ground ballroom.
Representative Garcia said, "President Trump is building a billion-dollar ballroom. Everyone should be disgusted by his illegal and unconstitutional vanity project. We are fighting this in court," signaling continued legal and political opposition.
