DOJ Argues Broad Presidential Powers in White House Renovation Case, Drawing Judicial Skepticism
A DOJ attorney argued in federal court that President Trump has authority to demolish and rebuild federal structures like the White House East Wing without congressional approval, citing general maintenance statutes. When pressed by a judge about hypothetical scenarios, the attorney suggested the government could even bulldoze the Statue of Liberty without court intervention. The case reflects broader disputes over executive power limits, with courts increasingly skeptical of expansive presidential authority claims.
During oral arguments before the U.S. Court of Appeals for the D.C. Circuit, DOJ attorney Yaakov Roth defended the Trump administration's demolition of the White House East Wing and ongoing ballroom construction project. A lower court had previously blocked the project, ruling that no statute authorized such construction without congressional approval. When Judge Patricia Millett posed a hypothetical about bulldozing the Statue of Liberty, Roth stated the government could act without court intervention, prompting audible gasps in the courtroom. The case is part of a pattern in which Trump administration lawyers have made expansive arguments about presidential power—including claims that the president can unilaterally impose tariffs during self-declared emergencies and deploy National Guard troops without clear statutory authority. Courts have been skeptical of these positions, with the Supreme Court previously rejecting similar arguments regarding student loan forgiveness and tariff authority.
What's missing
The article doesn't explain what specific statute the Trump administration cited for the White House renovation authority, or provide the full context of Judge Leon's reasoning beyond the congressional authorization issue. Additionally, it omits details about the timeline of the case and when a decision might be expected.
How coverage differed
The Reason article frames the DOJ's arguments as absurd and constitutionally offensive, emphasizing the 'indignity' faced by government lawyers forced to make 'indefensible claims.' This reflects a libertarian-right skepticism of executive overreach. Other sources would likely present the legal arguments more neutrally without characterizing them as inherently laughable.
What different sources said
- ReasonRight
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
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