DOJ argues Trump could 'bulldoze' Statue of Liberty in White House ballroom hearing

The Justice Department argued no one can stop Trump from building the ballroom.

A lawyer for the Justice Department told a federal appeals court panel on Friday that the Trump administration believes the White House ballroom project cannot be stopped by judges, and that even if the president wanted to "bulldoze" the Statue of Liberty, no one could sue to stop him.

"Let me ask you a straightforward question: that this court, the Supreme Court, no court could stop the building of this [ballroom]?" asked Judge Patricia Millett, an Obama appointee.

"Yes," answered Principal Deputy Assistant Attorney General Yaakov Roth.

Roth said the controversial project is "well on its way," with more than 3 million pounds of steel rebar now on site.

"I think it would have been improper to enjoin it, even on day one," Roth said.

Across two hours of oral argument, a panel of three judges on the U.S. Court of Appeals for the D.C. Circuit grappled with the Trump administration's view that laws passed decades ago authorize the building of the ballroom today.

While the court, at times, appeared skeptical that President Donald Trump had the authority to carry out the construction without congressional approval, the panel seemed conflicted about whether the National Trust for Historic Preservation had the right to bring a suit challenging the project.

DOJ attorney Roth argued that the organization lacked standing in part because the court could not correct the alleged harm, since the former East Wing has already been demolished and construction on its replacement is now so far along. That led Judge Millett to rebuke what she called the administration's "move fast and break things" approach.

"If you move fast enough, nobody has standing to challenge it?" she asked.

"I do think that that is correct," Roth said. "The injury, it becomes non-redressable."

When pressed by Millett on a hypothetical circumstance she introduced involving the Statue of Liberty, Roth acknowledged that the same argument would apply if the Trump administration attempted to quickly demolish it.

"If the government decided to move very quickly to bulldoze the Statue of Liberty," Millett began, pointing to a theoretical lawsuit brought by those whose ancestors saw the statue on arrival. "[If] the government moved too fast, nothing can be done?"

"I think that's right, yes," Roth said, in a moment that sparked audible gasps in the courtroom.

The National Trust for Historic Preservation has argued it had the right to sue to block the construction, in part, by citing its congressional charter, which emp