A federal judge is considering whether to stop construction of a 250-foot arch proposed by President Donald Trump near Arlington National Cemetery after challenging the administration’s national security rationale.
At a hearing Friday, U.S. District Judge Tanya S. Chutkan expressed skepticism about that justification and questioned how a tourist attraction near the nation’s capital could help protect the president.
“Will the ark somehow deter assassination attempts against the president?” Chutkan scoffed, responding to the administration’s claims that the structure would serve a security function.
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She also questioned the administration’s urgency, asking, “What’s the harm in waiting?” » and “How urgent is it to put this arch in place?” »
Chutkan said she would decide “quickly” whether construction could continue.
The case was brought by three Vietnam War veterans and a historic advocate, who argue that the project lacks explicit authorization from Congress and would negatively impact their experience visiting Arlington National Cemetery. The Justice Department is asking Chutkan to dismiss the suit, arguing that the plaintiffs cannot demonstrate sufficient harm to establish legal capacity.
The Trump administration hopes to get approval from a federal review panel on Nov. 5, which would allow construction to begin immediately thereafter, if Chutkan doesn’t block the project.
News week has contacted the White House for comment.
Judge Challenges Trump’s National Security Argument
At Friday’s hearing, Deputy Attorney General Robert Stander defended the administration’s plans, calling the proposed arch “absolutely a high-profile project” and arguing that delays would hurt the government.
The administration also cited national security considerations to defend the project. In court filings this week, senior officials argued the ark could help defend the Washington region, citing assassination attempts against Trump.
However, Chutkan pressed Stander to explain how the structure could serve as both a major tourist attraction and a military asset. The government has described the arch as a potential destination that could attract thousands of visitors every day.
Stander said he could not provide more details about how the ark would be used for national security purposes, explaining that he and his legal team only recently learned of the potential military role after Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin submitted statements this week.
“The Ark is a generational national defense opportunity to mitigate these evolving threats,” Hegseth said in a legal brief filed Wednesday. “It will be used as a dual-use structure: a major national monument that also incorporates military utility to support territorial defense.”
“This is the first time we’ve had this information,” Stander told the judge.
Chutkan questioned why the administration was unwilling to address the implications, especially after Trump announced last month that the site would be used as a military complex.
“We’re not talking about cafeteria projects,” she said.
The judge also raised concerns about the possibility of storing munitions and drones at a busy tourist attraction near the flight path to Ronald Reagan Washington National Airport if the ark were to be used for “dual use,” calling the problems “serious.”
Stander argued that the court should wait until the administration makes the agency’s final decision, which could come on Nov. 5, the same day construction could potentially begin.
Chutkan appeared reluctant to allow the project to move forward until he resolved the legal challenge, repeatedly referencing previous Trump construction projects that were the subject of litigation.
Veterans Challenge Trump’s Arlington Arch
The lawsuit was filed by three Vietnam War veterans and a historic advocate represented by Public Citizen.
They argue that the proposed structure would harm their ability to visit and experience Arlington National Cemetery and that the administration cannot proceed without explicit authorization from Congress.
At Friday’s hearing, Navy veteran Shaun Byrnes said construction of the arch would fundamentally change his relationship with the cemetery.
Byrnes told the court he would no longer want to be buried in Arlington if the structure were built nearby.
“I don’t want to be part of this,” he said.
The plaintiffs urged Chutkan to block the project before construction begins, arguing that allowing work to continue could make it difficult to overturn possible violations of the law.
In a court filing Thursday evening, their lawyers warned: “Time and time again, this administration has demonstrated that, if left unchecked, it will take irreversible steps to make its pet illegal projects a fait accompli.” »
The Justice Department has drawn comparisons to the litigation over Trump’s proposed White House ballroom, arguing that the plaintiffs cannot demonstrate the type of direct harm needed to challenge the project.
But Chutkan distinguished the cases, noting that veterans involved in the current lawsuit regularly visit the cemetery and say the imposing structure would alter their experience of the site.
“The ballroom case differs in important ways,” she said.
She also pointed out that construction of the ballroom had already begun when this matter was pending, while work on the proposed arch had not yet begun.
DC leaders consider their own lawsuit
The legal challenge isn’t the only obstacle facing Trump’s proposal.
Government leaders in Washington, D.C., are considering filing a separate lawsuit to block the project, three people familiar with the discussions said. The Washington Post.
City officials reportedly privately discussed whether the 250-foot structure was illegal because it did not receive congressional approval. They also considered raising concerns about potential disruption and harm to local residents.
A complaint could be filed as early as Friday, according to the report.
News week contacted the DC Attorney General’s office and Mayor Muriel Bowser’s office for comment.
The proposed arch faced opposition from Arlington County, parks advocates, architects, Democratic members of Congress and other groups.
The White House encouraged several veterans’ organizations to support the project, presenting it as a tribute to military service. However, the largest of these groups, Vietnam Veterans of America, has since faced internal disagreement over this endorsement, with its president saying the organization was neutral on the proposal.
Contact Newsweek editors about this story: Samantha Beech And Gray R.Thomas
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