U.S. District Judge Tanya Chutkan expressed skepticism Friday regarding the Trump administration’s legal defense for a proposed 250-foot triumphal arch in Washington, D.C. The judge is weighing a request from Vietnam veterans to block construction, which the administration intends to begin as early as Nov. 5.
The Trump administration intends to break ground on Nov. 5 for a massive monument at Memorial Circle, a traffic circle at the western end of the Arlington Memorial Bridge. A coalition of Vietnam veterans and preservationists argue the project is unlawful and lacks necessary congressional approval.
Chutkan Questions National Security Claims
Judge Chutkan pressed Justice Department lawyer Robert Stander during Friday’s hearing on the government’s claim that the arch is necessary for national security. This justification appeared in a Wednesday filing, which reframed the project from a celebratory monument to a military installation.
Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin submitted declarations arguing the structure would protect the capital from drone attacks. Hegseth described the project as a generational national defense opportunity
that could house sensors, communications equipment, and defense capabilities.
Chutkan noted the government’s filings lacked detail and support, asking Stander if the arch was somehow intended to prevent assasination attempts against the president?
Final design plans submitted to the National Capital Planning Commission (NCPC) for its Nov. 5 meeting make no mention of drones, ammunition storage, or sniper mounts.
Veterans Warn of Symbolic and Physical Harm
Vietnam veterans Jon Gundersen, Michael Lemmon, and Shaun Byrnes argue the arch would dishonor their service by looming over the gravesites of Arlington National Cemetery. Michael Lemmon and Shaun Byrnes told Chutkan that the arch construction would impact their experience in visiting graves at Arlington National Cemetery, and said they would be harmed by the arch’s size and purpose.
Computer modeling from the Washington Post indicates the arch would cast shadows over more than 75,000 graves for 284 days a year. The memorial for John F. Kennedy would be shaded on 50 days, with the eternal flame shaded on 18.
Trump Admin asks Judge Tanya Chutkan to lift her order that requires 48-hours notice to court, before any further work on Monumental ArchAdmin argues vets who sued to halt Arch made "manufactured emergency" by "unsupported allegation that construction..would begin imminently"
The Interior Department disputes these findings. Other advocacy groups, including the American Institute of Architects and the National Trust for Historic Preservation, have filed a brief supporting the injunction, claiming the National Park Service ignored federal law and public opposition.
Administration Seeks to Bypass Congress
The plaintiffs argue the executive branch cannot use taxpayer funds for the monument without specific authorization and contend the government is incorrectly relying on 1925 legislation.
The Justice Department argues the 1925 plan, which included columns at the bridge’s end, provides sufficient cover. The plaintiffs point out that the original plan looked very different from the proposed 250-foot Arc de Triomphe-style structure.
The administration has also attempted to dismiss the case by arguing the veterans lack standing, citing a Supreme Court decision regarding a separate project to build a White House ballroom.
Judge Chutkan indicated that the veterans’ deep personal connections to the cemetery might make their case more compelling than the ballroom litigation. She is weighing the issue of standing over the weekend, with a decision expected before the proposed Nov. 5 groundbreaking.
The Justice Department and a group of Vietnam War veterans faced off in a Washington, D.C., courtroom on Friday over the fate of the 250-foot arch that President Trump wants to build between Arlington National Cemetery and the Lincoln Memorial. U.S. District Judge Tanya Chutkan…
Construction Schedule for Nov. 5
- NCPC Review: The National Capital Planning Commission is expected to consider final plans on Nov. 5.
- Interior Department: A final decision authorizing construction must be issued by the Interior Department.
- Court Ruling: Judge Chutkan must decide whether to grant the preliminary injunction requested by the veterans to halt work.
The administration has stated it will break ground on Nov. 5 if the NCPC approves the plans and the court does not intervene.
The Justice Department estimates the finished arch would not be completed until 2030.
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