A federal judge is expected to deliver his ruling this month on whether the construction of PresidentDonald Trump's $400 millionWhite House ballroomcan continue after ahistoric preservation group challengedthe project in court.
The ruling could come just before the National Capital Planning Commission, the central planning agency of the federal government, plans to vote on the project. The 12-member commission, the majority of whom are Trump-appointed allies, will hold the public hearing on March 5.
But the judge's verdict won't be the end of the saga.
"I know it will be appealed. Whichever side wins, the other side will appeal," said U.S. District Court Judge Richard J. Leon last month. "So this case is going to go to the DC Circuit, for certain, and, maybe, perhaps even to theSupreme Court. Who knows?"
Detailed renderings reveal the scale of the proposed 89,000-square-foot White House ballroom. The images by Shalom Baranes Associates—later removed from the National Capital Planning Commission's website—show a new East Wing roughly a city block long, longer than the West Wing and more than half the length of the adjacent Treasury Building." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" /> 
See new renderings of massive 89,000-square-foot White House ballroom
Detailed renderings reveal the scale of the proposed 89,000-square-footWhite House ballroom. The images by Shalom Baranes Associates—later removed from the National Capital Planning Commission's website—show a new East Wing roughly a city block long, longer than the West Wing and more than half the length of the adjacent Treasury Building.
At issue is a lawsuit the National Trust for Historic Preservation filed in December against Trump and several federal agencies, asking to halt construction on the 90,000-square-foot ballroom. The non-profit group argued that Trump should have sought Congress's authorization before the demolition of the East Wing.
Trump's team has countered in court that the president did not need approval from lawmakers because the project is not using taxpayer dollars and instead is being funded by private donations.
Trump's project has gone through various changes since the White House first announced its plans in July, includingfinancing, seating capacity and cost.The price tag jumped from $200 million to $400 million, and the ballroom is now expected toaccommodate 1,000 people.
What is the court considering?
Judge Leon, an appointee of President George W. Bush, said there were many "novel" issues at play in the case. He is considering whether the president has the authority to demolish the East Wing and construct the ballroom using a deliberately complicated funding setup with private money while circumventing Congressional authorization.
During last month's hearing, Leon said he also wanted the Trump administration to clearly state what the "dividing line" was between what is permitted and what is not permitted in terms of future construction and demolition in the White House complex.
"I do think if the plan was to just bulldoze the entire White House and build something completely different in its place," it would exceed the scope of presidential authorization for "alteration and improvement," said Jacob Roth, an attorney for the defendants.
"I would hope so," Leon responded, while also noting that the administration had taken a "pretty expansive interpretation of the language."
Roth also described the Executive Mansion as the "core site." He said Congress declared in 1961 by statute that the site was "an important thing to preserve."
Questions swirl around the funding of the ballroom
The Trust for the National Mall, a nonprofit organization, is managing the $400 million in donations for the project.
Donors include American corporations that have business with the U.S. government, including Palantir, Lockheed Martin and Meta, according to a list provided by the White House.
In response to aJanuary letterfrom Sens. Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), Ron Wyden (D-Ore.), Chris Van Hollen (D-Md.), and Ed Markey (D-Mass.), the Trust for the National Mall said that it takes "2 or 2.5%" from each donation received.
Advertisement
For a $400 million in ballroom donations, the Trust will "rake in $8 to $10 million from its fundraising role for Trump's ballroom," the lawmakers said in a separate statement. The Trust has sponsored more than $100 million in restoration projects with the National Park Service since 2007.
"These new details raise even greater concerns about whether Donald Trump's gold-encrusted ballroom has become a vehicle for corruption," said Warren. "We now know the Trust is raking in millions off its Trump ballroom fundraising, and the Trust's board — stacked with business leaders who could benefit from favorable treatment from Trump — specifically agreed to take this on."
Underground bunker and national security concerns
The judge could also rule based on several other factors, including the existence of an underground bunker, which the Trump administration has said is a matter of national security.
Since the 1940's, the East Wing has had an underground bomb shelter built amid concerns of an ariel attack during World War II for the president's safety. Known as the Presidential Emergency Operations Center (PEOC), it is meant to serve as a command center for the president as situations arise.
It was demolished in October to make way for the ballroom. The administration's lawyers have argued that stopping the construction in the middle would create security problems for the president.
In a Jan. 25Truth Social post, Trump said that the lawsuit filed by the National Trust for Historic Preservation had exposed a "Top Secret fact" about the involvement of the U.S. military and Secret Service in several aspects of the project, including design.
The preservation group's lawyers argued that they had no issues with reconstructing the "bunker and the other national security elements." However, they objected to using that as an excuse to continue building the ballroom without approvals.
"I think we would respectfully suggest that that's probably something they should have thought about before they tore it down to begin with," said Thaddeus Heuer, the preservation group's attorney.
Public hearing on the ballroom project
The National Capital Planning Commission is slated to vote on the project on March 5. A virtual public hearing will also be held on the same day, where comments can be made on a first-come-first-serve basis.
At 90,000 square feet of new construction, Trump's project "will overwhelm the White House itself," which is 55,000 square feet, said National Trust President and CEO Carol Quillen, adding: "(The addition) may also permanently disrupt the carefully balanced classical design of the White House with its two smaller, and lower, East and West Wings."
Early site excavation and other construction workfor the ballroom are already underway, which Trump wants ready by January 2029, the end of his second term. He has said he would like to see future presidential inaugurations in the ballroom.
The NCPC said that, given the anticipated "volume of public participation," details on the testimony schedule will be shared soon.
A court filing last month had indicated registration would open on Feb. 12, but the registration has not yet opened.
On Feb. 13, the NCPC also posted new renderings of the East Wing submitted by the architect Shalom Baranes. The renderings showed an imposing new East Wing roughly a city block long, longer than the West Wing and almost completely obfuscating the view of the Treasury Building from the South Lawn.
Swapna Venugopal Ramaswamy is a White House correspondent for USA TODAY.You can follow her on X @SwapnaVenugopal
This article originally appeared on USA TODAY:Trump's White House ballroom construction faces two key moments soon