Judge Mocks Trump’s Arch Security Claim as She Weighs Construction Halt - Newsweek

A federal judge is weighing whether to halt President Donald Trump's proposed 250-foot arch near Arlington National Cemetery, after challenging the administration's national security justification.

During a Friday hearing, U.S. District Judge Tanya S. Chutkan expressed skepticism about the justification and questioned how a tourist attraction near the nation's capital could help protect the president.

"The arch is somehow going to deter assassination attempts on the president?" Chutkan scoffed, responding to the administration's claims that the structure would serve a security function.

She also questioned the administration's urgency, asking: "What is the harm of waiting?" and "What is the rush to put this arch up?"

Chutkan said she would rule "expeditiously" on whether construction can proceed.

The case was brought by three Vietnam War veterans and a historic preservationist, who argue that the project lacks explicit congressional authorization and would negatively affect their experience of visiting Arlington National Cemetery. The Justice Department is asking Chutkan to dismiss the lawsuit, arguing that the plaintiffs cannot demonstrate sufficient harm to establish their legal standing.

The Trump administration hopes to secure approval from a federal review panel on November 5, which would allow construction to begin immediately afterward—if Chutkan does not block the project.

Newsweek has reached out to the White House for comment.

During Friday's hearing, Assistant Attorney General Robert Stander defended the administration's plans, describing the proposed arch as "absolutely a high-profile project" and arguing that delays would cause harm to the government.

The administration has also invoked national security considerations in its defense of the project. In court filings this week, senior officials argued that the arch could help defend the Washington region, citing assassination attempts against Trump.

However, Chutkan pressed Stander to explain how the structure could simultaneously serve as a major tourist attraction and a military asset. The government has described the arch as a potential destination expected to attract thousands of visitors each day.

Stander said he could not provide further details about how the arch would be used for national security purposes, explaining that he and his legal team had only recently learned of the potential military role after Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin submitted declarations this week.

"The arch is a generational national defense opportunity to mitigate these evolving threats," Hegseth said in a legal briefing filed Wednesday. "It will be utilized as a dual-purpose structure: a major national monument that also incorporates military utility to support Homeland defense."

"This is the first time we've had this information," Stander told the judge.

Chutkan questioned why the administration had not been prepared to address the implications, particularly after Trump announced last month that the site would be used as a military complex.

"We're not talking about plans for a cafeteria," she said.

The judge also raised concerns about the possibility of storing ammunition and drones at a heavily visited tourist attraction located near the flight path to Ronald Reagan Washington National Airport if the arch was to be used as "dual-purpose", describing the issues as "serious."

Stander argued that the court should wait until the administration takes final agency action, which could come November 5, the same day construction could potentially begin.

Chutkan appeared reluctant to allow the project to move forward before resolving the legal challenge, repeatedly referencing previous Trump construction projects that have become the subject of litigation.

The lawsuit was brought by three Vietnam War veterans and a historic preservationist 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.

During Friday's hearing, Navy veteran Shaun Byrnes testified that the arch's construction would fundamentally change his relationship with the cemetery.

Byrnes told the court he would no longer want to be buried at Arlington if the structure were built nearby.

"I don't want to be part of that," he said.

The plaintiffs have urged Chutkan to block the project before construction begins, arguing that allowing work to proceed could make it difficult to reverse any eventual legal violations.

In a court filing Thursday night, their lawyers warned: "Time and time again, this Administration has demonstrated that, if not enjoined from doing so, it will take irreversible steps to render its unlawful pet projects a fait accompli."

The Justice Department has drawn comparisons with litigation over Trump's proposed White House ballroom, arguing that the plaintiffs cannot demonstrate the type of direct harm necessary to challenge the project.

But Chutkan distinguished the cases, noting that the veterans in the current lawsuit regularly visit the cemetery and say the towering structure would alter their experience of the site.

"The ballroom case differs in significant respects," she said.

She also pointed out that construction on the ballroom had already begun when that case was being litigated, while work on the proposed arch has yet to start.

The legal challenge is not the only obstacle facing Trump's proposed arch.

Washington, D.C., government leaders are considering filing a separate lawsuit to block the project, three people familiar with the discussions told The Washington Post.

City officials have reportedly privately discussed arguing that the 250-foot structure is unlawful because it has not received congressional approval. They have also considered raising concerns about potential disruption and harm to local residents.

A lawsuit could be filed as soon as Friday, according to the report.

Newsweek has reached out to the D.C. attorney general's office and Mayor Muriel Bowser's office for comment.

The proposed arch has faced opposition from Arlington County, parks advocates, architects, Democratic members of Congress and other groups.

The White House encouraged several veterans organizations to endorse the project, presenting it as a tribute to military service. However, the largest of those groups, Vietnam Veterans of America, has since faced internal disagreement over the endorsement, with its president saying the organization is neutral on the proposal.

Contact Newsweek editors on this story: Samantha Beech and Gray R. Thomas