SDNY COURTHOUSE, April 2
-- As part of its DC beat,
Inner City Press on April 2 covered the lawsuit seeking
block construction of an arch in Memorial Circle near the
Arlington Memorial Bridge and Arlington National Cemetery:
Judge Tanya Chutkan:
What assurance to I have I will not wake up one morning
and there is construction and an emergency motion?
AUSA: I'm not aware-
Judge Chutkan: I am having a problem with lawyers coming
in saying that. You should prepare
AUSA: The project is
still in the conceptual phase. The fact that the
plaintiffs don't know is a function of when they chose to
file the lawsuit
Judge Chutkan: No, it's a function of that they don't work
in the White House.
Judge Chutkan: The
President's statement on Truth Social or whatever it's
called say he wants this arch by July 4. Mr. Lands of the
Park Service says they will comply. Why won't you submit a
declaration from someone in the White House?
AUSA: Inverts the burden
Judge Chutkan: Could
the President simply order construction to begin at that
site?
AUSA: It's administered by NPS, there would be an action-
Judge Chutkan: Not my question. Does he have the power?
AUSA: Not that I'm aware of
Judge: You're going to stay on message
Judge Chutkan: If
construction moves forward without NPS authorization, is
that final agency action?
AUSA: I'm not sure
Plaintiffs' lawyer: We don't dispute the good faith of Mr
Lands of NPS
Judge: Is injury impending? Or is this like the Musk case,
only possible?
Plaintiffs' lawyer:
There is precedent of this President moving forward with
construction on National Parks Service land-
Judge Chutkan: Are you asking for an injunction based on
the absence of evidence?
P: No, based on the President's public statements
Plaintiffs' lawyer: The
ballroom project is also on National Parks Service land.
The President has said that the arch is Vince Haley's
thing.
Judge Chutkan: If we hadn't had the whole ballroom thing,
this might be academic
Judge: I've asked for a
declaration from someone at the White House, or from the
Chief Executive, that is under advisement it seems
Plaintiffs' lawyer: Given the ballroom precedent, we
cannot rely-
Judge: We are in unique times, I'll grant you that
Judge Chutkan: What
kind of declaration, and from whom, would be necessary at
this stage of the litigation?
Plaintiffs' lawyer: Some in the position to know...
Judge: Aesthetic harm is cognizable under Lujan. But you
also say it disrespects Veterans.
Plaintiffs' lawyer:
Their political views effects how it impacts them. But we
are not relying on the message that the arch communicates.
Judge Chutkan: Mr. Lemmon says he plans to be buried there
- does that confer standing?
P: He is connected to the space
Docketed: Minute Entry
for proceedings held before Judge Tanya S. Chutkan: Motion
Hearing held on 4/2/2026 re 7 MOTION for Preliminary
Injunction . The Court hears oral argument. Orders,
"confer and file a joint status report by 5pm on April 3
indicating whether Defendants will seek National Park
Service authorization and abide by applicable
congressional approval and statutory review requirements
before beginning construction."
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