NO AUTHORITY

Radical thought: Trump is a steward for future generations, not an owner.

Friends,

Today, U.S. district judge Richard Leon blocked Trump from proceeding with construction of his $400 million ballroom on the site of the White House’s demolished East Wing. This has halted, at least for now, one of Trump’s most visible efforts to reshape the symbolic center of the federal government’s executive branch.

In a 35-page opinion, Judge Leon — an appointee of Republican President George W. Bush — wrote that Trump likely did not have the authority to make changes to the White House that could endure for generations, without consulting Congress.

This marks, by my calculation, the 89th time since the start of Trump’s second term that a federal judge has ruled that he cannot simply do whatever he wants; his actions must be authorized by Congress.

Focus for a moment on the word authorized. It’s from the Latin auctoritas and auctor — to originate, the originator.

In our system of government, a president is not the originator of power. Power comes from the people. And among the three branches of government, the people are most clearly represented by Congress. This was the founders’ design in the Constitution, which is why the very first article enumerates Congress’s powers.

The decision by Judge Leon puts the ballroom project on hold while the lawsuit continues. When a federal judge grants a preliminary injunction, it means that the judge views it likely that plaintiffs (in this case, the National Trust for Historic Preservation) will prevail on the merits of the case, and that allowing whatever is going on to continue (in this case, construction of Trump’s enormous 90,000-square-foot ballroom) will cause the plaintiffs irreparable harm.

In December, the National Trust sued Trump after he razed the East Wing (originally constructed in 1902 and expanded during Franklin Roosevelt’s presidency) to make way for what Trump says will be the “finest” ballroom in the country.

As designed, that ballroom is larger than the Executive Residence and the West Wing combined. If constructed, it would be the dominant edifice of the White House — symbolically shifting its focus from where the president works and lives to where a president might lavishly entertain, as in a king’s throne room.

Trump has repeatedly emphasized that his ballroom is funded entirely by private donors, so its cost won’t be borne by taxpayers and it doesn’t need a congressional appropriation. He says he’s raised more than $350 million from personal backers and around two dozen tech, cryptocurrency, and defense corporations to fund the structure without government support.

Translated: He’s extorted $350 million from monied interests eager to suck up to him.

But Judge Leon insists this doesn’t give Trump authority to destroy part of the White House and erect a giant ballroom in its place: “No statute comes close to giving the President the authority he claims to have.”

Judge Leon adds: “The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner!” [exclamation included]

The idea that Trump is the steward of anything for future generations rather than an owner must seem odd to Trump. I doubt that the former real-estate developer has ever once thought of the presidency as a stewardship.

Which is why the notion that he’s not authorized to do whatever he wants — raze the White House for a grand ballroom, deploy ICE and Border Patrol agents to terrorize immigrants and murder Americans trying to protect them, attack Iran — is inconceivable to him.

In his first public reaction to the court order, Trump called the National Trust “a Radical Left Group of Lunatics” that’s suing him for a “ballroom that is under budget, ahead of schedule, being built at no cost to the Taxpayer, and will be the finest Building of its kind anywhere in the World.”

To real-estate developer Trump, all that matters is being under budget, ahead of schedule, and at no cost to taxpayers. Even if he demolishes the entire White House and erects a Trump Tower in its place. Even if he extorts every CEO in America to pay for it. Even if he erects a giant arch across the Potomac with his name emblazoned on it.

But the people have not authorized him to do any of this. Which means — as long as we have an independent federal judiciary, and any hope for a Congress that will stand up to him — he cannot.