Washington judge freezes work on the arch Trump wants to build
· BehindLines newsroom
Federal judge Tanya Chutkan has suspended all construction work on the triumphal arch Donald Trump wants built in Washington for 14 days. According to CBS News, the temporary restraining order dates from late on Thursday, November 5; Al Jazeera, carrying an Associated Press report, places it on Friday the 6th.
The decision
In a 33-page order, Judge Chutkan writes that the plaintiffs have a good chance of showing that the government did not follow required legal procedures. She also finds that Virginia and the District of Columbia probably have standing to sue, because of "tangible economic harms" tied to traffic problems around the site, CBS reports. Al Jazeera recalls that the administration had said the week before that work could start as early as Thursday; the article does not say what happens once the 14 days end.
The commission vote
On Thursday the National Capital Planning Commission (NCPC) approved the project by 8 votes to 4, after nearly nine hours of public testimony. It had received more than 1,300 comments, mostly opposed, according to CBS. Its executive director, Mark Paoletta, who is also the top lawyer at the Office of Management and Budget, had recommended approval.
The project
The arch would stand 166 feet, topped by three gilded figures for a total height of 250 feet (76 metres). It would be built at Memorial Circle, between the Lincoln Memorial and Arlington National Cemetery, near Reagan airport. The Federal Aviation Administration (FAA) sees "no hazard" to air navigation, provided safety lighting is installed. An observation deck is planned, with the administration estimating 2,000 to 22,400 visitors a day; construction should take three years, and both the cost and who pays remain unclear, according to CBS.
In September, Donald Trump spoke of a "top grade military complex" housing drones and sniper ammunition; NCPC documents mention no military use, and Justice Department lawyers gave no details at an October hearing, CBS reports.
The plaintiffs
A group of Vietnam War veterans, including Michael Lemmon and Shaun Byrnes, brought a suit; according to Al Jazeera, they argue the arch could block the line of sight between Arlington and the Lincoln Memorial. Virginia and the District of Columbia filed a separate challenge in late October. The Justice Department asked the judge to follow the Supreme Court's recent decision on the White House ballroom, which found that the plaintiffs there probably lacked standing; the plaintiffs answer that their case is different.