Trump exposed a 'loophole' to demolish the White House East Wing. Here's what we know.
There are few legal restraints to stop a president from bulldozing a part of the White House. All it took was Trump willing to break from tradition.
Joey GarrisonWASHINGTON − President Donald Trump shocked historic preservationists and incensed Democratic opponents with the demolition on the East Wing of the White House this week to make room for a $300 million ballroom he plans to pay for with private dollars.
Demolition crews started on Monday, Oct. 20, by tearing down the East Wing's east entrance. The work expanded to the entire East Wing, historically used as office space for the first lady and her staff. The full demolition is expected to be finished in the coming days, and construction is expected to last throughout most of Trump's second term.
The project has raised questions about whether Trump has the legal authority to decide unilaterally to bulldoze a large chunk of "The People's House" ‒ and to build a 90,000-square foot structure in its place that will tower over the main White House building.
Perhaps surprisingly, there are few legal restraints to stop him. All it took was a president willing to break from the way construction projects on the White House grounds are usually handled.
Here's what we know.
Who owns the White House?
The White House, which was built from 1792 to 1800, is owned by the American people and overseen by the National Park Service. The East Wing, originally known as the East Terrace, was built in 1902 and significantly expanded in 1942.
In addition to the first lady's offices, it contains a bunker underneath the facility, the President Emergency Operations Center, which also is expected to be modernized.
Does White House construction require a sign-off?
The National Historic Preservation Act of 1966 requires reviews of projects that affect most historic buildings, but the White House, Supreme Court building and U.S. Capitol are exempt.
Priya Jain, who chairs a heritage conservation committee at the Society of Architectural Historians, said past White House renovations ‒ even as minor as renovations to a shed ‒ have gone through public review procedures established in the Historic Preservation Act, even though it wasn't required.
"Even if it's not happening formally, we would assume it's happening behind the doors," Jain said, whose organization has called for the demolition to be halted.
But that hasn't been the case with Trump's ballroom plans, which Jain said has exposed a "loophole" in the federal law that should be revisited.
What about the National Capital Planning Commission?
Still, construction projects on the White House campus typically go to review to the National Capital Planning Commission, the central planning agency of the federal government since 1952.
The White House had said it plans to submit the ballroom construction plan to the planning commission ‒ yet it went ahead with the East Wing demolition before doing so.
The White House argues the commission does not have jurisdiction over demolition of a federal building, only the construction. Will Scharf, the Trump-appointed chair of the commission, relayed that position during a public meeting Sept. 4.
"It is, in fact, the case that this commission does not have jurisdiction and it has long denied that it has jurisdiction over demolition and site preparation work on federal buildings and federal property," Scharf said. "What we deal with is essentially construction ‒ vertical build."
Could the planning commission reject the ballroom?
Even though Trump's ballroom eventually will go before the National Capital Planning Commission, the panel lacks clear authority to outright reject projects from the White House.
Under the 1952 law that created the commission, if the federal agency requesting the project does not agree with the commission's views, "the agency may proceed to take action in accordance with its legal responsibilities and authority."
That could effectively make the commission's report on Trump's ballroom a set of recommendations, not a binding decision.
Regardless, the commission is stacked with Trump loyalists. Three of the five appointed members on the 12-member commission are appointed by the president, including Scharf, who is also Trump's White House staff secretary.
In past administrations, plans for some White House projects have also been submitted to a second panel: the seven-member U.S. Commission of Fine Arts, which acts an advisory board on aesthetics and designs. The Trump White House appears to be bypassing this commission, however, when it comes to the ballroom.
Others disagree with White House's position on demolition
Some historic preservationists and past members of the National Capital Planning Commission argue the ballroom designs should have been submitted for review before the teardown began.
"Demolition really cannot be separated from the new construction that follows," Bryan Green, who served on the commission during the Biden administration, told Reuters. "These are linked."
A tennis pavilion on White House grounds completed during Trump's first term went through a review process with the planning commission and the U.S. Commission of Fine Arts, Green said. He added that the shock of the demolition could have been avoided had plans already been formally submitted for Trump's ballroom.
"You don't have the image of a wrecking ball hitting the president's house, one of the most important buildings in our country, by surprise to everyone except a small handful of people," Green told Reuters.
Trump says he was told, 'Sir, you can start tonight'
Trump spent decades in the real estate world building towers and casinos. At a dinner with ballroom donors Oct. 15, he remarked in amazement at the lack of required oversight.
He told a story about two men ‒ whom he did not identify but whom he referred to as "geniuses" ‒ advising him he could begin the project immediately.
"I said, 'How long would it take?' They said, 'Sir, you can start tonight.' I said, 'What are you talking about?'" Trump recounted. "'You have zero zoning conditions, you're the president of …' I said, 'You've got to be kidding. You mean I can actually do something that I really want?' Because I'm used to sitting with heads of community boards and politicians."
Trump breaks pledge not to touch existing building
With the demolition of the White House's East Wing, Trump broke an earlier commitment not to touch the existing White House structure.
"It won't interfere with the current building,” Trump told reporters July 31. “It'll be near it but not touching it and pay total respect to the existing building, which I'm the biggest fan of.”
Explaining the reversal, Trump said Oct. 22 that his team determined the East Wing must be torn down to accommodate the ballroom after consulting with "some of the best architects in the world."
A White House official told USA TODAY the plan was “always subject to vary” as the “process developed.” The official said that before the demolition, a thorough preservation process was conducted to remove and relocate historic items for safekeeping.
How large is the future ballroom?
Historic preservationists have expressed alarm over the size of Trump's ballroom, which is expected to be 90,000 square feet.
That would make it be nearly twice the size of the main part of the White House, which includes the residence.
"We are deeply concerned that the massing and height of the proposed new construction will overwhelm the White House itself," the National Trust for Historic Preservation said in a statement, "and may also permanently disrupt the carefully balanced classical design of the White House with its two smaller, and lower, East and West Wings."
Size and costs grow
Trump originally said the new ballroom would accommodate 650 people, about 200 more than the White House East Room, where presidents have historically held receptions.
But recently Trump increased the capacity to more than 900 people.
The project has also gotten more expensive, from $200 million when Trump announced the project in July to $300 million.
Who is paying for the ballroom?
Trump has repeatedly said he will pay for the ballroom himself with private dollars raised by supporters, corporations and other donors.
The White House has released a list of 37 donors that includes companies like Amazon, Apple, Caterpillar, Coinbase, Google, Comcast, HP, Lockhead Martin, Meta, Microsoft, T-Mobile and Union Pacific Railroad. Donors also include two wealthy Cabinet members: Commerce Secretary Howard Lutnick and his family and Small Business Administrator Kelly Loeffler.
Why does Trump want a ballroom?
Trump has long complained about the lack of a ballroom for large events at the White House.
He has often claimed his predecessors have talked about the lack of a ballroom for "at least 150 years," but it's unclear whom he is referencing. The ballroom, above all, has been a personal priority of Trump's.
“When it rains, it's a disaster. And the tent's a hundred yards. That's more than a football field away from the main entrance,” Trump said on Oct.15. “It's not a pretty sight. The women with their lovely evening gowns, all of their hair all done and they're a mess by the time they get there.”
Trump's Mar-a-Lago resort in Florida has a 20,000-square-foot ballroom. During the 2016 campaign, Trump offered to pay $100 million of his own money to construct a ballroom, but the Obama White House rejected the offer.
Reach Joey Garrison on X @joeygarrison.