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Monday, August 24, 2026 · Page 6 of 12
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Michael Cohen

The Ballroom Battle


Washington let the wrecking ball finish the job before remembering the rules, leaving America with a vanished landmark, a construction crater, and a government unable to agree on what comes next.

I have watched Washington operate this way for decades, and if there is one thing I have learned, it is that politicians seem to believe a strongly worded press release can stop a wrecking ball.

It cannot.

The East Wing is gone. Gone. Reduced to memory, rubble, dust, and a very expensive construction site. Where a piece of American history once stood, there is now a massive hole in the ground, surrounded by rebar and the skeletal beginnings of a multimillion-dollar structure in the backyard of the White House.

And now, after the demolition has happened, the earth has been moved, and the concrete has started going into the ground, Democrats and historic-preservation groups have suddenly discovered the emergency brake.

That is classic Washington political theater. But to me, it exposes something much more serious: the fundamental dysfunction of a government that increasingly confuses litigation with governing.

A divided federal appeals court has ruled that President Donald Trump must halt construction of the roughly $400 million White House ballroom because Congress has not explicitly authorized the project. The White House has predictably blasted the decision as unjust and says it will take the fight directly to the Supreme Court.

Fine.

But I want to step away from the cable-news screaming for a moment and look at what is actually happening.

The two-to-one decision from the D.C. Circuit essentially says the president does not have unilateral authority to construct a roughly 90,000-square-foot venue where the historic East Wing once stood. The judges are saying that whether this massive project should exist is ultimately a question for Congress, not something the executive branch can simply decide on its own.

On paper, I understand the argument.

In fact, I agree with the underlying constitutional principle. Congress controls the purse. Executive power has limits. And conservatives should be extremely careful about cheering executive overreach simply because the person exercising that power happens to be Donald Trump.

But here is where the whole thing becomes almost comically absurd.

The East Wing was demolished last fall.

You cannot un-demolish a building with an injunction.

You cannot order a bulldozer to put the rubble back together. You cannot magically reconstruct historic architecture because a judge has issued an emergency stay. Once the wrecking ball has finished its work, history does not come back because Washington suddenly discovered a procedural objection.

So what exactly are we preserving?

There is no East Wing left to preserve.

What the opposition is effectively fighting over now is whether the White House should be left with an enormous, half-built crater sitting in one of the most recognizable locations on Earth.

That is not preservation. That is litigation after the fact.

Trump, unsurprisingly, reacted with fury. He has pointed to Judge Neomi Rao’s dissent and framed the project as a matter of national security, not merely another venue for lavish state dinners and diplomatic receptions.

And that distinction matters.

The administration argues that the project includes underground bomb shelters, specialized medical facilities, secure military communications infrastructure, and defensive systems designed to address modern threats ranging from ballistic missiles to biological hazards. The military and Secret Service apparently view the project stoppage as a potential security vulnerability.

The opposition sees a political opportunity.

And somewhere between those two positions sits the American taxpayer, who is ultimately going to pay for this mess.

This is where I think conservatives and constitutionalists need to be intellectually honest.

I am deeply uncomfortable with executive overreach. I have spent enough time around powerful people to know exactly how dangerous it becomes when someone starts believing that because they can do something, they are therefore entitled to do it.

The Constitution does not work that way.

If Congress has to authorize a massive federal construction project, then Congress should authorize it. Period.

And conservatives should not suddenly abandon that principle because the president happens to be someone they support.

Imagine, for a moment, a progressive president deciding that Congress was merely an inconvenient obstacle to his or her preferred $400 million project. Imagine that president announcing that legislative approval was unnecessary because the executive branch had found some clever way around the rules.

Republicans would be screaming bloody murder.

And they would be right to do so.

Constitutional guardrails are not supposed to protect us only from presidents we hate. They are supposed to protect us from every president.

But that brings me to the other side of this ridiculous spectacle.

There is something breathtakingly incompetent about using lawsuits as a substitute for governance after the demolition has already happened.

Democrats warned about funding. Historic-preservation groups sued. Judges issued stays and injunctions. Lawyers argued over jurisdiction and congressional authorization.

Meanwhile, the construction site kept changing.

At one point, Federal District Judge Richard Leon allowed underground national-security work to continue while stopping aboveground construction.

Read that again.

We have apparently reached the bureaucratic masterpiece where workers can continue constructing a secret bunker underneath the White House, but the government may be prohibited from completing the structure sitting above it.

What could possibly go wrong?

It is bureaucratic insanity.

And while everyone congratulates themselves on winning the latest procedural battle, the physical reality remains unchanged. The East Wing is still gone. The hole is still there. The money has still been spent. The construction materials are still sitting there. The security requirements have not disappeared.

The National Trust for Historic Preservation celebrated the ruling as a victory for the American people.

I understand why.

But I have to ask the obvious question: what exactly did the American people win?

Did we get the East Wing back?

No.

Did the demolition somehow reverse itself?

No.

Did the construction site disappear?

No.

Did the legal uncertainty disappear?

Absolutely not.

What we appear to have won is a prolonged legal stalemate that could leave the White House surrounded by a construction zone for months, perhaps years.

And that, to me, is the bigger story.

This is not simply about Donald Trump. It is not simply about a ballroom. It is not simply about historic preservation.

It is a warning about how dysfunctional our government has become.

One side uses executive power aggressively. The other side responds with lawsuits. Judges intervene. Politicians issue press releases. Everyone declares victory while the problem sitting in front of them gets worse.

That is not governing.

That is political trench warfare.

Power without restraint creates chaos. But opposition without a practical alternative creates paralysis. And when both sides become so obsessed with defeating the other that they lose sight of reality, the country gets stuck paying for the consequences.

As this case moves toward the Supreme Court, I think the lesson is pretty damn simple.

If you wait until the wrecking ball has finished the job before you start asking whether the wrecking ball was legally authorized, you are already too late.

At that point, you have neither historic preservation nor functional government.

You have an enormous hole in the ground, a mountain of legal bills, hundreds of millions of dollars already committed, and politicians on both sides congratulating themselves for accomplishing absolutely nothing.

Welcome to Washington.

NYA thanks Michael Cohen!