Judge considering argument to block Trump's construction on White House East Wing

A federal judge is considering whether to block construction on the White House's now-demolished East Wing.

What we know:

Judge Richard Leon, a George W. Bush appointee, accused the government of shifting positions and arguments. 

He said it was brazen for the DOJ to call a $400 million, 90,000-square-foot project rebuilding an entire wing of the White House a mere alteration. 

He also suggested the White House was trying to make an end run around Congress, which would typically have authority to approve a project like this — either explicitly through statute or by appropriating funding.

Leon emphasized that the White House is owned by the people, and even Congress has an ownership interest, but the president does not — he is merely a steward of the building.

"Well, the thing that we're concerned about as well is this will impact other buildings in the D.C. Area that are owned by the American people and the processes that were in place are really important and have helped preserve those places for a couple of centuries. And so, a public transparent process that really looks at all the angles is super important in cases like this because this is the people's house. It belongs to every American," said Kim Trent, executive director, National Preservation Partners Network. 

Big picture view:

Trent says this case is being closely watched by preservation groups across the country. 

The National Trust for Historic Preservation in the United States sued back in December to halt construction at the White House. 

They said the project didn't clear legal requirements, including getting congressional approval and conducting an environmental impact assessment. 

The DOJ says Congress already authorized the project by giving the National Park Service broad authority under a law called the National Park Service Organic Act. They also argue that Congress has long given the president authority to alter or improve the White House. 

They point to presidents past, like Gerald Ford's installation of a pool or Lyndon B. Johnson's pergola.

The judge was again skeptical that a project this massive is comparable to a pool or a pergola, suggesting there has really never been anything like it. 

He said he would do his best to get a decision by the end of the month — right before above-ground construction is supposed to begin.

NewsWashington, D.C.