A (White) House Divided: Legal Questions of President Trump’s East Wing Demolition

By: Rachel McCann
Edited by: Payton Hawkins and Hailey Kim

“[T]here's never been a president that was good at ballrooms. I'm good at building things and we’re going to build quickly and on time.” [1]

This assertion was made by President Trump to reporters at the end of July, referring to his plans to build a 90,000 square foot ballroom in the East Wing of the White House. On October 20th, those plans were effectively underway, with residents of Washington D.C. waking up to the sight of major demolition to the East Wing. [2] However, as the piles of rubble have grown, so has criticism of the president’s demolition efforts. Notably, many historians and preservationists have argued that President Trump’s sudden renovation of the East Wing ignored the legal processes intended to protect one the Nation’s most prominent buildings.

The White House has been a pillar of the American presidency since President John Adams moved into 1600 Pennsylvania Avenue in 1800. [3] Specifically, the East Wing has served as an integral part of the historic home since it was built in 1942. For over eighty years, the East Wing has been home to the Office of the First Lady and a bunker used during both World War II and the September 11th attacks. [4] 

Historic federal buildings are protected by numerous statutes in the United States Code, as well as the National Historic Preservation Act (NHPA). Signed into law in 1966 by President Lyndon B. Johnson, this Act was designed to examine the impact of construction projects on historic properties. [5] Additionally, this Act established the American Council on Historic Preservation (ACHP). [6] Section 106 of the NHPA requires “federal agencies to consider the impact of their actions on historic properties and provide the ACHP with an opportunity to comment on projects before implementation.” [7] While reviews under Section 106 do not mandate that agencies secure approval for agency-led and funded projects, it does require that the views of the public are heard during project planning and ensures that the preservation of historic properties is considered in the project planning process. [8] While the NPHA applies to nearly all historical buildings, there are three key exceptions outlined in Section 107 of the Act. Section 107 provides that “[t]he Act is not applicable to the White House, the United States Capitol, the Supreme Court Building and their grounds.” [9] Thus, although the complete demolition of the East Wing would otherwise require assessment by the ACHP under Section 106 of the NPHA, the exceptions listed in Section 107 mean that President Trump did not violate the Act by not undergoing the assessment process.

While President Trump’s actions are not illegal under the NPHA, they do diverge from the best practices accepted by former presidents. Though the addition of the ballroom will be the largest change to the White House since the mid-twentieth century, President Trump is not the first president to make changes to the Executive Residence in recent decades. [10] However, for all of those changes, the former presidents have voluntarily submitted plans to the National Capital Planning Commission before beginning construction, something that President Trump has yet to do. [11]

Established by the National Capital Planning Act of 1952, the National Capital Planning Commission (NCPC) oversees “the development of federal property within the National Capital Region,” which includes the White House. [12] Under 40 U.S.C. §§ 8722(a), (b)(1) and (d), “[t]he National Capital Planning Act requires federal agencies to submit project plans and development proposals for federal property to the Commission for review.” [13] However, ahead of demolition, the NCPC had not received renovation plans from the White House. [14] The last major renovations were done by President Truman, who gutted the White House interior during his term; these were funded by Congressional appropriations and thus required formal oversight by both the NCPC and the Commission of Fine Arts. The Trump administration, by contrast, is funding these renovations through private donors. As a result, they claim that,“[u]nder existing federal law, alterations to the executive residence fall under presidential authority, subject to advisory review by federal planning agencies.” [15] 

However, Trump and his allies argue that “advisory review by federal planning agencies,” like the NCPC, is not needed at the demolition stage of the construction process, as demolition falls outside of the jurisdiction of the NCPC. [16] Will Scharf, the chairman of the Commission and one of President Trump’s top aides, announced in the Commission’s monthly meeting that, “[w]hat we deal with is essentially construction, vertical build.” [17] Many legal scholars assert that separating the demolition process from construction, which is regulated by the NCPC, undermines the purpose of historical preservation and development laws. However, absent new legislation from Congress, these various federal agencies retain only advisory functions that lack leverage to block further demolition by the administration. [18]

In conclusion, while the president’s renovation of the East Wing is exempt from oversight by the American Council on Historic Preservation, much debate remains regarding whether or not oversight by the National Capital Planning Commission is required before demolition. Despite calls from preservationists, it is likely that demolition and construction will continue to move forward unobstructed under President Trump’s expansive executive authority. With very minimal Congressional oversight, few organizations with standing to litigate, and several relevant agencies headed by Trump allies, very few avenues remain to halt the construction of the new $200 million dollar ballroom. [19]

Notes:

1. David Smith, “‘Trump Is a Wrecking Ball’: Behind the President’s $200m Plan to Build a White House Ballroom,” The Guardian, August 7, 2025. 

2. Anna Betts & Coral Murphy Marcos, “White House’s East Wing Partially Demolished as Work Begins on Trump’s $250m Ballroom,” The Guardian, October 20, 2025. 

3. “White House History.” National Archives and Records Administration.

4. Tom Foreman, “The White House’s East Wing Is Now Demolished. Here’s What Was Lost,” CNN, October 26, 2025. 

5. Madeline Halpert, “The Decades-Old Exemption That Lets Trump Reconstruct the White House,” BBC News, October 23, 2025. 

6. “Advisory Council on Historic Preservation,” ACHP, October 15, 1966.  

7. “Advisory Council on Historic Preservation,” ACHP, October 15, 1966.

8.  “Protecting Historic Properties: A Citizen’s Guide to Section 106 Review,” Advisory Council on Historic Preservation.

9. National Historic Preservation Act of 1966 (16 U.S.C. 470).

10. Bryan Gottlieb, “White House Ballroom Build Advances as Oversight Gaps Emerge,” Engineering NewsRecord RSS, October 22, 2025. 

11. Madeline Halpert, “The Decades-Old Exemption That Lets Trump Reconstruct the White House,” BBC News, October 23, 2025. 

12. “Legislative Authorities,” National Capital Planning Commission. 

13. “Legislative Authorities,” National Capital Planning Commission.

14. Madeline Halpert, “The Decades-Old Exemption That Lets Trump Reconstruct the White House,” BBC News, October 23, 2025. 

15. Bryan Gottlieb, “White House Ballroom Build Advances as Oversight Gaps Emerge,” Engineering NewsRecord RSS, October 22, 2025.  

16. “White House Demolition Work Begins as Trump Pushes Ahead with $250m Ballroom Plans,” CBC News, October 23, 2025. 

17. “White House Demolition Work Begins as Trump Pushes Ahead with $250m Ballroom Plans,” CBC News, October 23, 2025. 

18. Bryan Gottlieb, “White House Ballroom Build Advances as Oversight Gaps Emerge,” Engineering NewsRecord RSS, October 22, 2025. 

19. David Smith, “‘Trump Is a Wrecking Ball’: Behind the President’s $200m Plan to Build a White House Ballroom,” The Guardian, August 7, 2025. 

Bibliography:

“Advisory Council on Historic Preservation.” ACHP, October 15, 1966. https://www.achp.gov/digital-library-section-106-landing/national-historic-preservation-act. 

Betts, Anna, and Coral Murphy Marcos. “White House’s East Wing Partially Demolished as Work Begins on Trump’s $250m Ballroom.” The Guardian, October 20, 2025. https://www.theguardian.com/us-news/2025/oct/20/trump-white-house-ballroom-construction. 

Foreman, Tom. “The White House’s East Wing Is Now Demolished. Here’s What Was Lost | CNN Politics.” CNN, October 26, 2025. https://www.cnn.com/2025/10/26/politics/white-house-east-wing-history. 

Gottlieb, Bryan. “White House Ballroom Build Advances as Oversight Gaps Emerge.” Engineering NewsRecord RSS, October 22, 2025. https://www.enr.com/articles/61651-white-house-ballroom-build-advances-as-oversight-gaps-emerge.

Halpert, Madeline. “The Decades-Old Exemption That Lets Trump Reconstruct the White House.” BBC News, October 23, 2025. https://www.bbc.com/news/articles/c397jvrrm4mo. 

“Legislative Authorities.” National Capital Planning Commission. Accessed November 15, 2025. https://www.ncpc.gov/about/authorities/. 

National Historic Preservation Act of 1966 (16 U.S.C. 470). Accessed November 15, 2025. https://www.ntc.blm.gov/krc/system/files/legacy/uploads/2767/National Historic Preservation Act of 1966 (16USC470).pdf. 

“Protecting Historic Properties: A Citizen’s Guide to Section 106 Review.” Advisory Council on Historic Preservation. Accessed November 15, 2025. https://www.achp.gov/sites/default/files/documents/2021-01/CitizenGuide2021_011321.pdf. 

Smith, David. “‘Trump Is a Wrecking Ball’: Behind the President’s $200m Plan to Build a White House Ballroom.” The Guardian, August 7, 2025. https://www.theguardian.com/us-news/2025/aug/07/trump-white-house-ballroom#:~:text=Trump%20told%20reporters%20last%20week%3A,never%20been%20a%20president%20that. 

“White House Demolition Work Begins as Trump Pushes Ahead with $250m Ballroom Plans | CBC News.” CBCnews, October 23, 2025. https://www.cbc.ca/news/world/us-white-house-demolition-trump-ballroom-9.6946487. 

“White House History.” National Archives and Records Administration. Accessed November 15, 2025. https://clintonwhitehouse5.archives.gov/WH/glimpse/top.html#:~:text=It%20was%20not%20until%201800,his%20own%20changes%20and%20additions.