Leon said that below-ground work on security measures is exempt from his order suspending above-ground construction. Government lawyers have argued that the project includes critical security features to guard against a range of possible threats, such as drones, ballistic missiles and biohazards.
Leon's latest ruling comes several days after a three-judge panel from the D.C. appeals court instructed him to reconsider the possible national security implications of stopping construction.
In his previous order, Leon barred above-ground work on the ballroom from proceeding without congressional approval. The judge also ruled on March 31 that any construction work that's necessary to ensure the safety and security of the White House is exempt from the scope of the injunction. Leon said he reviewed material that the government privately submitted to him before concluding that halting construction wouldn't jeopardize national security.
Leon had suspended his March 31 order for two weeks. He stayed his latest decision for another week, which gives the administration more time to seek Supreme Court review.
Leon said he is ordering a stop only to the above-ground construction of the planned ballroom, apart from any work needed to cover or secure that part of the project. Otherwise, the Trump administration is free to proceed with the construction of any excavations, bunkers, military installations, and medical facilities below the ballroom.
"Defendants argue that the entire ballroom construction project, from tip to tail, falls within the safety-and-security exception and therefore may proceed unabated," the judge wrote. "That is neither a reasonable nor a correct reading of my Order!"
