Trump administration already preparing for triumphal arch excavations in Washington

Ed Stierli, a representative of the National Parks Conservation Association, said that moving forward with the work before any of the required legal steps is "egregious," Democratic Representative Don Beyer said the project is "not even close to being ready for prime time" and that excavation work would be "plainly illegal without congressional authorization."

Nicolas Sansone, a lawyer for the non-profit Public Citizen representing the plaintiffs, said the organization would respond as quickly as possible. According to him, "We’re frankly befuddled as to what sorts of legal authority the government believes that has to begin on the ground construction of the arch." The plaintiffs include veterans who say the arch would obstruct the view from the Lincoln Memorial to Arlington National Cemetery and Arlington House.

Trump has claimed that congressional approval is not needed. The administration cites a 1925 congressional authorization to erect columns near the proposed location, but those columns were never built. The Department of Justice is asking the court to dismiss the lawsuit and wrote in a Thursday court filing: "Plaintiffs cannot establish standing based on desires to view Arlington House or the Lincoln Memorial."