Vietnam veterans suing over Trump’s arch seek court block ahead of groundbreaking

The Vietnam War veterans suing over President Trump’s proposed triumphal arch are seeking an emergency court order to block the administration from pursuing its imminent plans to break ground in the Washington D.C. area.

Veterans Michael Lemmon, Shaun Byrnes, Jon Gundersen — along with architectural historian Calder Loth — filed their temporary restraining order request shortly after Interior Secretary Doug Burgum announced that project excavation would begin within the next two weeks.

Continuing their months-long legal battle with the president, the group is now claiming the Trump administration is unlawfully moving ahead with the arch without receiving necessary approval, namely that of Congress.

“Preserving Congress’s role in authorizing the design and siting of commemorative works and other structures on federal land in our national capital will ensure democratic accountability,” their lawyers wrote Friday.

The four first challenged the project in a February lawsuit attempting to halt efforts to construct the 250-foot arch, which Trump said would be the largest in the world. The National Park Service recently backed its proposed Memorial Circle location — across the Potomac River from the Lincoln Memorial.

Lemmon, Byrnes, Gundersen and Loth also arguing the large arch would obscure historical sightlines between the Lincoln Memorial, Arlington National Cemetery and Arlington House. In early August, the National Park Service (NPS) found the monument would have “adverse effects” on several historic sites as well as the skyline of the nation’s capital.

Their lawyers on Friday accused the administration of trying to move quickly enough to make the arch a “fait accompli” before U.S. District Judge Tanya Chutkan can determine whether the project is lawful.

The administration clarified the work planned for the next two weeks will consist of an archaeological survey involving four test pits to help the NPS comply with preservation requirements, rather than actual construction activity.

“This activity is not construction, or demolition in preparation for construction, of an arch,” the administration said in a legal filing submitted Friday.

Chutkan previously ordered the administration to provide 14 days’ notice before beginning construction.

The arch has received preliminary approval, but not final approval, from the National Capital Planning Commission. A historic preservation review is also underway.