The Trump administration has told a federal judge that it is not preparing to begin construction of a proposed triumphal arch near Arlington National Cemetery, despite the Interior Secretary announcing that excavation at the site would start within two weeks.
In a filing on Friday, the US Department of Justice said the planned work would be limited to archaeological excavation required for a historic review. It insisted that the activity did not amount to construction, or demolition in preparation for construction, of the 250ft (76m) arch.
The filing also said no final decision had been made to proceed with building the structure, which is planned for Memorial Circle on Columbia Island, between the Lincoln Memorial and Arlington National Cemetery.
The government’s position appeared to contradict an announcement by Doug Burgum, the Interior Secretary, who said on Thursday that excavation for the “Great Triumphal Arch and Military Observation Deck” would begin over the following two weeks.
“We are pleased to announce that after a very long wait (over 125 years!), we are preparing to start, over the next two-week period, the excavation work necessary for the Great Triumphal Arch,” Mr Burgum wrote on social media.
The Department of Justice said the work would involve four test pits to identify archaeological resources beneath existing fill. The excavation is not due to begin before September 21, according to the court filing, and the site is expected to be restored by October 31.
Judge orders notice over Trump arch work
Judge Tanya Chutkan, of the US District Court for the District of Columbia, sought to draw a line between the limited archaeological work and any activity that could amount to construction.
She ordered the administration to give her at least 48 hours’ notice before carrying out anything at Memorial Circle beyond the archaeological investigation. She also reminded officials that an existing order requires 14 days’ notice before construction of the arch begins.
The order followed an emergency request from three Vietnam War veterans and a historic preservationist who are suing to stop the project. They argue that the arch would damage the historic view between the Lincoln Memorial and Arlington House, and that the administration lacks the necessary authority to build it.
The lawsuit was filed in February and remains unresolved. The proposed monument is also awaiting final approval from the National Capital Planning Commission, including an exception to a 130ft building-height limit.
The dispute has placed the court under pressure to reconcile the administration’s public statements with its narrower descriptions of planned work in legal filings. The latest exchange has also heightened concerns among opponents that activity at the site could move ahead before all approvals and legal challenges have been settled.
Judge Chutkan previously secured the administration’s agreement to provide advance notice before construction begins, giving the challengers an opportunity to seek further court intervention.
The White House did not respond to a request for comment on Saturday morning.
