A few days ago, the D.C. Circuit sent the East Wing case back down to Judge Leon. In my view, the plaintiffs clearly have no standing. Judge Rao's separate opinion cogently explains why.

Judge Leon, undeterred, ruled against Trump again! The White House can continue with "underground" construction but not "aboveground" construction! I suppose Judge Leon is an expert in construction, as he seems to think these two levels can be separated! His new order had fewer exclamation points, but he still declined to address standing. Should this case get to SCOTUS, it will be very easy for the proceduralists to smack down this ruling on standing grounds.

Indeed, even President Trump gets the standing analysis. In a series of social media posts, Trump explains why the plaintiffs in this case lacks standing. I never know how much of Trump's tweets are his and how much come from his lawyers. But at a minimum, these postings (which seem to have been made aboard Air Force One) suggest Trump understands the jurisdictional issues.

Here, Trump points out (correctly) that the only possible plaintiff with an injury is a woman who walks her dog near the White House:

The person who filed the meritless and lawless suit on the desperately needed White House Ballroom, being built as a GIFT to America (without Tax Dollars!), a woman walking her dog, has absolutely NO STANDING to bring such a monumentally important case against our Country. The Trump Hating Judge's opinion is radically different from his first opinion, that was issued weeks ago, while still being unlawful and ambiguous, which never even addressed her COMPLETE lack of Standing. Every Political "Pundit" has said this case is meritless, even a JOKE, but it's not a joke to me, or the people of America. Too much hard work, time, and money spent in order that a Judge can claim that he ruled against "DONALD TRUMP," something which I have gotten very used to, BUT WILL NOT ACCEPT! President DJT

Here Trump points out (correctly) that Judge Leon once again does not even mention standing:

The out of control Trump Hating, Washington, D.C. District Court Judge, who doesn't want to accept a $400 Million Dollar GIFT of one of the most beautiful Ballrooms anywhere in the World, desperately needed by the White House and its future Presidents (Due to time constraints, I will barely get to use it!), wants me to build the "underground" portion of the Ballroom, without the "above ground" portion, but the underground doesn't work, isn't necessary, and would indeed be useless, without the above ground sections. The underground portion is wedded to, and serves, the upper portion, including the Bomb Shelters, a State of the Art Hospital and Medical Facilities, Protective Partitioning, Top Secret Military Installations, Structures, and Equipment, Protective Missile Resistant Steel, Columns, Roofs, and Beams, Drone Proof Ceilings and Roofs, Military Grade Venting, and Bullet, Ballistic, and Blast Proof Glass. It's all tied together as one big, expensive, and very complex unit, which is vital for National Security and Military Operations of the United States of America! The Judge's decision, which doesn't even discuss the vital subject of STANDING, of which the plaintiff has none, severely jeopardizes the lives and welfare of the people who work, and will be working, at the White House — including all future Presidents of the United States, and their families. President DONALD J. TRUMP

During oral argument, Judge Leon apparently refused to discuss standing, and told the lawyer from DOJ to take up standing with the Court of Appeals.

This post goes more to the merits, and explains the underground construction cannot be separated from the aboveground construction. Standing comes in at the end.

The White House doesn't have a Ballroom (No Taxpayer Money!), which Presidents have desperately wanted and desired for over 150 years, but a Trump Hating, Washington, D.C. District Court Judge, a man who has gone out of his way to undermine National Security, and to make sure that this Great Gift to America gets delayed, or doesn't get built, is attempting to prevent future Presidents and World Leaders from having a safe and secure large scale Meeting Place, or Ballroom, one with Bomb Shelters, a State of the Art Hospital and Medical Facilities, Protective Partitioning, Top Secret Military Installations, Structures, and Equipment, Protective Missile Resistant Steel, Columns, Roofs, and Beams, Drone Proof Ceilings and Roofs, Military Grade Venting, and Bullet, Ballistic, and Blast Proof Glass —which all means that no future President, living in the White House without this Ballroom, can ever be Safe and Secure at Events, Future Inaugurations, or Global Summits. This Magnificent Space will allow them to carry out their vital duties as the Leader of our Nation. Furthermore, the Ballroom, which is being constructed on budget and ahead of schedule, is needed now. Almost all material necessary for its construction is being built and/or on its way to the site, ready for installation and erection. Much of it has already been paid for, costing Hundreds of Millions of Dollars. If somebody, especially one with no standing, had a complaint — Why wasn't it filed many months earlier, long before Construction was started? The Public Record was open for all to see. Everybody knew that it was planned, and going to be built. This highly political Judge, and his illegal overreach, is out of control, and costing our Nation greatly. This is a mockery to our Court System! The Ballroom is deeply important to our National Security, and no Judge can be allowed to stop this Historic and Militarily Imperative Project. Thank you for your attention to this matter! President DONALD J. TRUMP

Finally, Trump thinks that Judge Leon works for Chief Judge Boasberg, who was MANDAMUSED.

A Trump Hating Judge, for the first time in History, wants Congress to pay Hundreds of Millions of Dollars for a Glorious Ballroom, instead of accepting Donations from Great American Companies and Citizens. This is a first — In other words, he wants Tax Payers to pay for the Ballroom, instead of Donors and Patriots! The Ballroom is FREE to our Country, A GIFT, and vital for our National Security. This Judge, who works for another Judge who was just MANDAMUSED for the unfair and biased way he treats me, should be ashamed of himself! President DONALD J. TRUMP

Know who can't get mandamused? The President. Say what you will about Trump, but he gets procedure.

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