Craig Crawford

Nine members of the Kennedy family have asked a federal judge to let them join the legal battle against Donald Trump’s proposed 250-foot “triumphal” arch near Arlington National Cemetery. Their complaint: Trump’s monument would cast shadows across Kennedy family graves and disrupt historic views of President John F. Kennedy’s Eternal Flame.

The family includes Kerry Kennedy, Rory Kennedy, Kathleen Kennedy Townsend, former Rep. Joseph P. Kennedy III and Edward M. Kennedy Jr. (Robert F. Kennedy Jr., Trump’s health secretary, did not join the action).

The relatives argue that the arch would permanently diminish the gravesites of JFK, Robert Kennedy, Ethel Kennedy and Edward Kennedy, along with the solemn setting of Arlington National Cemetery. Their lawyers, Norman Eisen and Steve Jonas of Democracy Defenders Fund, contend that the administration lacks congressional authorization for the project.

WHY THIS MATTERS IN COURT

The Kennedy family brings a powerful new argument: personal harm to family graves and memorials.

That could matter at the Supreme Court, which previously allowed Trump’s White House ballroom construction to resume after questioning whether preservation advocates had standing to sue.

Virginia and D.C. already claim direct financial and operational harm from the arch. Now the Kennedys cite threatened shadows and obstructed views at gravesites they regularly visit.

Their filing calls the arch a “permanent denigration” of the gravesites, warning that relatives “would never again be able to appreciate both sites as they always have before.”

WHERE THE CASE STANDS

On November 5, the National Capital Planning Commission approved Trump’s arch 8–4. Less than two hours later, Judge Tanya Chutkan blocked construction for 14 days.

Chutkan questioned the administration’s legal authority to build the monument and recognized potential harm to D.C. and Virginia.

WHAT HAPPENS NEXT

The Kennedys must win permission to join the lawsuit. Meanwhile, Chutkan’s temporary construction ban remains in effect.

Three questions now loom: Did Congress authorize the arch? Will Chutkan extend her construction ban? And could the Supreme Court overturn it, as it did with Trump’s ballroom?

The Kennedys add a fourth: Can a president erect a monument that permanently alters the gravesites of another president and his family?

Trump lost the Senate—and made the loss his own.

GOP Leader John Thune worked to protect the majority, backing candidates he thought could win. Trump overruled him at every turn, most notably in Texas, backing Ken Paxton over incumbent John Cornyn.

Then Trump made other races a loyalty test. And Graham lost South Carolina, Whatley lost North Carolina; Collins lost Georgia; Sununu lost New Hampshire.

The economy and Iran mattered, too. But Trump chose the fights, demanded the loyalty, and left Thune to defend the wreckage. Now he gets the blame.

[Read our real-time thread as we watched history being made] –> “It’s 6 p.m. Eastern. The first polls are closing, and we’re watching for the early returns that could tell us whether a blue wave is building—or whether we’re looking at something bigger.”

Share what you’re seeing, gloat if you’re winning, whine if you’re losing, follow the night with us right here.

Exit Polls (includes early voters)…
Trump Approval 38%
Disapprove 62%

Top 3 Issues:
Economy
Democracy
Immigration

We’ve warned for months that Trump would use federal power to interfere with the election. It is happening now.

Across the country his regime is on the move: threatening prosecutions of election officials who count ballots they don’t want counted, demanding voter rolls they can purge, rejecting ballots ar record rates, and pushing for hand counts to paralyze counties wherever they might lose.

A federal judge in DC has ordered the administration to tell him at Noon today everything they are up to, with an eye toward a likely order forcing them to stop. And it’s all headed to the Supreme Court as soon as tonight.

This maneuver yesterday might be their most ominous move, a scheme to frighten honest election workers everywhere:

DOJ Threatens Election Workers, Opens Criminal Probe

Officials were warned they could face prosecution for counting ballots; Los Angeles County employees have now been subpoenaed.

The Justice Department warned California election officials they could face criminal liability for counting ballots cast by people the administration labels noncitizens. President Trump amplified the threat, saying officials would go to jail. DOJ has since subpoenaed three Los Angeles County election employees for records connected to an official criminal investigation. A judge has urged DOJ to stop threatening election workers.

Associated Press · Reuters · Democracy Docket

SPEAK UP!

REGISTER BEFORE NOON TODAY

Federal planners will consider Trump’s 250-foot “triumphal arch” November 5. The meeting is entirely online, and anyone, anywhere can speak for 3 minutes, but you must register by Noon Today.

Trail Mixers, here’s your chance to get your objections into the official public record

The National Capital Planning Commission is scheduled to consider final approval of Trump’s proposed 250-foot triumphal arch at Memorial Circle, near Arlington National Cemetery, on Thursday, November 5. To address the commission register by NOON EASTERN TODAY, WEDNESDAY, OCTOBER 28.

HOW TO REGISTER

1. Visit the “National Capital Planning Commission’s official registration page“
2. Click Register to Speak at a Meeting.
3. Enter your name and contact information.
4. Select New Monumental Arch from the project menu.
5. Add a brief comment explaining your position and submit your registration.

Individuals generally receive three minutes to speak. Commission staff will send additional instructions about online testimony and scheduling.

Why does that matter? Under the commission’s procedures, a proposed action item with no registered speakers by the early deadline can be moved to a consent calendar and approved without individual presentation or discussion.

Anyone can watch the meeting without registering: “NCPC Official Livestream” (https://www.ncpc.gov/live/)

Asked whether the Justice Department might try to block states from certifying election results, Attorney General Todd Blanche answered, “Yes,” then tried to dismiss it as “some doomsday scenario.” But he clearly refused to rule out federal intervention.

There’s no harm in overreacting to this. There’s more harm in overlooking what they might actually be plotting.

Because this sure sounds like preparing the battlefield and conditioning the public for another bid to overthrow an election.

Speaking with reporters, Blanche was asked whether DOJ might try to block a state from certifying results.

“Yes. Of course there are scenarios that we could all come up with hypothetically — some doomsday scenario, for example,” he responded. “So I don’t think it’s proper to make any kind of conclusory statements about what’s going to happen in the future because I don’t know what’s going to happen in the future. It is not DOJ’s intention — and it’s never our intention — to improperly interfere with elections or the state certification process, but to say that there’s no circumstances that we would ever do that — of course I’m not going to say that.”

“Am I planning my days around the election to be somewhere to not certify? Of course not, no,” he added.

Look at the pieces accumulating before this election: DOJ is demanding state voter data and suing California over ballots it claims could come from noncitizens. Blanche says the department may pursue more election cases. And now he won’t rule out trying to block states from certifying results.

Taken together, these moves look like preparation for a fight over the outcome: seed claims of fraud, put election officials under federal pressure, and keep in view a legal path to challenge or delay certification.