Michael Lemmon didn’t get a celebratory welcome back to D.C. when he returned from the Vietnam War in 1970. He still grapples with how that felt, even 56 years later.
He often visits Arlington National Cemetery to pay respect to his fellow soldiers. Some days, he walks from his home in D.C. to the Vietnam War Memorial to see the names of his friends on the granite wall. From there, he makes the short trek to the Lincoln Memorial to look over at the cemetery — the final resting place of his comrades, and the place he plans to be buried.
“I personally feel the hurt, the anger … the trauma recede” when he looks over the cemetery, he said during a court hearing Friday. “It means an immense amount to me to be able to do that.”
In what she acknowledged as an unusual move, U.S. District Judge Tanya Chutkan allowed Lemmon to give a short testimony as she considered whether to stop construction of President Donald Trump’s proposed 250-foot arch, which will obstruct the line of sight between the National Mall and the cemetery. Those hearings are usually limited to arguments from lawyers and questions from the presiding judge.
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Lemmon and two fellow Vietnam War veterans filed a lawsuit in February to prevent construction of the arch, arguing that the administration sidestepped congressional approval and that the arch would impede the peaceful atmosphere of the cemetery. Lawyers for the three men asked Chukan, an Obama appointee, to issue a preliminary injunction, arguing in court documents that no harm will come to the government if excavation work is postponed.
Trump administration lawyers on Friday argued the arch is a “high-priority project” and that any postponement would be a “serious infringement on the work of the federal government.”
Robert Stander, deputy assistant attorney general, propped the arch up as a matter of national security at the hearing, referring to recent court affidavits filed by Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin that imply plans to use the arch as a drone defense facility.
“This is a very serious business,” Stander said at the hearing. “We all know there have been assasination attempts on the president. … The arch is a generational national defense opportunity.”
Stander did not answer questions from Chutkan about assertions that the arch would support military operations as outlined in the affidavits.
Chutkan pushed back on the government’s national security justification, which was mentioned in court filings for the first time on Thursday. She said plans to use the arch, which the government has also touted as a tourist destination expected to draw 2,000 to 22,000 daily visitors, for military purposes raises many questions.
Chutkan said she would rule “expeditiously” on whether the project can proceed. She is also expected to rule on whether the three veterans have the standing to pursue the case.
Stander argued the veterans’ objections rested solely upon being offended and disgusted by what the arch stands for, which is not enough of a legal standing to prove real harm and thus grounds for dismissal of the case.
Wendy Liu, a lawyer representing the veterans, said the government’s argument diminished the experience of the veterans who often visit the graves of their friends at Arlington National Cemetery. Each has experienced “profound and personal” moments while paying their respects, which would be “personally taken away” by the arch’s looming presence, Liu said.
For Lemmon, beyond the obstructed view of the cemetery, lawyers argued the arch would put a shadow over a grave he visits often, casting some of his visits in darkness. Lemmon called the planned monument “disrespectful” to what he considers the “sacred territory” of the cemetery.
“The pain is real. The pain is real for us veterans. It’s not just some aesthetic, not just some preference for a view,” he said.” “It is deep in our memory and remembrance.”
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