Veterans & National Security · Report · File No. 261102-453
Vietnam veterans group backs off Trump arch brief as Nov. 5 approval vote nears
The head of Vietnam Veterans of America says he was given "inaccurate information" before the group signed a court brief backing President Trump's 250-foot arch near Arlington National Cemetery. A federal planning panel could give final approval Thursday, and construction could start the same day.
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Vietnam Veterans of America (VVA) is one of the country's best-known groups for veterans of that war. It has ended up on both sides of the fight over President Trump's planned 250-foot arch at the entrance to Arlington National Cemetery. Its name went on a court brief supporting the arch. Then its national president told members he had been given "inaccurate information" before the group signed on 23.
The split comes days before a key vote. The National Capital Planning Commission, the federal panel that approves building on federal land in the Washington area, is scheduled to vote on final plans on Thursday, Nov. 5. The administration plans to start building that same day 58.
What the brief said
The brief was filed by six veterans groups, including VVA, the Korean War Veterans Association and the Military Order of the Purple Heart. It argued that the three Vietnam veterans suing to stop the arch do not speak for veterans as a whole, and that they have no legal standing (the right to bring the case) 2. The brief also claimed that most feedback from members supported the arch and painted opponents as a small minority 3.
The White House encouraged veterans groups to sign the brief, according to three people familiar with the effort cited in the original report 23. VVA's president, Tom Burke, later wrote to members that the brief "went further than I anticipated or intended" and that the group's "national commitment to neutrality remains firm" 3. He did not say who gave him the wrong information 3.
From Channel GOPTrump on pardoning officials: "I'd be allowed toDonald Trump · 190 plays · captioned, with the source named
In an Oct. 29 statement, VVA said it supports honoring veterans with memorials but has not endorsed the arch's design and is not campaigning for it. The group admitted that the brief expressly supported construction and said some of its wording went further than intended 1.
Being a veteran gives you the right to an opinion. It doesn't give you the right to speak for every veteran
Some local members are pushing back harder. VVA's Northern Virginia chapter voted unanimously to join a lawsuit against the arch, and its president, Jay Kalner, urged Burke to withdraw the group's support 2. Kalner said chapter and state leaders were never consulted 3. VVA says it has more than 90,000 members 2.
In court: who is paying, and why the rush
On Friday, Oct. 30, U.S. District Judge Tanya Chutkan heard the veterans' request to halt construction. The Justice Department asked her to dismiss the case 4. The plaintiffs are three Vietnam veterans and a historian 4. One of them, Michael Lemmon, called the idea of the arch as a tourist attraction "almost blasphemous." Another, Shaun Byrnes, said he would reconsider being buried at Arlington if it is built 4.
Government lawyer Robert Stander called the arch a "high-priority project" 4. The department also leaned on sworn statements from Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin. Hegseth called the arch "a generational national defense opportunity." Stander did not explain how it would make the country safer 4.
I don't even know who is paying for this thing,
Chutkan seemed doubtful about the security argument. She noted that the arch is "going to be completed three years from now" 4. She said at the outset that standing was the most important issue for her to consider. As of this report, no ruling had been announced. In September, Trump said on Truth Social that the arch would house drones and snipers. The final plans sent to the planning commission do not include those features 5.
Virginia and D.C. join the fight
On Saturday, Oct. 31, Virginia and the District of Columbia filed their own federal lawsuit. They argue the arch breaks several laws, including the Height of Buildings Act, which limits building heights in most of the capital to 130 feet 56. They also allege the administration is violating the Commemorative Works Act by bypassing specific congressional authorization 5. The White House called the arch an iconic landmark and a gateway to the cemetery but did not respond to questions about the lawsuit 5.
President Trump’s illegal vanity project is an affront to this hallowed ground
The administration says a 1925 law that set up a now-defunct commission to build the Arlington Memorial Bridge counts as approval from Congress. Opponents disagree 9.
A shadow over graves
The veterans group VoteVets, which opposes the arch, ran its own study. It found that more than 50,000 mapped graves would fall in the arch's shadow at sunrise at some point during the year 7. That includes President John F. Kennedy's grave and the Eternal Flame, which would lose the full rising sun for about 29 minutes a year, spread over 17 mornings 7. A separate Washington Post analysis also found the arch would cast shadows on graves 2.
That matters because what happens this week is hard to undo. The arch design has already been approved by the Commission of Fine Arts, a review panel whose members Trump appointed. The planning commission gave preliminary approval in July 7. If the panel signs off Thursday and no judge steps in, the government says work could begin right away 48.
The pattern is familiar. The White House encouraged veterans' groups to sign a brief supporting the arch, and the people who filled out Arlington's sections are once again stuck arguing over who gets to speak for them. Burke's own statement put it simply: veterans are divided, and no one group speaks for all of them 1.
The Record
- Judge Tanya Chutkan orders the administration to give at least 48 hours' notice before any activity at the arch site 9.
- Vietnam Veterans of America says it has not endorsed the arch's design and that the pro-arch brief's wording went further than intended 1.
- Chutkan hears Vietnam veterans' request to halt construction. The Justice Department cites a declaration from Defense Secretary Hegseth 4.
- Virginia and the District of Columbia sue to block the arch 5.
- The National Capital Planning Commission is scheduled to vote on final plans, and the administration plans to start construction the same day 5.
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Sources
- Vietnam Veterans of America (EIN Presswire), “Vietnam Veterans of America Clarifies Position on Proposed Triumphal Arch” (2026-10-29). einpresswire.com/article/953166568/vietnam-veterans-of-ameri
- The Spokesman-Review (Washington Post), “Decision to endorse Trump's arch roils Vietnam Veterans association” (2026-10-30). spokesman.com/stories/2026/oct/30/decision-to-endorse-trumps
- Raw Story, “Veterans chief blasts 'inaccurate' White House legal brief ahead of Trump arch court date” (2026-10-29). rawstory.com/trump-arch-2678167889/
- CBS News, “Judge skeptical of administration's defense of Trump's proposed arch” (2026-10-30). cbsnews.com/news/trump-arch-arguments-judge-hearing/
- NBC News, “Virginia and D.C. sue to stop proposed Trump arch” (2026-10-31). nbcnews.com/politics/white-house/dc-virginia-lawsuit-stop-pr
- UPI, “D.C., Virginia file suit to block Trump's arch project” (2026-10-31). upi.com/Top_News/US/2026/10/31/washington-dc-virginia-lawsui
- VoteVets, “Trump's Arch Would Cast Its Shadow Over JFK and More Than 50,000 Graves at Arlington” (2026-10-27). voteveterans.substack.com/p/trumps-arch-would-cast-its-shado
- Washington Examiner, “Trump admin waits on final approval for arch ground breaking in early November” (2026-10-22). washingtonexaminer.com/news/white-house/4776347/trump-move-a
- Reuters (via AOL), “Judge reinforces order barring immediate work on Trump arch in Washington” (2026-09-04). aol.com/articles/opponents-seek-block-us-breaking-181815000.
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