EXCLUSIVE: Trump's Reflecting Pool Faces New Legal Battle as Cultural Landscape Foundation Seeks Emergency Access Before Repairs Erase Key Evidence in Lawsuit
The Lincoln Memorial Reflecting Pool is seen as the Cultural Landscape Foundation seeks court approval to inspect and photograph the basin before additional work is completed.
July 22 2026, Published 7:21 p.m. ET
A nonprofit organization, which focuses on educating the public about cultural landscapes, has asked a federal judge to grant emergency access to the Lincoln Memorial Reflecting Pool before additional repairs permanently alter what it says is key evidence in its ongoing lawsuit, RadarOnline.com can exclusively reveal.
According to court documents obtained by us, The Cultural Landscape Foundation (TCLF) filed a motion Thursday, July 16, seeking limited expedited discovery that would allow attorneys and experts to temporarily inspect and photograph the Reflecting Pool basin before the National Park Service completes additional repairs and refills it with water.
Group Fights To Preserve Evidence
Workers conduct operations at the Lincoln Memorial Reflecting Pool as the site remains at the center of an ongoing federal lawsuit.
The organization argued the basin is currently exposed after being drained for repairs, creating what it described as a "unique but temporary opportunity" to document its condition before additional work is completed. Once repairs are finished and the pool is refilled, TCLF argued, potentially relevant evidence could be permanently lost.
Rather than seeking broad discovery, the motion asks the court to grant temporary access to the publicly owned site so attorneys, investigators and experts can inspect and photograph the basin, arguing the request is narrowly tailored to preserve evidence central to the litigation.
Radar previously reported on TCLF's lawsuit challenging the resurfacing project, which alleges federal officials failed to follow required historic preservation and environmental review procedures before altering one of the nation’s most recognizable landmarks.
Founder Defends Emergency Court Request
The Foundation wants temporary court-approved access to inspect the exposed basin before additional work is completed.
During an interview with Radar, TCLF founder and CEO Charles Birnbaum said the organization is seeking access so it can independently document the Reflecting Pool's current condition before additional work changes the site.
Birnbaum also told Radar he believes "the required review process was not followed before work" on the Reflecting Pool moved forward, an issue he said "lies at the heart of the lawsuit".
The latest filing comes as the U.S. Department of Justice pushes back against the case.
Justice Department Seeks Case Dismissal
TCLF founder and CEO Charles Birnbaum said the organization is seeking access so it can independently document the Reflecting Pool's current condition.
In a separate motion filed Friday, July 17, government attorneys asked the court to dismiss the lawsuit, arguing neither Birnbaum nor the Foundation has legal standing to pursue the claims.
The Justice Department argued Birnbaum's alleged aesthetic concerns about the Reflecting Pool do not constitute a legally recognizable injury and contended the Foundation cannot establish standing based solely on its desire to participate in the federal review process.
Government attorneys also defended the National Park Service's handling of the project, arguing the agency properly relied on a streamlined review process authorized under an existing programmatic agreement when it resurfaced the basin.
Repairs Trigger Escalating Legal Fight
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TCLF argues time is running out to independently document the basin before its current condition is permanently altered.
The dispute stems from the National Park Service's decision to resurface the Reflecting Pool earlier this year.
Following criticism and reported problems after the work was completed, the pool was drained again so additional repairs could be made.
Now, with those repairs underway, TCLF argues time is running out to independently document the basin before its current condition is permanently altered.
The case remains pending before U.S. District Judge Carl J. Nichols in the U.S. District Court for the District of Columbia.
