WASHINGTON (7News) — A federal judge’s decision blocking the Trump administration‘s attempt to keep FBI headquarters in Washington, D.C., rather than relocating it to Greenbelt, Maryland, could lead to an appeal and a broader constitutional fight over the powers of Congress and the executive branch, a George Washington University law professor told 7News.
Paul Berman, a professor at The George Washington University School of Law, discussed the ruling in an interview with 7News anchor Megan Clarke.
The Trump administration announced last year that the FBI headquarters would move into the Ronald Reagan Building in Washington, D.C., despite a 2023 General Services Administration decision to relocate the campus to Maryland.
RELATED | Federal judge rules Trump administration can’t halt FBI headquarters move to Greenbelt
Berman said federal agencies generally have discretion to change policies from one administration to another. The key difference in the FBI headquarters case, he said, is that Congress enacted statutes in 2022 and 2024 specifying that the GSA could choose among three potential sites.
The Ronald Reagan Building was not among them, Berman said.
“What makes this case different is that Congress was very specific in its statute that only three possible locations were permissible for the GSA to choose among, and the Trump administration is not choosing any of those three,” Berman said.
That transforms the dispute from a disagreement over agency policy into a broader constitutional question involving Congress’ authority to enact laws and the executive branch’s responsibility to follow them, Berman explained.
RELATED | The FBI’s J. Edgar Hoover building in DC is closing permanently, Director Kash Patel says
The ruling does not necessarily mean FBI headquarters will move to Greenbelt anytime soon.
Berman said the Trump administration could appeal the decision, delaying the matter until an appellate court rules. If the lower court ruling is overturned, the administration could potentially move forward with its plan for the Reagan Building.
If the ruling stands, Berman said the administration could choose not to proceed with the headquarters project and wait for a future presidency or Congress to address it.
Congress could also pass a new law authorizing the Reagan Building as the FBI’s headquarters and provide funding for it.
“That could happen, but that requires Congress,” Berman said.
RELATED | Greenbelt mayor looking ahead to what’s next after FBI HQ stays in DC
Berman told 7News the implications could extend beyond the FBI headquarters dispute because the case raises questions about Congress’ “power of the purse.”
The broader issue, he said, is whether an administration can redirect money Congress has allocated for a specific purpose or refuse to spend money lawmakers have designated for a specific purpose.
Berman described that as a larger constitutional question about the balance of power between Congress and the executive branch.
Local Story
