Shaun Byrnes and Jon Gundersen, both retired military and State Department officials, are challenging a new construction project in Washington. They’ve filed a lawsuit to stop building a 250-foot arch planned for a location between Arlington National Cemetery and the Lincoln Memorial. This lawsuit includes support from another Vietnam veteran and a historian.
Gundersen and Byrnes argue the project lacks proper congressional approval and was expedited. They contend the proposed arch would interfere with the symbolic alignment between the Lincoln Memorial and the Robert E. Lee Memorial, which symbolizes unity following the Civil War. Current designs show the arch would surpass the height of the Lincoln Memorial.
“I think what we’re doing is being loyal to the country. And loyalty can be measured in different ways,” said Gundersen, a retired Army Special Forces officer, to CBS News.
Byrnes, a Vietnam veteran and Navy officer, joined the lawsuit through the Public Citizen Litigation Group, motivated by his respect for soldiers buried in Arlington. He voiced concerns regarding the project’s disrespect towards those who served and did not return home.
The Justice Department has moved to dismiss the case, arguing the plaintiffs lack standing. They pointed to an old congressional plan authorizing two columns symbolizing the North and South, each 166 feet tall. Although no new congressional vote has occurred, administration officials claim prior authorization suffices.
A federal judge recently refused to temporarily block the project’s construction. Gundersen and Byrnes view the arch as a tribute to one individual, President Trump, rather than a commemoration of America’s 250th anniversary. In a past display, Trump indicated the structure would mirror the Arc de Triomphe in Paris and claimed it would be “fantastic.” When questioned by CBS News about whom the arch honors, Trump responded, “Me,” pointing to himself.
The U.S. Commission for Fine Arts recently approved the project, despite public opposition. During a meeting last week, comments opposing the project were unanimous, according to The Associated Press.
Gundersen, who alongside Byrnes played roles in establishing U.S. embassies in post-Soviet countries, compared the arch plans to authoritarian gestures he witnessed abroad. “We know how authoritarian dictatorships work,” said Gundersen, highlighting the lack of rule of law and consent of the governed. He also questioned the proposal to fund the project with private donations, suggesting it could lead to monuments driven by oligarchs seeking favors.
“We have fought for our country. We believe in this country, and we’re going to continue to the end, and I think we can change things,” Gundersen added.

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