In response, the university filed lawsuits and is requesting summary judgement, a swift decision based on established facts without a full trial.
Monday’s hearing will be held in front of US District Judge Allison Burroughs, who has already made several interim rulings in favour of Harvard in a separate lawsuit over the foreign student visa system.
Although a ruling immediately after the one-day hearing is unlikely, Harvard lawyers have asked for a decision by 3 September, the deadline the Trump administration has given to Harvard to wind up its financial obligations with regards to federal grants.
Any ruling in the case is likely to be appealed and could end up in front of the US Supreme Court.
In a briefing filed in June, Harvard’s lawyers argued that the White House is in violation of the free speech provisions of the US Constitution by infringing on the university’s right “to decide what to teach, to express certain views, and to petition the courts to defend itself.”
The university also argues that the administration has failed to follow rules about suspending federal funds and that its actions are punitive and “bear no rational connection to the concerns they purport to address”.
Lawyers for the US Justice Department responded by arguing in a filing that funding comes with “explicit conditions” requiring support of government policies.
“If [universities] fail to meet these conditions, the grants are subject to cancellation,” government lawyers wrote.
Justice Department lawyers also want the case moved to the Federal Court of Claims, which deals only with financial lawsuits against the US federal government.
President Trump has suggested his actions against Harvard are part of a negotiating strategy, at one point saying “I think we’re probably going to settle with Harvard”. In a statement, a White House spokesman: “We are confident that Harvard will eventually come around and support the president’s vision, and through good-faith conversations and negotiations, a good deal is more than possible.”
