On Friday, President-elect Donald Trump submitted an amicus brief seeking to prevent the Biden administration from proceeding with the auction of border wall materials.
The brief, filed in a Texas court, called for an immediate halt to “any ongoing sale of border-barrier materials” pending a comprehensive investigation into the Biden administration’s handling of the border wall project.
BREAKING: @realDonaldTrump has filed an amicus brief in the Southern District of Texas calling on a federal judge to stop the Biden administration from selling off any more border wall material and examine whether it already broke the law.
— Daily Wire (@realDailyWire) December 20, 2024
Full story to come. pic.twitter.com/luD77PEQ3Q
The Biden administration was previously found auctioning off unfinished border wall components from the first Trump administration, selling them online at extremely low prices in what appeared to be an effort to undermine the incoming Trump administration.
“The outgoing Biden Administration’s reported ‘fire sales’ of border-wall materials to private parties raise grave concerns about the legality of Defendants’ conduct and their compliance with this Court’s permanent injunction in this case,” the brief stated. “The Court should order an immediate stop of all such sales and perform a searching examination of the Government’s conduct–by ordering formal discovery if necessary – to ensure compliance with the Constitution, the law, and the Court’s orders.”
Trump accused President Biden of deliberately sabotaging his border security initiatives, claiming that Biden’s administration “is trying to sell it for five cents on the dollar knowing that we’re getting ready to put it up.”
“Accordingly, President Trump is deeply troubled by recent reports that officials in the Biden Administration have been selling off border-wall materials at rock-bottom prices, especially during this lame-duck period,” the brief continued.
“Any attempt by Biden officials to obstruct President Trump’s plan to build the Border Wall is unlawful, unconstitutional, and possibly criminal, as our brief argues,” stated Steven Cheung, a Trump spokesperson. “The Biden Administration has an egregious history of violating the law, especially in its catastrophic open-border policy, so the courts should review their actions here with particular skepticism.”
The brief highlighted Trump’s mandate to reduce government waste and fraud, referencing an investigation led by Senator Eric Schmitt (R-Mo.). The investigation revealed that the Biden administration is recovering only 0.02% of the initial cost of the materials, bolstering Trump’s claim of intentional sabotage.
Furthermore, Trump’s brief asserts that the Biden administration’s reliance on a provision in the National Defense Authorization Act to justify the sale of the materials is unlawful.
Meanwhile, an unnamed Defense official defended the sale, stating that the Department of Defense has “no legal authority” to halt the resale.
“Texas and California,” said the unnamed Defense official, according to Fox News. “The remaining 40% was sold to GovPlanet under a competitive sales contract process beginning in June 2024. The material currently being sold through GovPlanet online auctions no longer belongs to the U.S. Government, and DOD has no legal authority to recall the material or stop further resale of material it no longer owns.”
Despite this claim, Trump and Republicans continue to voice their outrage, demanding an immediate halt to the auctions.
“What they’re doing is really an act, it’s almost a criminal act,” said Texas Attorney General Ken Paxton. “They know we’re going to use it, and if we don’t have it, we’re going to have to rebuild it. And it’ll cost double what it cost years ago, and that’s hundreds of millions of dollars because you’re talking about a lot of, a lot of wall.”
“President Trump has an overwhelming mandate from the American people to build the wall, and I will do everything in my power to prevent any acts of sabotage by the outgoing administration,” he added.
