President-elect Donald Trump lodged an amicus brief in support of a legal action by Texas and Missouri.
The states are seeking an immediate halt to the Biden administration's sale of border wall materials, a move Trump has labeled as "possibly criminal."
According to Fox News, Texas and Missouri had earlier in the week filed a motion in a district court in the southern district of Texas. The motion called for a status conference to ascertain whether the government had violated a court's permanent injunction issued earlier this year. The injunction had prohibited the Biden administration from diverting funds allocated for wall construction to other purposes.
Trump's amicus brief urged the court to "issue an order directing the Defendants to immediately stop any ongoing sale of border-barrier materials to private parties pending the Courts review of Defendants conduct." It further called for a thorough examination of the government's conduct, possibly through formal discovery, to scrutinize its compliance with the law, the Constitution, and the court's injunction.
The Biden administration has been selling off border wall parts since at least 2023. The parts were listed for sale on auction marketplaces after the administration abruptly halted most border wall construction in 2021. Border officials informed Fox News that these auctions have been taking place weekly for some time now.
This practice came into the spotlight last week when The Daily Wire released a video showing parts being transported and quoted Border Patrol agents who said the aim was to clear them out before Christmas.
The amicus brief filed by Trump suggests that if Biden administration officials are "deliberately selling off border-wall materials at a major financial loss to the Government to obstruct the pro-wall policy of Congress and President Trump, such conduct likely constitutes a criminal act, such as a conspiracy to defraud the United States."
The filing further states that "at the very least, the reported conduct raises troubling concerns of potentially criminal behavior."
A Defense official informed Fox News that the Pentagon has been disposing of excess wall construction in line with the fiscal year 2024 National Defense Authorization Act. This Act required the Defense secretary to submit a plan to use, transfer, or donate all remaining wall material purchased with Pentagon funds. The plan was submitted in March.
The official further stated that border states, including Texas, were given the first opportunity to purchase the material before it was auctioned. The official clarified that the materials no longer belong to the U.S. government, and the Defense Department has no legal authority to recall the material or halt its further resale.
Despite these statements, Republicans remain outraged, viewing the auctions as an attempt to thwart the Trump administration's efforts to build the wall. Senator Bill Hagerty, a Republican from Tennessee, introduced legislation this week to halt the auctions.
Trump, on his part, stated on Monday that he had been collaborating with Texas Attorney General Ken Paxton and others to acquire the materials. He described the Biden administration's actions as "almost a criminal act," adding that "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."
Paxton, in a statement, said that Texas is going to court to "prevent any border security materials from being unlawfully sold and to find out the truth about what the federal government may be doing to subvert border wall construction."
He added that "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."
Texas has expressed its intention to do everything possible to assist the incoming administration in building the wall at the southern border when Trump assumes office. Texas Land Commissioner Dawn Buckingham, in a statement to Fox News Digital, criticized the Biden administration's attempts to block Texas and President-Elect Donald Trump's efforts to secure the southern border.
She described it as "downright shameful" and indicative of a "continued pattern of disregard for the safety of Texas and American families in favor of increasingly disastrous open border policies."
Officials this week expressed their intention to purchase the auctioned off materials. Buckingham stated that she plans to store it on state land for the new administration. She reiterated her commitment to using "every tool at my disposal from the GLO to secure our border and protect Texans."
She further offered President-elect Donald Trump the opportunity to store any wall panels his incoming administration may acquire on state land, vowing to "never give up the fight to secure our porous southern border and protect our sons and daughters from violent, criminal illegal immigrants."
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