Trump team files amicus brief to support Texas, Missouri suit to block Biden from selling border wall materials

The brief, obtained by the outlet, stated, "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 states. “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.”

The brief was written in support of legal action taken by the states of Texas and Missouri against the federal government to stop the sales of wall materials.

Earlier in the month, it was reported that the Biden administration was racing to sell off the border wall pieces, which were being hauled away in trucks along the southern border. Trump made it clear during his campaign that border security was a day 1 priority for him, and the move appeared to be an effort from the Biden admin to undermine his incoming agenda.

The brief stated in conclusion, "The Court should issue an order directing the Defendants to immediately stop any ongoing sale of border-barrier materials to private parties pending the Court’s review of Defendant’s conduct, and the Court should swiftly conduct a searching examination of the Government’s conduct, by formal discovery if necessary, to examine the Government’s compliance with the law, the Constitution, and the Court’s injunction.

A Biden administration official from the Pentagon attempted to defend the sale of the border wall, arguing that it was in line with the 2024 National Defense Authorization Act, per Fox News. However, the brief argued that the language of the bill "does not mandate or authorize DoD to sell the excess border wall material at a steep discount to private parties."

Trump Brief on Scribd