Trump files amicus brief to ‘immediately’ stop border wall sale to Biden, says conduct is ‘possibly criminal’

President-elect Trump filed an amicus brief Thursday afternoon in support of a legal effort by Texas and Missouri to “immediately” halt the sale of border wall materials by the Biden administration, saying the action is “possibly criminal.”

Texas and Missouri filed a motion earlier this week in a district court in the Southern District of Texas to hold a state conference to determine whether the government is in violation of the court’s standing order from earlier this year. That measure prohibited the Biden administration from using the obligated funds wall construction for any purpose other than this.

‘PATTERN OF DISCREDIT’: RED STATES SEEK COURT ACTION AGAINST BIDEN ADMIN’S ‘SHAME’ BORDER WALL PROVISION

“The Court should issue an order directing Defendants to immediately cease any ongoing sales of border barrier materials to private parties pending the Court’s review of Defendant’s conduct, and the Court should expeditiously conduct a research examination of the Government’s conduct, through formal discovery if necessary, to examine the Government’s compliance with the law, the Constitution and the Court’s requirement,” Trump’s amicus brief states.

The Biden administration has been auctioning off pieces of the border wall since at least 2023, with pieces for sale on auction markets, after abruptly shutting down most border wall construction in 2021.

Those auctions have continued, with border officials telling Fox that the auctions are now weekly and have been for some time. However, the practice made headlines last week when The Daily Wire posted a video showing parts being transported and quoted Border Patrol agents as saying the goal was to clear them before Christmas.

Trump’s amicus brief states that if Biden administration officials are “deliberately selling border wall materials at significant financial loss to the government to obstruct pro-wall policy for Congress and President Trump, that conduct likely to constitute a criminal act, such as a conspiracy to defraud the United States.”

“At a minimum, the reported conduct raises troubling concerns about potentially criminal behavior,” the document states.

GOP SENATOR MOVES TO BLOCK BORDER WALL MATERIAL DISPOSAL TRUSTS Amid Auction Impact

A defense official told Fox News last week that the Pentagon has been eliminating excess wall construction under the National Defense Authorization Act for fiscal year 2024, which required the secretary of Defense submits a plan to use, transfer or donate all remaining wall material purchased. with Pentagon funds. This plan was presented in March.

Border states, including Texas, were first offered this material for purchase before the auction, the official said. The official also said the materials no longer belong to the US government, adding that the Defense Department has no legal authority to recover the material or stop its resale.

“Through our reuse, transfer and donation process, nearly 60 percent of these materials were transferred to authorized recipients, including US Customs and Border Protection and the states of Texas and California,” the official said. “The remaining 40% was sold to GovPlanet under a competitive sales contract process beginning in June 2024. The material currently being sold through GovPlanet’s online auctions no longer belongs to the US Government and the DOD has no legal authority to recover material or stop further resale of material it no longer has.”

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

However, these statements have not stopped the outrage of Republicans, who see the auctions as a measure to prevent the Trump administration from building the wall. Sen. Bill Hagerty, R-Tenn., introduced legislation this week to stop the auctions.

Trump, for his part, said Monday that he had been working with Texas Attorney General Ken Paxton and others to acquire the materials.

“What they’re doing is really an act, it’s almost a criminal act,” he said. “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’s going to cost twice what it cost years ago, and that’s hundreds of millions of dollars because you’re talking about a lot, a lot of wall.”

Paxton said in a statement that Texas will go to court to “prevent any border security materials from being illegally sold and to find out the truth about what the federal government may be doing to subvert the construction of the border wall.”

‘BEING TO HELP’: RED STATE REVEALS PLAN TO BUY BORDER WALL MATERIALS AT AUCTION TO STORAGE FOR TRUMP

“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 act of sabotage by the outgoing administration,” he said.

Texas has said intends to do everything possible to help the incoming administration build the wall on the southern border when Trump takes office.

“The latest attempt by the Biden Administration to block President-elect Donald Trump’s efforts in Texas and to secure the southern border is frankly shameful and demonstrates a continued pattern of disregard for the safety of Texas families and Americans in favor of increasingly disastrous open border policies,” Texas Land Commissioner Dawn Buckingham said in a told Fox News Digital.

Officials said this week they intend to buy the auctioned materials, and Buckingham said he intends to store them on state land for the new administration.

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“I made a promise to use every tool at my disposal from the GLO to secure our border and protect Texans,” Buckingham said in the statement to Fox. “That’s why I’ve offered state leaders and President-elect Donald Trump the opportunity to store any wall panels his incoming administration may acquire on state land. I will never give up the fight to secure our porous southern border and protect our sons and daughters from violent and criminal illegal immigrants.”

Fox News’ Jennifer Griffin contributed to this report.