Trump Files Amicus Brief To Stop Biden’s Border Wall ‘Fire Sale’

 President-elect Donald Trump has filed an amicus brief in a Texas court calling on a federal judge to “immediately stop any ongoing sale of border-barrier materials” until an investigation of the Biden administration’s conduct regarding the border wall is complete, according to a copy of the brief obtained by The Daily Wire.

The brief, written for Trump by attorney John Sauer, who is poised to be Trump’s solicitor general in his second term, cites The Daily Wire’s exclusive report on video showing the Biden administration moving large quantities of border wall material off the southern border to be sold off to private parties in an auction.

“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 writes. “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 Daily Wire’s December 12 report found that the material was being hauled off by private contractors to an auction site, where bidding for entire segments of unconstructed wall started at just $5. Trump said at a press conference this week that the outgoing administration “is trying to sell it for five cents on the dollar knowing that we’re getting ready to put it up.”

Steven Cheung, Trump’s top spokesman, said Trump filed the brief because of the Biden administration’s “egregious history of violating the law.”

“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,” Cheung said. “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.”

 

“President Trump will not be deterred from Building the Wall, securing our border, and Making America Great Again,” he added.

The amicus brief, filed in the Southern District of Texas, is in reference to cases brought by Texas and Missouri against the Biden administration regarding the sale of wall material. It argues that Trump has made clear his “support for building a system of border barriers at the southwestern border” and that “building the border wall is the clear and emphatic policy of the incoming Trump Administration.”

“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 states.

“President Trump has a paramount interest in preventing any unlawful sell-off of border wall materials that may be occurring,” it says. “One of President Trump’s dominant priorities for the next four years—building the border wall—could be unlawfully hampered, delayed, or obstructed by such efforts.”

The brief also references Trump’s mandate to cut out waste, fraud, and abuse, pointing to his creation of the Department of Government Efficiency, or DOGE. An investigation by Sen. Eric Schmitt (R-MO) found that the Biden administration is recouping just 0.02% of the initial cost of the materials in its sale.

The brief also argues that the Biden administration’s argument in defense of the sale — that a provision in the National Defense Authorization Act passed in 2023 authorizes the sale — is wrong. The bill’s provision calls for “a plan to use, transfer, or donate to States on the southern border,” and was written by Republicans with the intent of stopping the administration from selling off border parts, according to congressional sources.

“That language does not mandate or authorize DoD to sell the excess border wall material at a steep discount to private parties,” the brief states.

The brief is in support of legal action taken earlier this week by Texas and Missouri, who also cited The Daily Wire’s reporting in their call for a permanent injunction.

“Videos obtained by The Daily Wire show flatbed trucks hauling massive, unused border wall panels—each weighing over 16,000 pounds—away from construction sites in Arizona to government auction yards,” the filing reads before quoting a border patrol agent who blew the whistle to The Daily Wire. “The stated goal? Clear it all out ‘before Christmas.'”

Trump’s brief cites The Daily Wire’s report by James Lalino as an authority in the case. You can read the full amicus brief below.

Donald Trump’s Border Wall Amicus Brief by Daily Wire Investigations Team on Scribd