Trump Takes Bold Legal Action Against Biden
On Friday, former President Donald Trump initiated a high-stakes lawsuit to block President Joe Biden from taking a final executive action before leaving office. Trump argued that this move could threaten national security and trigger a surge in illegal immigration.
The lawsuit, joined by Republican attorneys general from Texas and Missouri, aims to halt the Biden administration's efforts to privatize sections of the U.S.-Mexico border wall. Fox News reported that Trump’s attorneys filed an amicus brief on Friday, challenging whether Biden’s actions violated a prior court order. Trump labeled the sale as “possibly criminal.” The filing states: “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.”
Since 2023, the Biden administration has been auctioning sections of the border wall to private companies, enabling them to manage critical infrastructure. Trump has vowed to restore the wall’s construction if he regains power. Biden paused the project during his presidency, leading to what has been described as the largest wave of illegal immigration in U.S. history—a significant issue in the November elections.
The lawsuit alleges Biden is “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.” It further asserts that this “likely constitutes a criminal act, such as a conspiracy to defraud the United States,” and calls the situation “troubling” and potentially criminal.
According to a source speaking to Fox News, the 2024 National Defense Authorization Act requires the Department of Defense to “submit a plan to use, transfer, or donate all remaining wall material purchased with Pentagon funds.” The Department sent this plan to Congress in March. Texas was among the first states granted access to purchase these materials. An official explained, “Through our reutilization, transfer and donation process, nearly 60% of those materials were transferred to authorized recipients, including U.S. Customs and Border Protection and the states of Texas and California.
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, Republican lawmakers have accused Biden of attempting to undermine the incoming Trump-Vance administration by removing control of the border wall project. Senator Bill Hagerty (R-TN) has introduced legislation aimed at halting the ongoing auctions.