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Because the CBP barely tried to access it? I feel like the CBP was just told to wait them out, like a child. Let Texas have a temper tantrum and wait.
They probably had to wait for the fence cutting equipment anyway. This isn't the DMZ border with North Korea. If there was a pressing reason to do it, it would have already happened.
Like I've said before, if Biden really wants to access it he could just sign the federalization order at 8 AM EST. All the Guard troops would wake up to a direct order to sit their asses down or lose their pensions. By 10 AM Texas time, the fence would be on the ground or the Guard CO would be unlocking the gate.
But that's what Abbott wants to happen so he can escape this dumb situation he created. Biden is trapping him by not taking the bait. Now Texas looks dumb paying money to lose in court. Abbott wants Biden to do something so he can shout "Federal overreach!" and get donations.