Latest / NO FILTER / _No identifiable limits__ Federal court strikes down Trump_s sweeping tariffs(MP3_160K)
Transcript
- 0:00Speaker 1: A federal trade court has blocked most of President Trump's
- 0:04Speaker 1: trade tariffs. A three judge panel on the International Court
- 0:08Speaker 1: of Trade yesterday ruled that the president did not have
- 0:12Speaker 1: the authority to impose the sweeping tariffs. The judges found
- 0:17Speaker 1: that Trump's use of the decades old International Emergency Economic
- 0:21Speaker 1: Powers Act did not quote delegate an unbounded tariff authority
- 0:27Speaker 1: to the president, and that Trump's tariffs lacked quote any
- 0:31Speaker 1: identifiable limits. Lawyers for the Trump administration have already said
- 0:37Speaker 1: that they will appeal. A little more Background on the
- 0:40Speaker 1: Court of International Trade, it was established under Article three
- 0:44Speaker 1: of the Constitution. According to its government website, the court
- 0:48Speaker 1: has nationwide jurisdiction over civil actions arising out of the
- 0:53Speaker 1: customs and international trade laws of the United States. Now,
- 0:57Speaker 1: stock futures rose sharply in response. We obviously liked this
- 1:02Speaker 1: yeah to the ruling, with the Dow gaining more than
- 1:04Speaker 1: five hundred points while the tech having Nasdaq added over
- 1:08Speaker 1: four hundred points. So willie an interesting reaction to this ruling.
- 1:14Speaker 2: Yeah, Wall Street does not like tariff, so they like
- 1:16Speaker 2: this ruling. Let's bring in the co host of our
- 1:18Speaker 2: Fourth Hour, contributing writer at the Atlantic Jonathan Lemir and
- 1:21Speaker 2: Calmness and associate editor for The Washington Post. David Ignatius, Guys,
- 1:25Speaker 2: good morning, John. I think people perhaps last night or
- 1:28Speaker 2: this morning just learned that there is a US Court
- 1:30Speaker 2: of International Trade and what jurisdiction it has, but saying
- 1:34Speaker 2: very clearly these terriffs, as imposed through executive orders are
- 1:37Speaker 2: both invalid and contrary to law. The White House we
- 1:41Speaker 2: can expect now to push back hard.
- 1:43Speaker 3: Yeah, we're learning about two new things this court, but
- 1:46Speaker 3: also the International Emergency Economic Powers Act, which is what
- 1:49Speaker 3: Donald Trump's and Trump mistration cited to impose these tariffs
- 1:52Speaker 3: in the first place, in nineteen seventy seven law that
- 1:55Speaker 3: suggests that a national emergency gives a president certain powers
- 1:58Speaker 3: over the economy. What the White House did was put
- 2:01Speaker 3: forth the argument that these trade deficits counted as a
- 2:04Speaker 3: national emergency or the flow of fentanyl over the borders
- 2:07Speaker 3: various justifications. The Court yesterday made it clear that's not
- 2:10Speaker 3: the case, that this was something the President had overstepped
- 2:13Speaker 3: it his bounds, that the tariffs should purview of Congress
- 2:17Speaker 3: and they were cut out of this process entirely, and
- 2:20Speaker 3: that though the President is permitted to continue to tariffs
- 2:23Speaker 3: on specific items like steel and cars and the like.
- 2:27Speaker 3: But he cannot do these broad based national tariffs that
- 2:30Speaker 3: we've seen against China and Mexico and the like. Now,
- 2:34Speaker 3: let's be clear, a lot of these trade deals haven't
- 2:36Speaker 3: been finished yet, so this is unclear how this is
- 2:38Speaker 3: going to upend those negotiations. Trump administration reacted with nothing
- 2:43Speaker 3: short of fury. Last night, Stephen Miller tweeted, the judicial
- 2:47Speaker 3: coup is out of control. I heard I have several
- 2:49Speaker 3: masters here from Trump administration officials saying things along those lines,
- 2:53Speaker 3: suggesting this is another plot by the deep state to
- 2:56Speaker 3: stop this president one here they'll they'll stop at nothing
- 3:00Speaker 3: to blunt his agenda and the like. They think this
- 3:03Speaker 3: is the courts, along with bureaucracy, trying to undermine what
- 3:08Speaker 3: is his signature economic Agendaal well.
- 3:10Speaker 2: Joe, the deep state in this case is a three
- 3:12Speaker 2: judge panel, this International Court of Trade, composed of a
- 3:15Speaker 2: Reagan appointee, an Obama appointee, and a Trump appointee.
- 3:21Speaker 4: I'm not really good at math, but this appears to
- 3:24Speaker 4: be a court that has two thirds of its members
- 3:27Speaker 4: that ruled on this being Republican appointed in. One of
- 3:32Speaker 4: those being a Donald Trump appointee, David Ignatius. All this
- 3:37Speaker 4: talk about the deep state, all this talk about a
- 3:40Speaker 4: judicial coup is again it's of course it's reckless, but
- 3:44Speaker 4: also it just flies in the face of history. Barack
- 3:47Speaker 4: Obama faced this, Joe Biden faced this. Of course, Donald
- 3:51Speaker 4: Trump faced it. Donald Trump's facing it more than others
- 3:55Speaker 4: because Donald Trump deliberately is pushing the boundaries of Article
- 3:59Speaker 4: two powers, which is perfectly fine and legitimate to test
- 4:02Speaker 4: those boundaries. But don't be shocked when you step over
- 4:06Speaker 4: the line and the court pulls you back. And I
- 4:09Speaker 4: want to circle back to this use of emergency powers
- 4:13Speaker 4: just so people understand what's going on here. Donald Trump
- 4:15Speaker 4: did that, I think in the first term. I believe
- 4:17Speaker 4: it was to build the wall. It got snapped back
- 4:20Speaker 4: by the courts there because it wasn't an emergency. And
- 4:24Speaker 4: he's declared two different emergencies now that really, if you
- 4:30Speaker 4: just look historically, don't line up with the definition of
- 4:34Speaker 4: emergencies as compared to the statue. So in the White House,
- 4:39Speaker 4: officials are saying the sort of things that they're saying.
- 4:42Speaker 4: First of all, they're ignoring the clear letter of the
- 4:46Speaker 4: law number one and number two, they're just ignoring history.
- 4:51Speaker 4: Ask Joe Biden about student loan forgiveness.
- 4:55Speaker 1: There.
- 4:56Speaker 4: Supreme Court over you know, brushed us off his executive order.
- 5:01Speaker 4: He had to figure out a way to get a
- 5:04Speaker 4: lot less than he wanted. That's as earth wind and
- 5:07Speaker 4: Fire would sing, that's the way of the world. If
- 5:11Speaker 4: you're Washington, DC. It happens to every president, and so
- 5:16Speaker 4: I hope they'll tone down the really reckless rhetoric towards
- 5:19Speaker 4: these judges who are simply reading the law, reading the Constitution,
- 5:24Speaker 4: and a lot of Trump appointed judges going okay, no,
- 5:29Speaker 4: that's just not what the law says.
- 5:33Speaker 5: So governing by emergency orders is what dictatorships do. They
- 5:39Speaker 5: live in a permanent state of emergency, which basically gives
- 5:42Speaker 5: the executive carte blanche to make changes. Don Trump's hardly
- 5:48Speaker 5: the first president to be frustrated by the courts. Remember
- 5:51Speaker 5: Franklin Roosevelt, as he was trying to enact as sweeping
- 5:55Speaker 5: nebial legislation, got so furious at the Supreme Court. He
- 5:57Speaker 5: wanted to expand the numbers so we have a majority
- 6:01Speaker 5: he could count on to get legal permission to do
- 6:04Speaker 5: all the things he wanted. Thank goodness he was stopped
- 6:07Speaker 5: in that. I do think looking at this trade issue,
- 6:11Speaker 5: I would have thought that a president did have pretty
- 6:14Speaker 5: wide powers to tariff, and that the constraint on that
- 6:18Speaker 5: power has been the financial markets. It's the reaction of
- 6:22Speaker 5: the stock and bond markets that turned Donald Trump around,
- 6:26Speaker 5: not court action. He'd already decided to pull back from
- 6:30Speaker 5: his one hundred and forty five percent tariff on China.
- 6:33Speaker 5: He'd pulled back from his tariffs on the EU, not
- 6:35Speaker 5: because some judge told him to, because the financial market
- 6:39Speaker 5: said thou shalt not is this is unwise economic action.
- 6:43Speaker 5: So we'll see how this works out in the broader sense.
- 6:48Speaker 5: Joined me, we have a big Supreme Court case coming
- 6:51Speaker 5: that will test what are the executive powers of the president,
- 6:55Speaker 5: how are they limited? What among the many things Trump
- 6:58Speaker 5: has done is leeple and what is not? And that
- 7:01Speaker 5: that that case is ahead of us.
- 7:03Speaker 4: Uh.
- 7:04Speaker 5: You know, it's hard to know how this court will rule,
- 7:07Speaker 5: but I'd be surprised if they embraced the idea of
- 7:10Speaker 5: this extraordinary universal uh wheeld a chainsaw executive power that
- 7:16Speaker 5: the Trump musk others in this MAGA group have have
- 7:21Speaker 5: tried to claim