Latest / NO FILTER / Federal trade court blocks Trump_s sweeping tariffs for exceeding his authority(MP3_160K)

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Federal trade court blocks Trump_s sweeping tariffs for exceeding his authority(MP3_160K) · NO FILTER

• 0:00
  Speaker 1: But we're following some very big breaking news tonight, news
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  Speaker 1: that will come as a big blow to Donald Trump
• 0:04
  Speaker 1: and his agenda. Tonight, a three judge panel in New
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  Speaker 1: York has effectively boked almost all of Trump's disastrous tariffs.
• 0:11
  Speaker 1: Trump's tariffs against Mexico and Canada, his tariffs against the
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  Speaker 1: EU against China, his tariffs against uninhabited islands with nothing
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  Speaker 1: but penguins and snow, they are all blocked by this
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  Speaker 1: federal court decision. It comes out of the United States
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  Speaker 1: Court of International Trade, which is a specialized court you may.
• 0:29
  Speaker 2: Or may not have ever heard of, but it deals
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  Speaker 2: specifically with trade issues.
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  Speaker 1: A three judge panel consisting of one Reagan appointee, one
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  Speaker 1: Obama appointee, and crucially and importantly, one Trump appointee, ruled
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  Speaker 1: unanimously that Trump's trade war is essentially illegal, that he
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  Speaker 1: does not have the authority to enact these sweeping tariffs
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  Speaker 1: on his own. When Trump signed the executive order enacting
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  Speaker 1: these tariffs, he cited something called the International Emergency Economic
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  Speaker 1: Powers Act, a law that gives the president the authority
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  Speaker 1: to use terraces and times of national emergency, and in
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  Speaker 1: their ruling tonight, the judge is right.
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  Speaker 2: Quote. The question is whether the.
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  Speaker 1: International Emergency Economic Powers Act delegates these powers to the
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  Speaker 1: President in the form of authority to impose unlimited tariffs
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  Speaker 1: on goods from nearly every country in the world.
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  Speaker 2: The Court does not read the law.
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  Speaker 1: To confer such unbounded authority and sets aside the challenged
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  Speaker 1: tariffs imposed thereunder. The law does not grant tariff authority
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  Speaker 1: to the President simply when he finds or determines that
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  Speaker 1: an unusual and extraordinary threat exists.
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  Speaker 2: I sense a little snark there.
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  Speaker 1: I appreciate it, But man, when you put it that way,
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  Speaker 1: it all kind of makes a lot of sense.
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  Speaker 2: Doesn't it.
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  Speaker 1: I mean, I'm not an expert in international trade law,
• 1:42
  Speaker 1: but Trump's justifications for these tariffs have always been pretty thin.
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  Speaker 1: As Chris and I were just talking about, trump claims
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  Speaker 1: to tariffs on Canada were to stop fencanyl trafficking, even
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  Speaker 1: though less than one percent of the fensanel we see
• 1:54
  Speaker 1: is that the border comes from Canada, less than one percent. Now,
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  Speaker 1: for the first time, we have a federal court saying
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  Speaker 1: that we all, well we all kind of sort of
• 2:01
  Speaker 1: knew to.
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  Speaker 2: Be true already.
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  Speaker 1: The president's justification for this trade war is bs and
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  Speaker 1: that is not all.
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  Speaker 2: The court tonight.
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  Speaker 1: Also ordered that all of the tariffs Trump has collected
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  Speaker 1: so far be vacated. Just how that will work, especially
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  Speaker 1: from a White House that doesn't.
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  Speaker 2: Exactly abide by every court order, and what that will
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  Speaker 2: all mean? I do not know.
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  Speaker 1: This is just breaking this news in the last couple
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  Speaker 1: of hours, but I have the right person to ask
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  Speaker 1: starting us off tonight, as Arizona Attorney General Chris Mays,
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  Speaker 1: who co led this lawsuit against Donald Trump's tariffs. Attorney
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  Speaker 1: General Mays, thank you for joining us on such short notice.
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  Speaker 1: This all just happened in the last couple of hours,
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  Speaker 1: as you well know. Let me just start because I
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  Speaker 1: think we're all trying to digest this and people at
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  Speaker 1: home are wondering what this exactly means. It's our understanding
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  Speaker 1: that this ruling applies to all tariffs except for the
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  Speaker 1: ones imposed on steel and aluminum first, Is that right?
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  Speaker 2: And can you just give us the scope of the
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  Speaker 2: impact of this ruling tonight?
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  Speaker 3: Sure? Thanks Jenna, Thanks for having me. It's a huge
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  Speaker 3: day for American consumers, for small businesses all throughout this
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  Speaker 3: country who were on the precipice of being absolutely devastated
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  Speaker 3: and harmed by these tariffs, and so we are celebrating this.
• 3:17
  Speaker 3: We like you, are still digesting it. But essentially you're right,
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  Speaker 3: I mean this The Court of International Trade, in a
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  Speaker 3: very thoughtful decision, said that essentially all of the tariffs
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  Speaker 3: that Donald Trump engaged in under IEPA, basically the April tariffs,
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  Speaker 3: are unlawful, and so they are enjoined. They are essentially
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  Speaker 3: enjoined as of tonight as you and I are speaking.
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  Speaker 3: It looks like the Trump administration has made it clear
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  Speaker 3: they're going to try to appeal this decision and they'll
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  Speaker 3: probably seek a stay. But for now, this is good
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  Speaker 3: news for the people of America.
• 4:00
  Speaker 2: No question about it.
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  Speaker 1: I mean, there's been understandable panic concern about costs in
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  Speaker 1: so many areas of goods that people rely on. I
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  Speaker 1: want to get to the legal next steps in a moment,
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  Speaker 1: but I just want to ask. I mean, the three
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  Speaker 1: judge panel also ordered that any tariff payments already collected
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  Speaker 1: be vacated.
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  Speaker 2: Which sounds like it means be paid back. Is that
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  Speaker 2: what it means? And how exactly would that work? Yeah?
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  Speaker 3: I think we're still sorting through that. So I don't
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  Speaker 3: want to be too declarative about that, but yes, essentially
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  Speaker 3: it vacates the tariffs and it joins them from going forward.
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  Speaker 3: So that's why we're expecting Trump to try to appeal
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  Speaker 3: this decision. It'll probably end up at the United States
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  Speaker 3: Supreme Court at some point in the very near future.
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  Speaker 1: So just in the last minutes, right before we came
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  Speaker 1: on air, the Trump administration did file a notice of appeal,
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  Speaker 1: which I'm sure doesn't surprise you as you were just saying.
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  Speaker 1: It also has seemed it's always seemed weird that Donald
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  Speaker 1: Trump just had the unilateral power to wake up and
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  Speaker 1: decide to put tariffs in every country in the world
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  Speaker 1: for whatever.
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  Speaker 2: Reason he decided.
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  Speaker 1: I mean as a lay person, But even with this
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  Speaker 1: appeal being filed and with some of their aggressive responses,
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  Speaker 1: he's also somebody who doesn't really have a history of
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  Speaker 1: complying always with court ruling.
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  Speaker 2: So what happens if he doesn't.
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  Speaker 1: I know, we're just digesting this, but have you thought
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  Speaker 1: about that with the others who filed this lawsuit?
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  Speaker 3: Yeah, no, fair, it's a fair point. And you know,
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  Speaker 3: as you know, the Democratic agees have sued Donald Trump.
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  Speaker 3: Now I think more than twenty times on a couple
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  Speaker 3: of occasions. You were right, he has violated federal court orders.
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  Speaker 3: And what we have done is we have gone back
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  Speaker 3: into the federal court when that happens, and we have
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  Speaker 3: asked for what's called emotion to compel. So I suppose
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  Speaker 3: if they try to continue to collect these tariffs, and
• 6:00
  Speaker 3: they try to continue the tariff schemes despite the Court
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  Speaker 3: of International Trades opinion, we would have to go back
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  Speaker 3: in for emotion to come out. Let's hope that's not necessary,
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  Speaker 3: and let's see what happens next.
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  Speaker 2: We will see.
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  Speaker 1: We'll have to keep talking about it with you and
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  Speaker 1: your other Democratic age's in a statement, they've had a
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  Speaker 1: pretty aggressive response to this is one way to define it.
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  Speaker 1: But I think it's so important to untangle all of this,
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  Speaker 1: and you're the perfect expert to do that with. In
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  Speaker 1: a statement after the ruling, the White House said America's
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  Speaker 1: trade deficits constitute a national emergency and that's up to
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  Speaker 1: the president to decide, not judges. I mean, essentially, the
• 6:37
  Speaker 1: court seemed to say the opposite. But what do you
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  Speaker 1: say to that.
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  Speaker 3: No, that's right. And so there's a couple things here.
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  Speaker 3: Number One, fundamentally, the power to levy tariffs rest with Congress,
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  Speaker 3: right and as you know, nowhere in i EPA does
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  Speaker 3: it even mention the word tariffs. Now, the court in
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  Speaker 3: in its decision didn't say that the president, whoever the
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  Speaker 3: president is, never can levy tariffs under AEPA. But what
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  Speaker 3: the court is saying is the president does not have
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  Speaker 3: unbounded authority to levy these tariffs. And that's what this was.
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  Speaker 3: I mean, he just sort of woke up one day
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  Speaker 3: and decided that he was going to levy tariffs on
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  Speaker 3: Canada and China and Mexico and the worldwide tariffs, and
• 7:27
  Speaker 3: you know, declared that this was all based on fentanyl. Well, okay,
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  Speaker 3: but then he then came up with different reasons for it,
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  Speaker 3: as you just pointed out, So what are the reasons
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  Speaker 3: for it? And if you're going to put tariffs on tomatoes,
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  Speaker 3: what does that have to do with ventanyl?
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  Speaker 2: It's a good question.
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  Speaker 1: Tomatoes and fens and all the other way they seem
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  Speaker 1: to have responded. Trump advisor Stephen Miller tweeted, the judicial
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  Speaker 1: coup is out of control, which seems to be kind
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  Speaker 1: of a predictable need reaction to any time of court
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  Speaker 1: rules against them. Now, this panel, as I started off
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  Speaker 1: the show saying, was unanimous. One of the appointees on
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  Speaker 1: the panel was a Trump appointee. But what do you
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  Speaker 1: say to that sort of response from the White House?
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  Speaker 3: You know, it's just that it's so disappointing, Jen, and
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  Speaker 3: it just points to a trend that we are seeing
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  Speaker 3: this administration going after judges, undermining the authority of the
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  Speaker 3: judicial branch of government, not respecting the two other branches
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  Speaker 3: of government. I mean, again, that's what this case is about.
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  Speaker 3: This is this case is about the president's power visa
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  Speaker 3: vi Congress, and now he's disrespecting judges and he basically
• 8:46
  Speaker 3: makes these sort of very disrespectful and alarming statements every
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  Speaker 3: time he loses a case. And that's just not how
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  Speaker 3: things are done in our country.
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  Speaker 2: We've already discussed some of this.
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  Speaker 1: You know, they've already filed their notice of appeal. You
• 9:01
  Speaker 1: said it could go to the Supreme Court.
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  Speaker 2: What's next?
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  Speaker 1: I mean, what should we be watching for in the
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  Speaker 1: next days and weeks here?
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  Speaker 3: So I think you you've kind of laid out some
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  Speaker 3: of them, which is, you know, what does you know
• 9:14
  Speaker 3: do they seek a stay of this this court's decision.
• 9:18
  Speaker 3: We'll watch for that they can certainly they have the
• 9:21
  Speaker 3: ability to do that. If if this court does not
• 9:26
  Speaker 3: allow for a stay, then we'll have to watch to
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  Speaker 3: make sure that the Trump administration does not UH, as
• 9:31
  Speaker 3: you pointed out, violate its order. I mean, then I
• 9:36
  Speaker 3: would be watching for you know, how how businesses react
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  Speaker 3: for the to this. I think that a lot of
• 9:43
  Speaker 3: small businesses, mid sized businesses, large businesses are all going
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  Speaker 3: to support this UH and be absolutely thrilled with it
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  Speaker 3: and hope that it sticks. Because these tariffs are causing
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  Speaker 3: chaos for our consumers. This is a tax, This is
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  Speaker 3: a direct tax gen on the people of America, and
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  Speaker 3: I think that's why this is such a huge victory
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  Speaker 3: and a huge night for our country because hopefully it's
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  Speaker 3: the start of us getting things back on track and
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  Speaker 3: preventing this harm.
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  Speaker 2: No question about that.
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  Speaker 1: Arizona Attorney General Chris Mays, thank you so much for
• 10:20
  Speaker 1: joining me on such short notice and providing so much
• 10:23
  Speaker 1: helpful information to people watching out there.
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  Speaker 2: I really appreciate it. Thanks.
• 10:27
  Speaker 1: Jan