Latest / Washington Post / 2.21.26
Transcript
- 0:01Speaker 1: Welcome to the reading of Today's Washington Post for Saturday,
- 0:06February twenty first of twenty twenty six. We only have
- 0:11a week left in the month, and it's the second
- 0:14month of the year. Down already, goodness, gracious time flies
- 0:20at top headline across the whole top of the paper.
- 0:24High Court strikes down most of Trump's tariffs. On the
- 0:30left part President loses his favorite tool to wrangle deals
- 0:36by kat Zorinski and Isaac Arensdolf and Michael Birnbaum. And
- 0:43in the middle is a picture of the President flanked
- 0:48by let's see picture of flank about three of his
- 0:57staff members. He's in front of a backdrop of the
- 1:00picture of the White House in the oval circle with
- 1:02the American flag and the presidential flag on either side
- 1:06of him, at a podium with the Presidential seal in
- 1:10front of it, hands going up asking questions, and it
- 1:16says the pictures. Donald Trump speaks Friday, a few hours
- 1:21after the ruling. The President lashed out at the Supreme
- 1:26Court just just does it in unprecedented terms and said
- 1:38he would replace the import taxes the port overturned with
- 1:43a ten percent global tariff and other levies using different laws.
- 1:50And here's Chief Justice John G. Roberts Junior his comment,
- 1:57the President asserts the extraordinary now our power to unilaterally
- 2:02impose tariffs of unlimited duration and scope. In light of
- 2:08the breadth history and constitutional context of that asserted authority,
- 2:15he must identify clear congressional authorization to exercise it. And
- 2:24Donald Trump's comment, I'm ashamed of certain members of the court,
- 2:29absolutely ashamed for not having the courage to do what's
- 2:33right for our country. They're very unpatriotic and disloyal to
- 2:40our constitution. And on the right hand side of that picture,
- 2:45underneath the headline he lacks authority under a nineteen seventy
- 2:50seven act. President slams justices as disgrace to nation. It's
- 2:58by Justin d Old, David Lynch, and Julian Marx and
- 3:05below the fold and all in a straight line across
- 3:08the bottom of the paper. On the left, hearing on
- 3:12journalists seized gear turns testy Judge scold's doj lawyers who
- 3:20seek to search devices taken from home? That is by
- 3:25Kerry Stein. Then is a picture of saving the best
- 3:31for last. Alex Ferrera celebrates his win Friday in the
- 3:38Men's freestyle skiing half pipe, adding gold to his silver
- 3:43and bronze from the last path two games to finish
- 3:47the rainbow, as his mother said. And this is in
- 3:51the Olympics. And there's a picture of him with his
- 3:55back to us, and you see the flag held up
- 3:58behind him and his white shirt. You just see the
- 4:01SSA of the USA, and you see a red line
- 4:06around the waist of him in his pants. And in
- 4:10the background you see everybody cheering along for him in
- 4:15their hats and gloves. And Parker's his victory in the
- 4:21men's freestyle skiing halfpipe. To the right of that picture,
- 4:27Trump talks peace as he rattles saber at iran split
- 4:33screen of Vonnamie and belligerents strikes critics as incoherent by
- 4:40Adam Taylor. And then the very last article at the
- 4:44very bottom, investigation shows Meta's failure to protect kids from
- 4:51predators by Ian Duncan. Man solicited a girl on Facebook
- 4:58even after the company banned him. Our first article. Trump
- 5:05slams justices after Supreme Court strikes down most of his tariffs.
- 5:12The ruling deals a major blow to the president's signature
- 5:16economic policy and represents a stinging political setback by justin
- 5:23juvenile David J. Lynch and Julian Mark. The Supreme Court
- 5:29on Friday struck down most of President Donald Trump's sweeping tariffs,
- 5:35a ruling that deals a major blow to his signature
- 5:38economic policy and represents a stinging political setback. Trump, who
- 5:45has largely been deferential to the High Court's previous decisions,
- 5:50lashed out at the justices in unprecedented terms a few
- 5:56hours after the ruling at a White House news conference.
- 6:01He called the justices who sided against him a disgrace
- 6:06to our nation. He said he would replace the import
- 6:11taxes the court overturned with a ten percent global tariff
- 6:16and the other levies under trade laws other than the
- 6:19one the Court ruled on. The new global tariffs will
- 6:23going to effect at twelve oh one a m. Eastern
- 6:26time Tuesday. The White House said, I'm ashamed of certain
- 6:33members of the court, absolutely ashamed for not having the
- 6:37courage to do its right for our country, the President said.
- 6:44The justices six to three ruling said the President did
- 6:49not have the authority under the nineteen seventy seven International
- 6:54Emergency Economic Powers Act the IEEPA to impose a vast
- 7:02array of import levies on goods for nearly all of
- 7:05the nation's trading partners. The decision imperils the core of
- 7:10the president's economic agenda and is expected to reverberate widely,
- 7:16affecting global trade, consumers, companies, inflation, and the pocketbooks of
- 7:23every American. The ruling is the most significant check to
- 7:28date on Trump's bid to vastly expand executive authority in
- 7:32his second term, and is most consequential setback before Supreme
- 7:37Court that, over the last year has given a green
- 7:40light to most of his policies in a series of
- 7:44emergency rulings. Chief Justice John G. Roberts, Jr. Who wrote
- 7:51the majority opinion, was unsparing in dismissing most of the
- 7:55administration's key arguments. The ruling was strike in its timing,
- 8:01landing just days before some of the justices are scheduled
- 8:05to attend Trump's State of the Union address. The President
- 8:11asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration,
- 8:19and scope. In light of the breadth, history and constitutional
- 8:26context of that asserted authority, he must identify clear congressional
- 8:32authorization to exercise it. Roberts wrote, Trump cannot Roberts wrote.
- 8:41Roberts pointed out iee Pa made no mention of tariffs
- 8:46and that he could find little in the law to
- 8:50authorize such massive levies, writing bluntly, those words cannot bear
- 8:57us such weight, He said, Trump's move ran a foul
- 9:02of the Major Questions Doctrine, a rule the Court has
- 9:08enunciated in recent years that holds any presidential action that
- 9:14has major economic or political ramifications must have explicit authorization
- 9:20by Congress. The stakes of the ruling are enormous. The
- 9:26tariffs affect trillions of dollars in trade, and the government
- 9:31collected nearly one hundred and thirty four billion dollars in
- 9:34levies through December fourteenth under the authority challenged in the case.
- 9:41The majority did not offer clarity, however, on whether the
- 9:45administration will have to enact a massive refund of the
- 9:49funds collected to date. As Roberts read the tariff's opinion
- 9:54from the bench, Solicitor General d John Sower, who argued
- 10:00the case for the Trump administration in November, watched largely stonefaced,
- 10:06seated at a table in front of the justices. Sourer's
- 10:10hands were folded in his lap with fingers fidgeting slightly
- 10:14as Roberts got deeper into the opinion. The justices sent
- 10:20the case back to a lower court for further proceedings,
- 10:24and those justices will probably have to hash out the
- 10:27question of refunds. White House officials have given or warned
- 10:33a give back would be a strain on the nation's finances,
- 10:37required disbursements to more than three hundred thousand importers, and
- 10:43would be a logistical mess. Business groups have said that
- 10:47returning the money is imperative since the administration had no
- 10:51legal authority to take it. Trump did not commit to
- 10:56refunding the levees at his news conference and said the
- 10:59issue could be tied up in litigation for years. On Friday,
- 11:05some Democrats called on the Trump administration to begin reimbursing companies.
- 11:12Justices Sonia Sotomayor, Neil M. Gorsuch, Elena Kagan, Amy Coney Barrett,
- 11:20and Katanji Brown Jackson joined parts of Robert's majority opinion. Gorsuch, Barrett,
- 11:28and Kagan vowed concurring opinions in the case. In his
- 11:34concurring opinion, Gorsuch rejected the administration's argument that the president
- 11:41has substantial discretion over tariff's history does not support the
- 11:48notion that presidents have traditionally enjoyed so much power. More
- 11:54nearly history refutes it, Gorsuch wrote, adding Americans fought the
- 12:01Revolution in no small part because they believed that only
- 12:06their elected representatives in parens, not the King, not even
- 12:12Parliament in parentheses, possessed authority to tax them. He wrote,
- 12:19the framers gave Congress alone access to the pockets of
- 12:23the people. In dissent, Justice Brett M. Kavanaugh wrote he
- 12:30firmly disagreed with the decision. Text, history, and precedent all
- 12:38show that the ee PA law was clearly used properly.
- 12:44He wrote, Like quotas and embargoes, tariffs are a traditional
- 12:49and common tool to regulate importation, Kavanaugh wrote. Justices Clarence
- 12:55Thomas and Samuel A. Alito Junior joined him in dissenting.
- 13:00Kavanaugh added that the majority essentially concluded Trump checked the
- 13:05wrong statutory box, but had several other options to impose tariffs.
- 13:11Although I firmly disagree with the Court's ruling today, the
- 13:15decision might not substantially constrain a president's ability to order
- 13:20tariffs going forward, Kavanaugh wrote, as he listed other laws
- 13:26that Trump could use to continue his trade agenda. Trump
- 13:31approvingly cited Kavanaugh's opinion at his news conference and praised
- 13:36the three dissenting justices, even as he excoriated those in
- 13:42the majority. As the president's Friday announcement indicated, the ruling
- 13:48is not the end of all of Trump's tariffs. In
- 13:52addition to the new across the board tariff, other levies
- 13:56on materials such as steel and aluminum are not affected
- 14:00by the decision. Nonetheless, the decision represents a major blow
- 14:06to a core part of Trump's agenda and is a
- 14:10historic ruling on presidential power. This is probably the most
- 14:16significant example of the Court holding a presidential action illegal
- 14:21since President Truman c tried to seize the steel mills
- 14:25during the Korean War, said Richard H. Pildes, a New
- 14:30York University law professor, who added the dramatic nature of
- 14:35this decision should not be underestimated. Pildes was referring to
- 14:41a landmark nineteen fifty two decision in which the Supreme
- 14:45Court blocked Harry S. Truman from intending to put steel
- 14:49mills under government control during a strike. The work action
- 14:54threatened production necessary for the war effort, Truman said in
- 15:00media post. Trump has repeatedly exhorted the justices to uphold
- 15:05the tariffs, warning that their demise would be the biggest
- 15:10threat in history to national security and framing the case
- 15:14as literally life or a death all in caps for
- 15:20our country. Economists say the tariffs have been a drag
- 15:25on the US economy, raising prices for consumers and businesses
- 15:29at a time of concern about inflation. The unemployment rate
- 15:34crept up last year before dropping a bit in recent months.
- 15:38Inflation has remained higher than policymakers would like, despite cooling
- 15:44more than expected in January. US economic growth slowed sharply
- 15:50at the end of twenty twenty five. Despite the tariffs,
- 15:56the nation's trade deficit has continued at a high level.
- 16:00The deficit in trade of physical goods hit a record
- 16:04one point two trillion dollars in twenty twenty five, the
- 16:09Commerce Department reported Thursday. The Supreme Court signaled the importance
- 16:15of the tariff by agreeing in September to hear two
- 16:19challenges on an expedited basis. The ruling arrived about two
- 16:24months after the November arguments in the case. A relatively
- 16:28quick decision from the High Court. Trump has said tariffs
- 16:33will revive American manufacturing and protect jobs, but he has
- 16:37wielded them more broadly in his second term as a
- 16:40favored tool to punish enemies, win concessions, and give his
- 16:45administration leverage in a range of international disputes. His habit
- 16:51of imposing massive import taxes, then quickly rolling them back
- 16:56or delaying them has royaled global trade and occasionally upset
- 17:02the markets, while many voters have expressed concern about price
- 17:06increases and economic follow no previous precedent has used IEEPA
- 17:14to impose tariffs In its nearly fifty year history. I
- 17:18ee PA has typically been employed to levy sanctions against
- 17:23enemies of the United States. The law allows the president
- 17:28to declare an emergency to regulate doc dot dot importation
- 17:35of foreign goods to deal with any unusual and extraordinary
- 17:40threat to national security, foreign policy, or economy. Trump began
- 17:48announcing emergencies last February, slapping tariffs of between ten and
- 17:53twenty five percent on China, Mexico, and Canada for broadly
- 17:57failing to stem the flow of fentannel and other drugs
- 18:00across the border. In April and an event dubbed Liberation Day,
- 18:07Trump announced a universal ten percent tariff for nearly every
- 18:10US trading partner and higher levees on some nations. Trump
- 18:15said the annual trade deficits that the United States has
- 18:18posted each year since nineteen seventy five were an emergency,
- 18:23claiming that they have decimated American manufacturing. The Yale Budget
- 18:30Lab calculates that the current average trade or tariff rate
- 18:34of about seventeen percent is the highest since the Great Depression.
- 18:41A handful of small businesses and a group of states
- 18:45filed separate lawsuits against the tariffs, saying the levees would
- 18:49mean a major hit for their bottom lines and economies.
- 18:54The small businesses called Trump's imposition of worldwide levees a
- 18:58power grab. A federal judge, a specialized trade court, and
- 19:04an appeals court all ruled against the president in the
- 19:08two cases before the Trump administration asked the Supreme Court
- 19:12to take up the case. Bretique A. Shah, an attorney
- 19:17for some of the businesses challenging Trump's tariffs, said in
- 19:21his statement that the court arrived at the right decision.
- 19:25Shaw said the Supreme Court upheld the foundational separation of
- 19:30powers principle that our small business client has been fighting for.
- 19:35No president has boundless power to tax Americans. The ruling
- 19:42marked a departure from a string of victories for Trump
- 19:45at the High Court. The justices have overwhelmingly ruled for
- 19:50Trump in temporary rulings, clearing the way for him to
- 19:54ban transgender troops from the military, give the US Doege
- 19:59Service access to sensitive data, and deeply cut the Education Department.
- 20:05As legal challenges play out, there have been some setbacks.
- 20:10In December, the justices blocked the Trump administration from deploying
- 20:15National Guard troops to Chicago, in a significant blow to
- 20:19the president. Other issues the Justices are weighing related to
- 20:23the president's agenda include whether to clear the way for
- 20:28Trump to fire the heads of independent agencies without cause,
- 20:32which would be one of the largest changes to the
- 20:35structure of the federal government in decades. In conjunction with
- 20:41that article, Trump loses his favorite negotiating tool he toted
- 20:48to make peace and money advises view to Supreme Court
- 20:53ruling invalidating tariffs as a release valve for economic pressure
- 20:58and political divisions, Trump instead doubled down. And there's that
- 21:03picture I described earlier but this one tells you who's
- 21:06in it. To his left is Solicitor General d John Sauer,
- 21:13the one who spoke before the Supreme Court, and then
- 21:18well that he's too the president's right, and on the
- 21:21left is second Commerce Secretary Howard Lutnick, and then Trade
- 21:26Representative Jamison Grier, and the four of them are at
- 21:30that podium by kat Zurzuski, Isaac Earnsdorff, and Michael Brenbaum.
- 21:40The Supreme Court's decision to invalidate the Trump administration's broad
- 21:46tariffs strips the president of a central instrument of his
- 21:49foreign policy, undercutting his ability to coerce global leaders and
- 21:55reshape the world order in his second term president that
- 22:00Donald Trump and his aides have celebrated his tariffs as
- 22:03a foreign policy innovation, wielding the import taxes to extract
- 22:08concessions from other governments on issues that extend far beyond
- 22:13traditional trade negotiations. In the first week of his presidency,
- 22:18Trump threatened to impose twenty five percent tariffs on all
- 22:22Colombian goods to pressure Bogutar to accept two deportation flights
- 22:28that Colombian President Gustavo Petro initially turned away. Since then,
- 22:36he has threatened tariffs to advance his foreign policy goals,
- 22:40to disputes over greenland, Gaza, and an influx of fentonal
- 22:45ingredients from China. In a news conference Friday, Trump said
- 22:51that he had used tariffs to settle five of the
- 22:54eight wars that he has claimed credit for ending, including
- 22:58a ten day conflict between India and Pakistan. They were
- 23:04getting ready to do some bad things, but they've given
- 23:08us great national security, these tariffs have, Trump said, while
- 23:13standing under purpolighting in the White House briefing room. The
- 23:17court decision could unsettle Trump's upcoming negotiations with world leaders,
- 23:23including a visit to Beijing next month. The Supreme Court
- 23:27struck down the tariffs, Trump has leveraged in negotiations with
- 23:32China in his second term, but he could use the
- 23:35alternative legal authorities he used to implement tariffs against Beijing
- 23:40in his first term. What he's lost is his speediest weapon,
- 23:46but not his only weapon for raising tariffs, said Kirie Hermann,
- 23:52a senior fellow in economic studies at the Brookings Institution.
- 23:57In anticipation of the ruling, White officials acknowledged that losing
- 24:02would be a psychological and rhetorical defeat from one of
- 24:05Trump's signature initiatives. At the same time, they said the
- 24:11ruling would remove an unpopular and divisive issue within Trump's
- 24:15coalition and reassure investors and businesses concerned that the tariffs
- 24:21contribute to inflation, a potential political gift. Trump opted not
- 24:27to take that off ramp on Friday. Instead, he announced
- 24:30an immediate ten percent global tariff under a different legal authority,
- 24:35and warned that more drastic measures could follow. I can't embargo.
- 24:41I can do anything I want, but I can't charge
- 24:44one dollar, he said. It doesn't matter because we have
- 24:48very powerful alternatives that have been approved by this decision.
- 24:52You know, they've been approved by the decision for those
- 24:56that thought they had us. Those alternatives, however, are less
- 25:01flexible than the emergency power of the Supreme Court struck
- 25:04down one authority requires significant justification to impose another never
- 25:11used before. Expires in one hundred and fifty days unless
- 25:14Congress extends it. It's a little bit longer process, Trump
- 25:20said Friday, adding I thought I'd make things simple, but
- 25:23they didn't let us do that. Despite his efforts to
- 25:28downplay the impact of the ruling on his authority. Trump
- 25:32attacked the Supreme Court justices who ruled against him as
- 25:36fools and lapdobs for the in brackets Republicans in name
- 25:41only that's rhinos, and the radical left Democrats. He claimed
- 25:48without evidence that they were swayed by foreign interest and
- 25:51call them unpatriotic, escalating his attacks on the judiciary in
- 25:56the wake of a rare unfavorable ruling from the nation's
- 25:59highest court. The ruling significantly restricts Trump's ability to dial
- 26:06threats up for ordon on a whim, targeting leaders in
- 26:10nations that displease him or from whom he wants a
- 26:13quick concession. These completely random linkages to various foreign policy
- 26:19or other issues that Trump cares about, that kind of
- 26:23goes away, said Jacob funk Kircaguard, a senior fellow at
- 26:29Bourugill of Brussels based think tank that focuses on economic
- 26:34policy other countries in trading blocks. It's as European Union
- 26:39will have an easier time engaging with Washington on the
- 26:42more traditional, narrower basis of trade talks, even if Trump
- 26:47finds a way to maintain substantive tariffs, he said. One
- 26:52senior foreign diplomat who has worked extensively on trade negotiations
- 26:57with the Trump administration. Said that terrors were likely to
- 27:01still pose a major threat to trade with the United States,
- 27:04even if Trump won't be able to tailor them as
- 27:08easily as leverage for non trade related demands. By now,
- 27:13we've all learned that the guy is viciously created, said
- 27:17the diplomat, speaking on the condition of an inimity to
- 27:21discuss sensitive negotiations that could prompt retaliation by the White House.
- 27:27Trump learned about the Supreme Court's decision when an aid
- 27:31passed him a note during a meeting with governors. He
- 27:34called the ruling of disgrace and ended the meeting about
- 27:37ten minutes later. According to a person briefed, Trump frequently
- 27:43says that tariffs is his favorite word, toting the import
- 27:48taxes as a tool to boast or boost American manufacturing,
- 27:53reduce reliance on foreign imports, generate government revenue, and strengthen
- 27:58his negotiating power abroad. If the Supreme Court rules against
- 28:05the United States of America on this national security bonanza,
- 28:10we're screwed. We're screwed. In caps, Trump wrote on truth
- 28:16Social last month. The ruling is likely to have an
- 28:20immediate impact on at least one trade deal reached last
- 28:24year between the European Union and the United States then
- 28:27has not yet been finalized by the European Parliament. After
- 28:31Trump imposed broad tariffs on European goods, EU leaders agreed
- 28:37to a deal to reduce trade breas in exchange for
- 28:41lower tariff rates and arrangement some acknowledged disproportionately favored the
- 28:47United States. European lawmakers said that the European Parliament was
- 28:52likely to approving the deal as they're studying the ruling's implications.
- 28:58Economists have challenged many of the president's claims of tariffs,
- 29:02which consistently rank among Trump's most unpopular policies. Businesses paid
- 29:08the tariffs when they import goods, and often pass those
- 29:12costs on to consumers, driving up prices as affordability has
- 29:16emerged as a key pain point for Republicans in the
- 29:21mid term elections. Americans have broadly disapproved of Trump's handling
- 29:27of tariffs since he first introduced them in April. Sixty
- 29:32four percent of respondents in the Washington Post ABC News
- 29:36ipso's poll released Friday disapprove of Trump's handling of tariffs.
- 29:41Ratings nearly identical to April polling. Despite Trump's efforts to
- 29:46sway public opinion on the issue, tariffs also emerged as
- 29:51one of the first issues that fractured Trump's fraying coalition.
- 29:56After his April announcement of the taxes prompted wild strings
- 30:00swings in the markets, Some of the corporate titans, podcasters,
- 30:05and even Republican lawmakers who served as Trump's biggest boosters
- 30:10during the campaign, publicly criticized the policy. A legal center
- 30:15funded by wealthy conservatives backed the lawsuit against the tariffs.
- 30:20The failure could further isolate Commerce Secretary Howard Lutnick, who
- 30:25was champion tariffs and maintained the president's fable but irritated
- 30:30other advisers. Lutnick accompanied Trump to Friday's press briefing, but
- 30:37did not speak Judge Scold's prosecutors. In hearing on search
- 30:44of Washington Post reporter's home, the judge appeared inclined to
- 30:50find a middle ground that would allow the court to
- 30:52do a search of the devices on behalf of the
- 30:55government by Perry Stein, a federal judge in Virginia scolded
- 31:02Justice Department attorneys on Friday for not mentioning the nineteen
- 31:07eighty Privacy Protection Act when they submitted their application for
- 31:11a warrant to search a Washington Post reporter's home and
- 31:16seize her devices. The Privacy Protection Act limits the government's
- 31:21ability to search and seize journalists materials. Did you not
- 31:27tell me intentionally or did you not know? Magistrate Judge
- 31:33William Porter asked the testing exchange unfolded in the middle
- 31:38of a hearing, to determine whether the government should be
- 31:41permitted to search through the devices seized from Post reporter
- 31:45Hannah Natsenson, or whether the government must return those devices
- 31:50to Madison without an extensive search. The judge appeared inclined
- 31:56to find a middle ground that would allow the court
- 31:59to do a search of the devices on behalf of
- 32:01the government, and then hand information relevant to the search
- 32:05warrant over to prosecutors. This would prevent the government from
- 32:09having potentially unfettered access to Madison's devices, which the Post
- 32:15said the reporter has used to communicate with roughly twelve
- 32:18hundred confidential sources. I have a pretty good sense of
- 32:24what I'm going to do here, Porter said, adding that
- 32:27he wanted to spend some more time thoroughly considering his
- 32:31options before making a ruling. He scheduled another hearing from
- 32:35March fourth, and said he expects to issue his ruling
- 32:39before then. Friday's hearing marked the first time that prosecutors
- 32:45and attorneys for the post have met in court since
- 32:48the unprecedented January fourteenth search of Madison's home in Virginia.
- 32:54Federal agents seized a phone, two laptops, a recorder of
- 33:00Hortable hard to Drive, and a garment watch. Law enforcement
- 33:04officials said the search was part of their investigation into
- 33:08government contractor Orilio Perez Lugni's, a systems administrator with top
- 33:14secret clearance who was indicted in Maryland last month on
- 33:20charges of lawfully obtaining and sharing classified materials. The discussion
- 33:26of the Privacy Protection Act reflected the tense moment of
- 33:31the nearly hour long hearing in the Alexandria, Virginia Federal
- 33:35cortos Porter said he was particularly frustrated because he had
- 33:39spent two days going back and forth with the government
- 33:43in January before he approved the warrant. He said he
- 33:47rejected multiple versions of the warrant request before settling on
- 33:51a relatively narrow warrant to seize the information on Madison's
- 33:56devices pertaining to her communications with the government contract them.
- 34:02The nineteen eighties Act is intended to prevent the criminalization
- 34:07of a reporter gathering information. It says that a journalist's
- 34:11materials should be seized only if that journalist is suspected
- 34:16of committing a crime with those materials. The law says
- 34:20that a reporter's possessions can be seized if investigators suspect
- 34:25they contained certain materials related to sensitive national security information.
- 34:32Justice Department trial attorney Christian Dibley apologized to the judge
- 34:37and said he could not answer the questions about why
- 34:41the government had not discussed that law because he was
- 34:44not involved in the submission of the warrant. Another prosecutor
- 34:49who submitted the warrant, Gordon Kromberg, a veteran attorney in
- 34:53the Eastern District of Virginia, chimed in and said he
- 34:57did not mention the law because he does not believe
- 35:00applied to the case. Porters suggested that whether or not
- 35:04the law applied in this instance, prosecutors should have included
- 35:09it in the application so that the judge could determine
- 35:12its relevance. That's minimizing it. Porter told the government trial
- 35:18attorney when he said he understood the judge's frustration. It's
- 35:23exceptionally rare for law enforcement officials to search reporters' homes
- 35:27to further cases in which the journalist is not a target.
- 35:31The law allows such searches under some circumstances, but federal
- 35:36red leglatians intended to protect a free press, are designed
- 35:41to make it more difficult to use aggressive law enforcement
- 35:44tactics against reporters to obtain the identities of their sources.
- 35:50The Post in Madison's attorneys have decried the search as
- 35:53one that floats the First Amendment and ignores federal statutory
- 35:58safeguards for journalists. They have demanded that the government returned
- 36:02the devices so Maison continue can continue reporting, and said
- 36:07that almost none of the materials on the devices are
- 36:11relevant to the case against the contractor. Attorneys for the
- 36:15Post and Madison argued in court that the seizures have
- 36:19premitted Madison from doing her job because she cannot publish
- 36:24material without her devices and sources. They also said that
- 36:28the government seizure could have a chilling effect on future
- 36:31government sources who may want to speak out about their
- 36:34workplaces to reporters it's not about one reporter and one journalist.
- 36:41It has to do with confidential sources, an attorney for
- 36:44the Post, Simon Lakovich, told the judge. The Justice Department
- 36:50attorneys conceded that they seized more materials from Maison than
- 36:54is relevant to the search warrant, but they said that's
- 36:57a standard reality in such search. The government planned to
- 37:02set up a filter team to sift through materials then
- 37:05hand over only relevant information to the investigators. The prosecutors said,
- 37:12the government takes seriously that you did not authorize a
- 37:15phishing expedition. Dibly told Porto. Perezlogone is pleaded not guilty
- 37:23last month to counts of retaining and sharing sensitive national
- 37:27security information. The Justice Department has said that Perezlagones had
- 37:32been messaging Notison shortly before his arrest. Notison covers the
- 37:37federal workforce and has been part of the Post's most
- 37:42high profile and sensitive coverage related to government firings, national security,
- 37:48and diplomacy during the first year of the second Trump administration.
- 37:53She contributed reporting to a number of recent articles around
- 37:57the United States. Capture of Venezuela's leader Nicholas Maduro in
- 38:03December Nadison wrote a first person account about her experience
- 38:07covering the federal workforce as the Trump administration created upheaval
- 38:12across the government. She detailed how she posted her secure
- 38:16phone number to an online forum for government workers and
- 38:20amassed more than a thousand sources, with federal workers frequently
- 38:24contacting her to share frustrations and accounts from their offices.
- 38:30Nadison wrote in a declaration to the court last month
- 38:33that she typically receives anywhere from dozens to upward of
- 38:36a hundred tips from sources per day on signal. Since
- 38:41the seizure, the number of tips has fallen to zero.
- 38:46Prosecutors also served the Post with the subpoena seeking information
- 38:51related to the same government contractor. The subpoena asked the
- 38:55Post to hand over any communications between the contractor and
- 38:59other employees. Porter said at the hearing that he took
- 39:03issue with the framing of the search as an unprecedented
- 39:07because it was executed at a journalist home. He noted
- 39:11that Madison wrote in her first person essay that she
- 39:14often works from home, which would make it a logical
- 39:18place to execute a search warrant. I think that's an
- 39:21inflammatory fact. Porter said, attorneys for the Post in Madison
- 39:28repeatedly suggested that the government search was in overreach because
- 39:32the agent sealed all of her devices, which comprised the
- 39:37entirety of her reporting materials. Porta asked multiple times whether
- 39:42there was an alternative way the government could have conducted
- 39:45its search, since the materials are stored together on electronic
- 39:49devices and not, for example, on individual pages or notebooks.
- 39:55I still haven't heard some alternative way that you think
- 39:58this could have been done, Porter said to the attorneys
- 40:03going inside. In rare move, Veterans Affairs pulls back on
- 40:09controversial disability rule. Veteran groups had warned that the change
- 40:15would have disadvantaged veterans who need medications. By Meryl Cornfield,
- 40:23the Department of Veteran Affairs has halted plans to enforce
- 40:26a controversial rule they would have cut disability compensation for
- 40:31veterans making claims. The decision follows a backlash from veterans groups,
- 40:37which had criticized the rules impact on benefits. VA Secretary
- 40:42Douglas A. Collins posted on x on Thursday that the
- 40:46agency will not enforce the rule, but will continue to
- 40:50collect public comments. The department had initially issued the rule Monday,
- 40:56saying it would take effect immediately. The policy was set
- 41:01to require that examine has taken to consideration the effects
- 41:05of medication, essentially making it easier for the agency to
- 41:10consider veterans less disabled if their medicine effectively treats their disability.
- 41:18While VA does not agree with the way this rule
- 41:21has been characterized, the Department always takes veterans concerned seriously,
- 41:27Collins wrote. Veterans groups including disabled veterans, veterans of foreign wars,
- 41:34and vote vets, had protested the rule this week, arguing
- 41:38that it disadvantaged veterans who need medicine for health reasons.
- 41:43Several groups also argued that the quick implementation of the
- 41:46rule had effectively shut them out of discussions. Disabled veterans
- 41:52should never be forced to choose between following their doctor's
- 41:56orders and protecting their earned benefits of the UN National
- 42:01Commander Carol Whitmoss and in statement, adding this interim rule
- 42:06puts that stability at risk and it must be withdrawn.
- 42:12The agency had implemented the change because the court ruled
- 42:16last year that VA examiners should determine baseline severity without medication.
- 42:24In the text of the new rule. VA called that
- 42:27an erroneous interpretation that would have created systemic delays and
- 42:33caused an overall increase in in compensation expenditures based on
- 42:38a disability level that veterans are not actually experiencing. The
- 42:44case is currently in the appeals process. The rule change
- 42:49had stirred debate over how the agency decides the severity
- 42:53of disabilities for veterans and how much to compensate them.
- 42:57The ba's one hundred and ninety three billion dollar disability program,
- 43:02which makes up a considerable and growing portion of federal spending,
- 43:07compensates about six point nine million disabled veterans. The Trump
- 43:12administration has sought terrain in waste, fraud, and abuse, though
- 43:17mandatory spending like VA benefits and Social Security checks continues
- 43:24to flow without impediment of Washington Post investigation last year
- 43:30found that the increasingly costly disability program had been gained
- 43:35by dubious claims and fraud, including millions of claims for
- 43:39minor and treatable afflictions that would not permit veterans from
- 43:43finding employment. The agency has said most veterans disability claims
- 43:49are legitimate. The decision to pull back on the immediate
- 43:54implementation of the rule is unusual. Social Security had been
- 43:59weighing a rule to change how it considered age as
- 44:02a factor in disability claims, though Commissioner Frank Bisignano later
- 44:08told advocates he had no plans to move forward with
- 44:12such a proposal, which would have blocked older Americans from
- 44:16qualifying for disability benefits. One in four people or behind
- 44:23on student loans. These groups blame Trump. Delinquencies on student
- 44:30loans are nearly three times higher now than before the pandemic.
- 44:34According to a report released Friday by Danielle Douglas Gabriel,
- 44:42one in four people with a student loan due is
- 44:44behind on their payments, nearly three terms the delinquency rate
- 44:50as that before the coronavirus pandemic brought repayment to a halt.
- 44:54According to a report released Friday, a trove of federal
- 45:00data separately shows that increasing numbers of borrowers a barreling
- 45:04toward a full blown default on their student loans, putting
- 45:08them at risk of having their wages seized and making
- 45:11it harder to buy a car or even rent an apartment,
- 45:15all of which could impact the economy. The report released
- 45:20Friday by two left leaning groups the Century Foundation and
- 45:24Protect Borrowers largely blames the crisis on Trump administration actions,
- 45:30including the government's decision to temporarily suspend applications for some
- 45:35of the most affordable loan repayment plans, delay the processing
- 45:40of those forms, and reject applicants on mass. The groups
- 45:44say those actions have cut off the lifeline that income
- 45:49driven repayment plans offer and deterred borrows from getting a
- 45:53handle on their debts. But some higher education experts say
- 45:59the accusations leveled in the report ignore the problem's complexities
- 46:04and the shortcomings of Biden error policies. They gave borrowers
- 46:08little reason to stay on top of their payments. Understanding
- 46:13the dynamics of the payment problem is critical, as economists
- 46:17warned that it could get much worse. The arguments revealed
- 46:21deep divisions over the root causes of why so many
- 46:24people are not repaying their loans and what the federal
- 46:27government should do to help. It's a perfect storm that
- 46:31has taken borrower distress to another level, said Isa Canchalabannez,
- 46:38policy director at Protect Borrowers, a group that advocates for
- 46:43alleviating student debt. The authors of the new report used
- 46:47outa from the University of California Consumer Credit Panel for
- 46:51their analysis. The other day, it confirms a historic rise
- 46:57in missed payments. A report released this month by the
- 47:01Federal Reserve Bank of New York shows the flow of
- 47:04student loans into early delinquency at least a month past
- 47:08due stood at sixteen point thirty five percent at the
- 47:12end of twenty twenty five, compared to nine to four
- 47:15percent nine point four percent at the close of twenty nineteen.
- 47:20Student loan borrowers are transitioning into delinquency at a faster
- 47:26rate than any other time in at least twenty years.
- 47:30While the trend of past due payments is indisputable, the
- 47:34Education Department says it's a mischaracterization of the factors that
- 47:38play for the reporter's offers to blame the Trump administration.
- 47:44Agency officials said there was only one month last year
- 47:47in which borrowers could not access or access their application
- 47:52for income driven repayment plans, which tie payments to earnings
- 47:57and family size with the promise of eventual loan forgiveness.
- 48:03The Department suspended the form in February twenty twenty five
- 48:06after a court order blocking President Joe Biden's saving on
- 48:10a valuable education repayment plan known as SAVE, raised questions
- 48:17about the legality of other income driven options. The agency
- 48:23said it had to make changes to the form, which
- 48:26is used to enroll in all income driven repayment plans
- 48:31to comply with the court ruling. Officials said the ongoing
- 48:36litigation is also responsible for the hundreds of thousands of
- 48:40applications that had been rejected or stuck in limbo since
- 48:44the court order. After a ruling in the case, the
- 48:49Education Department instructed its loan services to deny borrowers who
- 48:54had selected the lowest payment amount on their income driven
- 48:59repayment application because it would be the contested SAVE plan.
- 49:05Several loan services said the majority of seven hundred and
- 49:09thirty four thousand, two hundred and twenty one pending applications
- 49:14are also from people who wanted to enroll in SAVE.
- 49:19In both cases, the Education Department is encouraging borrowers to
- 49:24select an alternative repayment and notes that services have processed
- 49:29about a quarter million applications a month. Education Department spokesperson
- 49:36Ellen Keast said the real culprit behind the looming default
- 49:40cliff is the reckless student loan policies of the previous administration.
- 49:46She criticized Biden's decision to repeatedly extend a payment pause
- 49:51that began in the first Trump administration and the implemation
- 49:56implementation of a twelve month grace period after payment restarted
- 50:01in October of twenty twenty three. Those actions and the
- 50:05controversial attempts at widespread student loan forgiveness, she said, have
- 50:11lulled borrowers into believing their loans wouldn't need to be repaid.
- 50:17The Biden administration massed delinquency and default rates, he said,
- 50:23because there was irresponsible and unlawful policies, the federal student
- 50:29loan portfolio is at a physical cliff. Benez A protect borrowers,
- 50:36said the notion that people don't want to repay their
- 50:39debt ignores the reality of the hundreds of thousands of
- 50:43borrowers who have been trying to enroll in a low
- 50:46cost plan. She and her co authors say the Trump
- 50:50administration could have pursued policies to smooth the transition back
- 50:54to repayment, but chose to leave people in the lurch
- 50:58as higher prices for grocery utilities and other necessities have
- 51:03stretched them thin. We've been living through an unprecedent affordability crisis,
- 51:09and the student loan delinquency and default crisis stems from
- 51:14and exacerbates this crisis. The same folks who are struggling
- 51:19to keep up with their student loan payments are also
- 51:22struggling to keep up with the rising cost Vaniez, said.
- 51:29President Cooper, a senior fellow at the conservative think tank
- 51:33American Enterprise Institute, argues that the economy doesn't look all
- 51:39that different from twenty nineteen, and that research shows that
- 51:43borrowers with high credit scores and high incomes are missing
- 51:48payments people who should be in a position to pay.
- 51:53This is an administrative and communications challenge more than anything.
- 51:58When you have loan payments turned off for several years
- 52:02and you try to turn them back on, it's just
- 52:05going to be a major challenge, and one that we're
- 52:08not meeting right now, Cooper said. Cooper and Sarah Suttlemaya
- 52:14at New America, a center left think tank, said problems
- 52:19in the repayment system span many administrations. They called for
- 52:24systemic reforms, including more automation and upgrades to technology. Sattlemaya
- 52:31the Project director for Education, Opportunity and Mobility on New
- 52:35America's Higher Education program, said the payment system is overly
- 52:41complex and not designed to provide a streamlined pathway for
- 52:47borrowers to get back on their feet. She and other
- 52:52higher education experts say both administrations could have done more
- 52:57to communicate the resumption of payments. The education departments that
- 53:01it has sent nearly twenty million emails to borrowers in
- 53:05delinquency and default, urging them to re enter repayment and
- 53:09highlighting repayment tools. When more than a million borrowers saw
- 53:15that credit scores dip in the first three months of
- 53:17twenty twenty five, many complained of not realizing payments had resumed.
- 53:23Student loan services say many of those people have brought
- 53:28their loans back into good standing, but other distressed borrowers
- 53:33are ignoring them. The people with the most severe delinquencies
- 53:38are not answering phone calls, not clicking on emails. There's
- 53:41no active engagement since Scott Buchanan, executive director of the
- 53:47Student Loan Servicing Alliance trade group. He said some services
- 53:51are reporting that only four point four percent of people
- 53:54in default are engaging at all. Caroline A. Sixty years
- 54:00old barrower in Los Angeles, who spoke on the condition
- 54:03that her last name be withheld because she is in default,
- 54:07said she feels stuck. Her poor health has kept her
- 54:11from holding down a steady job, she said, and made
- 54:14repairing the thirty thousand dollars she owes from design school
- 54:18seem impossible. A lay awake at night thinking what can
- 54:23I possibly do to repay this debt? Sometimes I can
- 54:27barely afford to keep the lights on, Caroline said. She
- 54:32said she hasn't been in touch with her loan servicer
- 54:34in part because she is embarrassed. In some ways. Payment
- 54:39behavior has turned to pre pandemic days when loan defaults
- 54:43were stubbornly hot. Back then, about a million people went
- 54:47into default a year, roughly the same number who defaulted
- 54:51on their federal student loans last year, according to the
- 54:54Federal Reserve Bank of New York. What has changed, however,
- 54:59is the of people becoming delinquent missing a month or
- 55:02two or three on their payments. That rate has increased significantly,
- 55:08creating much larger pipeline of people who could end up
- 55:11defaulting on their loans. Student loan borrowers are considered in
- 55:17default after missing two hundred and seventy days of payments.
- 55:21Nearly nine million people are at least that late, with
- 55:24five point two million of them more than three hundred
- 55:27and sixty days behind as of September thirtieth, according to
- 55:32the latest Education Department data. In response to the high
- 55:37default rates, the Education Department on Wednesday implored colleges and
- 55:42universities to do more to council former students who were
- 55:46behind on their loans. Peter Granville, a fellow at the
- 55:51Century Foundation, said he anticipates the delinquencies in defaults could
- 55:57climb much higher than the seven million people of the
- 56:00beleaguered SAVE plan are forced to exit. The federal government
- 56:05has postponed payments for those borrowers through forbearans since twenty
- 56:11twenty four because of the ongoing SAVE lawsuit. In December,
- 56:17the Education Department reached a settlement with seven states to
- 56:21resolve the lawsuit. If the court approves the deal, borrowers
- 56:26will have to quickly find a new plan. Gramble noted
- 56:30that many SAVE and rollees have incomes so low that
- 56:34they qualified to have zero monthly payments, which means they
- 56:38will likely struggle to afford any of the more expensive
- 56:42loan student loan repayment plans. This is not simply a
- 56:47return to normalcy in the repayment system. Gramble said, we
- 56:52could see waves of delinquence in defaults, and the ripple
- 56:55effects on the economy will be felt widely. I has
- 57:01seen this earlier. I would have read the whole thing,
- 57:03but I'm going to read what I can. This is
- 57:06an opinion piece. This slap in the face to rule
- 57:10America is a chance to turn it blue. Democrats should
- 57:15be the party of aspiration and talk like normal human beings.
- 57:20By Andy Basheer. Andy Bashir is Governor of Kentucky and
- 57:25incoming chair of the Democratic Governors Association. As we watch
- 57:30the consequences of the Trump presidency play out in real time,
- 57:35Democrats face a critical inflection point. We must meet this
- 57:40moment with urgency and focus, and with clear and tangible
- 57:44vision it requires. Trump has given Democrats a huge opening.
- 57:49He is making it so much harder for people to
- 57:52get by. During the government shutdown, he was willing to
- 57:56use the hunger of Americans, including children and seniors, as
- 57:59a bargain. It was cruel and wrong, and importantly at
- 58:03back by it. His one big, ugly bill will kick
- 58:07seventeen million Americans, including two hundred thousand Kentuckians, off their
- 58:12healthcare and threatens to close thirty five rural hospitals in
- 58:15the state and three hundred and thirty eight nationwide. His
- 58:20tariffs are jacking up prices across the board for no reason,
- 58:25Butsheer says, Democrats are good at explaining our what. Let's
- 58:29get good at explaining our why. That's how we will
- 58:33win back the American people. We will have to do
- 58:35the hard work of convincing American families that Democrats are
- 58:39the party committed to addressing their day to day concerns,
- 58:42that we believe in a bright future for their children,
- 58:46and that we will always give them straight talk, that
- 58:49we will do, in other words, what Donald Trump and
- 58:51the Republicans have shown they will not. And with that
- 58:56end today's reading of The Washington Post. Please can continue
- 59:00listening to radio hour throughout the day. Have a good weekend.
- 59:04BA