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- [00:01]
Unknown Sponsor
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- [00:31]
Letitia James
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- [01:31]
Michael Popak
Is a winner, Donald Trump a loser. The tariffs are blocked. And that from a court that Donald Trump hand picked to take the dispute to when states challenged and small businesses challenged his power, which he doesn't have, back on Liberation Day to set new tariffs against the world. Not so says the Court of International Trade. Yes, that's a real court. In New York, three judge panel which was evenly divided between Obama, Reagan and Trump appointees all ruled unanimously that Trump does not have those powers. And now Donald Trump has taken an appeal. And where does that appeal go, you may ask? It goes to the Federal Circuit, a little known appellate court that sits in Washington D.C. comprised of 11 judges. And then if he loses the appeal, he'll try to take it up to the United States Supreme Court. And if he loses that, then he's gonna have to start giving out orders to the Customs, United States Customs Department to issue orders to take down those tariffs. I'm gonna go over it with you right now. Huge setback for Donald Trump, especially since he dragged the case into this particular court. I'm Michael Popak, let's put on my Wall street hat, give you the breakdown here on the Midas Touch Network, including the new information that there's already been an appeal that's been filed and we'll see what happens next. What happened? Late last night, we got a ruling from this unique specialized court that sits in New York. It is a specialty court. It is an Article 3 court, meaning the judges there are lifetime appointees and confirmed by the Senate and they are subject to and are creatures of Article 3 of the US Constitution. And they meet in panels, unlike a trial court, a federal court at the district court level. They meet in three judge panels like appellate courts, but they're really a court of first original jurisdiction, meaning that they hear the case, they just hear it together as a trio. And they issued their decision yesterday. And what they ruled is that Donald Trump does not have the power under the Constitution to impose these types of tariffs. And he certainly doesn't have it under a body of law from 1977 coming out of the stagflation Jimmy Carter era, the International Emergency Economic Powers act, which we call iaapa, he doesn't have that either because we're not under that kind of emergency. It's usually a war like event that allows a president to have been delegated the power that resides with Congress to impose tariffs. See, every little school child knows that it's Congress, not the president, that has the sole power to impose tariffs. They can delegate that power with clear direction to other branches, including the presidency. And they've done that in various ways starting in 1917. But they can't give unfettered, unlimited power for Donald Trump to come in, in the Rose Garden and, and announced with that big stupid sign of all the tariffs, with a crazy tariff program that had made no economic sense whatsoever. And the world responded, they can't do that. And you know, I give it up to the, to the Liberty justice center, the relatively new and small group. They brought this case on behalf of small businesses that were being hit by these tariffs. I mean, there's a lot of reporting going on right now about how companies are out there basically saying we can avoid the tariffs for you. We'll ship things through Vietnam. You won't have to pay the 30% China tariff, you'll pay the 10% Vietnam tariff. It's a whole shell game going on right now. In order to avoid the tariffs, many of the tariffs have been suspended. While Donald Trump tries to figure out how not direct the world economy and the US Economy to boot. You know, every time Donald Trump has a phone conversation or a meeting with Walmart or Home Depot or Jamie Dimon at JPMorgan Chase or he watches cable news, he changes his mind about his economic policy. That's how irrational and erratic he is. Is he a good steward for our economy? You be the judge.
- [05:54]
Unknown Speaker
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- [08:12]
Michael Popak
And now we've got judges at the US Court of International Trade. Why there? Because they have exclusive jurisdiction over all things related to tariffs. Period. When the case was originally filed, it was filed Before a regular federal judge. Donald Trump wanted to get to the Court of International Trade. Why? Because he knew the odds were a little bit better there. Maybe if he got a couple of Trumpers, maybe if he got a couple of Republicans, that he might be able to win. He liked his odds better. Right. He's a deal maker, he's a gambler. And he thought, oh, it's better there now, technically, it belongs there. So I agreed, I kind of agreed with the move. Now, I worried a little bit about three weeks ago when that same court refused to block, temporarily block the tariff program and denied the temporary restraining order, said, oh, that usually means they don't think that there's a winning case by the plaintiff. But now that they've seen the full filings, and this was on a motion for summary judgment, which is a judgment by a court, by the bench without the need for a trial, usually it means there are undisputed facts that no facts have to be developed by way of, of testimony or evidence. It's all been submitted. There's a stipulated set of facts or an agreed set of facts, or the facts that are not in dispute are sufficient to support a judgment in somebody's favor. If you have undisputed facts that as a matter of law, somebody is entitled to a judgment in their favor and that's called a summary judgment. They issued a summary judgment and they entered a permanent injunction. That's the block that's in all the headlines against the tariffs. Fundamentally, they reminded the world and Donald Trump that the President doesn't have that power, that the power to impose excise taxes and other taxes lies with the Congress. And again, there can be delegation, but it can't be unfettered. It can't be unlimited because that would be unconstitutional. And the law that Donald Trump relied on, that AIPA law, doesn't help him because we're not under that type of economic emergency and, or war or warlike footing to allow the President to take over and impose tariffs. Yeah. So there's now an appeal. That's, that's the focus here. Now you file an appeal with a notice of appeal. It's a one page document. They filed it. The notice of appeal says we're appealing the decision in its entirety. Then that there will be a three judge panel assigned at what we call the Federal Circuit in Washington. Not to be confused with the D.C. the D.C. court of Appeals. That's different. That's, that's a different appellate court that deals with things coming up from the regular federal trial court level. This is the Federal Circuit, which is a specialty appeals court that deals with things like patents, technology, commerce tariffs. And there's 11 judges. They sit three at a time. They'll issue their ruling. They'll set a briefing schedule. I don't think it'll be an emergency application. And Donald Trump did not skip that court and try to go to the Supreme Court directly, maybe because he's already kind of lowered the barriers and he sort of suspended a lot of these tariffs, although the world economy responded with a global yippee. And you've got stocks trading higher now because people think that the the tariffs are in jeopardy or Donald Trump's going to have to be forced to get rid of them. Of course, the rest of the world has already adopted a taco strategy, which has pissed off Donald Trump tacos, which has been coined by the Financial Times columnist Robert Armstrong back in a May 2 column, but just got to Donald Trump, which stands for Trump always chickens Out. Look, there's plenty of reporting that nations in negotiating with Donald Trump know he's going to fold and they incorporate that into their calculus in their negotiation strategy. That's been well known. That's why Mexico's been successful. That's why Canada's been successful. That's why China's been successful and why they're all eating our lunch. But now you have this court, which is also ruled that not only does and not only is there taco Trump always chickens out, but Trump is always generally wrong in court. And we'll continue to follow it right here on the Midas Touch Network and on Legal AF. Take a moment, come over to Legal AF, the YouTube channel. Hit the subscribe button there. We're doing about a dozen videos per day at the intersection of law and politics, along with our Legal AF substack, where we're putting it all together one stop shopping law and politics. So until my next report, I'm Michael Popak. Can't get your fill of Legal af.
- [13:04]
Unknown Speaker
Me neither.
- [13:05]
Michael Popak
That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called wait for it Morning af. What else? All the other contributors from Legal AOFF are there as well. We got some new reports, reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on Substack. Come over now to free subscribe.