1 00:00:04,879 --> 00:00:07,160 Speaker 1: What's going on. Thank you so much for listening to 2 00:00:07,200 --> 00:00:09,640 this podcast. It is heard live every day from noon 3 00:00:09,679 --> 00:00:12,480 to three on WBT Radio in Charlotte. And if you 4 00:00:12,560 --> 00:00:16,719 want exclusive content like invitations to events, the weekly live stream, 5 00:00:16,760 --> 00:00:19,239 my daily show prep with all the links, become a patron, 6 00:00:19,320 --> 00:00:22,600 go to dpeakclendershow dot com. Make sure you hit the 7 00:00:22,640 --> 00:00:25,160 subscribe button. Get every episode for free right to your 8 00:00:25,160 --> 00:00:27,719 smartphone or tablet. And again, thank you so much for 9 00:00:27,760 --> 00:00:33,000 your support. So that was a short trade war. No, 10 00:00:33,119 --> 00:00:35,439 I'm kidding, it's not over. It's I don't even know. 11 00:00:35,479 --> 00:00:38,679 This is why I said, like, we'll see, let's just 12 00:00:38,759 --> 00:00:43,240 wait and see. And so now we are. We're in 13 00:00:43,399 --> 00:00:47,000 sort of the seeing part. Part of the seeing part, 14 00:00:47,359 --> 00:00:51,759 it's like a prec part. We've got a ruling from 15 00:00:51,759 --> 00:00:57,119 a federal court that blocked Donald Trump from imposing sweeping 16 00:00:57,320 --> 00:01:05,439 tariffs on imports under an emergency powers law. God the 17 00:01:05,560 --> 00:01:11,040 judiciary out of control. I actually I'm okay with this ruling. 18 00:01:11,680 --> 00:01:13,920 I am, I'm okay with this ruling. And I've been 19 00:01:13,959 --> 00:01:17,879 hammering away at the UH, the lawyers, with the wardrobe 20 00:01:17,959 --> 00:01:22,280 change and these injunctions and everything else. This is not 21 00:01:22,840 --> 00:01:26,640 of that kind. And I know the Trump administration is 22 00:01:26,640 --> 00:01:28,519 is mad that they don't get to do the tariffs, 23 00:01:28,519 --> 00:01:31,000 and they're going to appeal it. And I'm sure right like, 24 00:01:31,400 --> 00:01:36,439 I have no doubt about their intentions to appeal to 25 00:01:36,560 --> 00:01:39,879 the US Supreme Court or something. But I don't know 26 00:01:39,920 --> 00:01:43,640 the exact pathway that it has to follow because it 27 00:01:43,680 --> 00:01:49,519 came from the US Court of International Trade. Okay, it's 28 00:01:49,560 --> 00:01:53,280 a three judge panel, one of whom is appointed by 29 00:01:53,359 --> 00:01:56,719 Donald Trump, another was a Reagan appointee, the third was 30 00:01:56,719 --> 00:02:03,640 an Obama appointee. And the decision was unanimous. And this 31 00:02:03,879 --> 00:02:08,800 was part of Trump's Liberation Day tariffs. And what the 32 00:02:08,840 --> 00:02:13,159 three judge panel has said is that it exceeded his authority. 33 00:02:15,280 --> 00:02:18,039 And I said this from the very beginning. I'm not 34 00:02:18,120 --> 00:02:21,280 so sure he can do all of this. I'm not 35 00:02:21,360 --> 00:02:25,039 so sure he should do all of this. But I 36 00:02:25,080 --> 00:02:29,759 recognize I said at the time, maybe you recall, if 37 00:02:29,759 --> 00:02:31,800 you're a first time listener, welcome, but you would not 38 00:02:31,879 --> 00:02:34,520 have heard me say this. But I said, maybe I 39 00:02:34,560 --> 00:02:37,439 am a fish that doesn't know it's wet, you know, 40 00:02:38,039 --> 00:02:41,879 because that's the environment I have just always known. And 41 00:02:41,960 --> 00:02:45,879 the environment I've always known was one of free trade 42 00:02:46,719 --> 00:02:50,639 which is different, I would submit, than fair trade right. 43 00:02:50,680 --> 00:02:54,280 I mean, people use these terms, and I think they 44 00:02:54,319 --> 00:02:57,919 mean different things. Because if you're free trading with a 45 00:02:58,080 --> 00:03:02,800 country that employs slave labor China, then I don't think 46 00:03:02,840 --> 00:03:09,840 that that's actually fair right, because they have an artificial 47 00:03:10,479 --> 00:03:14,240 competitive advantage in that they don't have to pay their 48 00:03:14,240 --> 00:03:19,439 people anything. So I was willing to all, right, well, 49 00:03:19,520 --> 00:03:21,840 let's see is he going to use it to negotiate 50 00:03:21,919 --> 00:03:24,439 better deals? Is he going to do something else with it? 51 00:03:24,479 --> 00:03:27,719 Is it just a negotiating tactic, create the chaos upfront 52 00:03:27,759 --> 00:03:30,840 and all of that. So I took the position of 53 00:03:31,080 --> 00:03:37,000 let's see, let's see what happens. And then we had, 54 00:03:37,080 --> 00:03:39,960 you know, this back and forth. We had the escalation 55 00:03:40,159 --> 00:03:43,080 of tariffs, we had the reduction in tariffs, we had 56 00:03:43,199 --> 00:03:47,879 deals getting cut and all these different things happening. Meanwhile, 57 00:03:47,919 --> 00:03:50,439 this case was making its way start, it began and 58 00:03:50,479 --> 00:03:53,360 then made its way through the courts. Now, the White 59 00:03:53,360 --> 00:03:59,039 House spokesperson Cush Desigh said that trade deficits amount to 60 00:03:59,080 --> 00:04:03,560 a national emerge agency that has decimated American communities, left 61 00:04:03,560 --> 00:04:07,400 our workers behind, and weakened our defense industrial base. Facts 62 00:04:07,400 --> 00:04:11,879 that the court did not dispute so that's what they're 63 00:04:11,879 --> 00:04:16,759 calling a national emergency, but that's not actually what the 64 00:04:17,160 --> 00:04:22,800 assortment of law that governs these types of deals, these 65 00:04:22,839 --> 00:04:27,040 types of well, there's a bunch of different acts that 66 00:04:28,600 --> 00:04:33,600 the Trump administration used from declaring the emergency to doing 67 00:04:33,639 --> 00:04:37,959 the tariffs, and there were two different sort of buckets 68 00:04:38,680 --> 00:04:43,040 that they did the tariffs in. And what the court 69 00:04:43,120 --> 00:04:48,639 is saying that you need congressional approval because this is 70 00:04:48,680 --> 00:04:53,839 what is outlined in the Constitution, and Congress cannot delegate 71 00:04:53,879 --> 00:04:59,680 away constitutional powers that are prescribed to them in the 72 00:04:59,680 --> 00:05:03,439 content Institution. Now, Trump might still be able to temporarily 73 00:05:03,519 --> 00:05:08,199 launch import taxes of fifteen percent for one hundred and 74 00:05:08,199 --> 00:05:12,079 fifty days on nations with which the US runs a 75 00:05:12,120 --> 00:05:17,199 substantial trade deficit. The ruling noted that a president has 76 00:05:17,279 --> 00:05:20,560 this authority under section one twenty two of the Trade 77 00:05:20,639 --> 00:05:24,519 Act of nineteen seventy four. You're going to hear more 78 00:05:24,560 --> 00:05:27,000 about the Trade Act of nineteen seventy four as I 79 00:05:27,040 --> 00:05:30,600 go over this. It's all throughout the court ruling, which 80 00:05:30,680 --> 00:05:35,199 runs about forty nine pages. The administration swiftly filed a 81 00:05:35,240 --> 00:05:37,600 notice of appeal, and the US Supreme Court will almost 82 00:05:37,639 --> 00:05:41,079 certainly be called upon to lend a final answer, reports 83 00:05:41,120 --> 00:05:45,160 the Associated Press. The case was heard by three judges, 84 00:05:45,199 --> 00:05:48,560 as I mentioned, Timothy Rife, who was appointed by Trump, 85 00:05:48,959 --> 00:05:54,040 Jane Rostani, appointed by Ronald Reagan, and Gary Katzman, an 86 00:05:54,079 --> 00:05:59,959 appointee of Barack Obama. The court wrote, quote the word 87 00:06:00,040 --> 00:06:05,680 world wide and retaliatory tariff orders exceed any authority granted 88 00:06:05,680 --> 00:06:11,480 to the president by ie EPA. That is the International 89 00:06:11,600 --> 00:06:17,319 Emergency Economic Powers Act. That was a nineteen seventy seven law. 90 00:06:18,079 --> 00:06:21,480 It's called the IEPA. And maybe when I say it 91 00:06:21,519 --> 00:06:25,279 like that now it sounds familiar. We've talked about this before. Okay. 92 00:06:25,480 --> 00:06:32,040 So you have the Trade Act of nineteen seventy four. 93 00:06:33,319 --> 00:06:37,480 There is also then a Trade Expansion Act that was 94 00:06:37,519 --> 00:06:42,360 from nineteen sixty two, and the ruling and the IEPA, 95 00:06:42,480 --> 00:06:45,600 So there's three different things going on here. The ruling 96 00:06:46,920 --> 00:06:50,720 from the court left in place any tariffs that Trump 97 00:06:50,800 --> 00:06:54,040 put in place using his powers from the Trade Expansion 98 00:06:54,079 --> 00:06:58,079 Act of nineteen sixty two. That's why two of these 99 00:06:58,120 --> 00:07:02,120 buckets are being treated differently. One bucket which was done 100 00:07:02,279 --> 00:07:05,839 under the Trade Expansion Act that is allowed to stand. 101 00:07:06,720 --> 00:07:09,920 But the one done under or the mass of one 102 00:07:09,959 --> 00:07:12,360 like this is where he came out with the big chart, remember, 103 00:07:12,560 --> 00:07:15,480 and he's like baseline ten percent on everybody, and then 104 00:07:15,600 --> 00:07:18,480 we're gonna nail everybody else with these additional tariffs on 105 00:07:18,560 --> 00:07:20,560 top of the ten percent and all that that was 106 00:07:20,600 --> 00:07:25,720 all under the IEPA. Okay, the IEPA is the stuff 107 00:07:25,759 --> 00:07:31,199 that has now been has now been ruled to be 108 00:07:31,199 --> 00:07:36,279 beyond his authority to do under the Trade Expansion Act, 109 00:07:36,360 --> 00:07:39,000 the one that will stand. He put a twenty five 110 00:07:39,040 --> 00:07:46,680 percent tax on most imported autos, automobiles, and parts, as 111 00:07:46,720 --> 00:07:50,240 well as twenty five percent tax on all foreign made 112 00:07:50,439 --> 00:07:54,800 steel and aluminum. Those tariffs depend on a Commerce Department 113 00:07:54,839 --> 00:08:00,360 investigation that reveals national security risks from imported products, so 114 00:08:00,439 --> 00:08:04,879 that one was those were done legit. It was filed 115 00:08:04,879 --> 00:08:07,160 in the US Court of International Trade, which is a 116 00:08:07,160 --> 00:08:11,240 federal court that deals specifically with civil lawsuits involving international 117 00:08:11,279 --> 00:08:16,680 trade law. While tariffs must typically be approved by Congress, 118 00:08:17,000 --> 00:08:20,560 Trump has said he has the power like he man 119 00:08:20,680 --> 00:08:23,920 to act to address the trade deficits that he calls 120 00:08:24,199 --> 00:08:29,800 a national emergency, and therein lies the problem is that 121 00:08:30,560 --> 00:08:37,559 there is controlling law about what you deem a national 122 00:08:37,879 --> 00:08:43,879 emergency and Congress's role in doing so he is facing 123 00:08:43,879 --> 00:08:48,799 at least seven lawsuits challenging the levies. The plaintiffs argued 124 00:08:48,799 --> 00:08:52,360 that the Emergency Powers law does not authorize the use 125 00:08:52,399 --> 00:08:56,279 of tariffs, and even if it did, the trade deficit 126 00:08:56,360 --> 00:08:58,840 is not an emergency because the US is running trade 127 00:08:58,840 --> 00:09:01,279 deficit with the rest of the world world for forty 128 00:09:01,360 --> 00:09:07,159 nine straight years. His administration argues that courts approved then 129 00:09:07,240 --> 00:09:11,080 President Richard Nixon's emergency use of tariffs in nineteen seventy one, 130 00:09:11,480 --> 00:09:14,480 and that only Congress and not the courts, can determine 131 00:09:14,519 --> 00:09:18,679 the political question of whether the president's rationale for declaring 132 00:09:18,720 --> 00:09:23,120 an emergency complies with the law. See, this is the 133 00:09:23,200 --> 00:09:28,879 problem is that Congress isn't doing its job. Congress isn't 134 00:09:28,919 --> 00:09:31,200 supporting Look, if you want all of this stuff with 135 00:09:31,320 --> 00:09:33,759 Trump and or the tariffs, if you want all these 136 00:09:33,799 --> 00:09:39,360 tariffs to be implemented in exactly the way Trump announced them, 137 00:09:39,679 --> 00:09:43,919 then Congress needs to codify this stuff. We have different 138 00:09:43,960 --> 00:09:47,039 branches of government for a reason, and I don't think 139 00:09:47,080 --> 00:09:51,320 you get to logically make an argument that the judiciary 140 00:09:51,440 --> 00:09:56,159 is overstepping its bounds, as I have on the injunctions front, 141 00:09:57,639 --> 00:10:02,480 and that these loan judges in district courts are usurping 142 00:10:02,480 --> 00:10:05,080 the power of the president because that's not what they're 143 00:10:05,200 --> 00:10:07,720 entitled to do under the rights granted to them by 144 00:10:07,840 --> 00:10:13,399 Article three of the Constitution. You can't make that argument 145 00:10:13,440 --> 00:10:15,480 and then turn around and say, yeah, but Congress can 146 00:10:15,519 --> 00:10:20,360 totally abdicate their Article two powers. No or sorry, Article 147 00:10:20,399 --> 00:10:23,440 one powers. Article two is the president belief like, that's 148 00:10:23,440 --> 00:10:25,159 not the way it's supposed to work. You guys have 149 00:10:25,279 --> 00:10:27,799 this list. You guys are supposed to follow this list. 150 00:10:28,120 --> 00:10:32,399 These are your powers, these are your powers. And part 151 00:10:32,399 --> 00:10:34,759 of the problem is that we have a Congress and 152 00:10:34,840 --> 00:10:37,600 I don't think the founding fathers could have foreseen this, 153 00:10:38,000 --> 00:10:40,840 but we have a Congress populated by people that are 154 00:10:40,879 --> 00:10:43,879 apparently all too happy to give up any kind of 155 00:10:43,919 --> 00:10:47,879 responsibility aka power. They're just going to turn it over 156 00:10:48,519 --> 00:10:51,039 to anybody else. So this way we don't get in 157 00:10:51,080 --> 00:10:53,000 trouble with the electorate for any of the votes that 158 00:10:53,039 --> 00:10:56,399 we now are not casting. Here's a great idea. 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The court. 189 00:12:44,720 --> 00:12:47,519 According to The New York Post, the court stated that 190 00:12:47,559 --> 00:12:51,440 Congress is typically responsible for issuing tariffs, not the president alone, 191 00:12:51,919 --> 00:12:55,000 and that Trump's rationale for the exception to the rule 192 00:12:55,480 --> 00:12:59,720 did not meet the Emergency Act threshold in order to 193 00:13:00,360 --> 00:13:05,679 have him act unilaterally. Like unless you've read through all 194 00:13:05,720 --> 00:13:11,120 of the uh, the enabling legislation for all of this stuff, right, 195 00:13:11,159 --> 00:13:14,240 it's not a like this is not a simple you know, 196 00:13:14,320 --> 00:13:16,519 Trump can do it, and he did it. Now the 197 00:13:16,559 --> 00:13:20,399 courts are blocking him. It's this goes back what sixty 198 00:13:20,480 --> 00:13:26,440 years worth of various pieces of legislation into the sixties, 199 00:13:27,279 --> 00:13:31,960 and so some of the some of the tariffs were 200 00:13:31,960 --> 00:13:35,919 done excuse me, under the AEPA, which is the International 201 00:13:36,200 --> 00:13:42,559 Emergency Economic Powers Act. That was the one that was widespread, 202 00:13:42,720 --> 00:13:46,720 hitting every single country ten percent baseline everybody, and then 203 00:13:46,720 --> 00:13:51,519 everybody got you know, additional tariffs on them, customized rates 204 00:13:51,559 --> 00:13:56,519 against basically every country on the planet, and that was 205 00:13:56,759 --> 00:14:04,240 justified by the administry under the International Emergency Economic Powers Act. 206 00:14:05,240 --> 00:14:10,240 There's the second trunch or bucket that was under the 207 00:14:11,320 --> 00:14:14,840 Expanded Trade Act, which is an offshoot i believe of 208 00:14:14,879 --> 00:14:18,440 the or the Expanded Trade Act. And then and the 209 00:14:18,440 --> 00:14:21,240 Trade Act. So there are those two pieces of legislation. 210 00:14:21,320 --> 00:14:23,440 And if you read the opinion, and look, i am 211 00:14:23,440 --> 00:14:25,679 not a lawyer, I'm not an expert in any of 212 00:14:25,720 --> 00:14:30,879 this material. I'm just reading through the opinion by the court. 213 00:14:31,919 --> 00:14:37,600 And here's like part of what they say. The Court 214 00:14:37,639 --> 00:14:40,600 does not ask whether a threat is worth dealing with 215 00:14:41,399 --> 00:14:44,559 or venture to review the bona fides of a declaration 216 00:14:44,679 --> 00:14:47,120 of an emergency by the President. So they're not taking 217 00:14:47,200 --> 00:14:49,960 up the question of whether or not it is an 218 00:14:49,960 --> 00:14:56,480 emergency or not an emergency. Indeed, it says the question 219 00:14:56,639 --> 00:15:00,120 here is not whether something should be done, It is 220 00:15:00,120 --> 00:15:04,559 is who has the authority to do it? That's the question. 221 00:15:05,320 --> 00:15:09,919 The Court simply asks whether the president's actions deal with 222 00:15:10,080 --> 00:15:16,080 an unusual and extraordinary threat. And Congress provided the necessary 223 00:15:16,200 --> 00:15:22,360 standards for resolving this inquiry when it enacted AIPA, and 224 00:15:22,440 --> 00:15:26,799 the court's task is to then apply that. See what 225 00:15:27,080 --> 00:15:33,120 constitutes an unusual and extraordinary threat? Those parameters are spelled 226 00:15:33,159 --> 00:15:37,399 out in the Congressional Act. And so the court looks 227 00:15:37,399 --> 00:15:41,480 at the Act and then they look at the behavior 228 00:15:41,480 --> 00:15:44,879 and the actions of the executive branch, and they say, 229 00:15:44,919 --> 00:15:47,799 do they line up? Are these things lining up? And 230 00:15:47,840 --> 00:15:50,799 if they don't line up, then the executive is in 231 00:15:50,840 --> 00:15:54,039 the wrong because Congress said, this is what the law is. 232 00:15:54,080 --> 00:15:59,519 These are the standards you're supposed to follow. The Court says, 233 00:15:59,559 --> 00:16:04,039 this recoores. This duty requires one body of public servants, 234 00:16:04,120 --> 00:16:07,480 the judges, to construe the meaning of what another body, 235 00:16:07,679 --> 00:16:11,600 the lawmakers, has said. The duty does not abate when 236 00:16:11,679 --> 00:16:16,480 foreign economic conduct forms part of the issue. According to 237 00:16:16,519 --> 00:16:21,200 the government, there are two ways that the quote deal 238 00:16:21,279 --> 00:16:24,919 with an Unusual and Extraordinary Threat provision retains its meaning 239 00:16:25,039 --> 00:16:29,600 despite its unreviewability. The first is that it binds the president. 240 00:16:30,600 --> 00:16:33,559 This means, the government states that the president still has 241 00:16:33,639 --> 00:16:37,080 to look at and faithfully apply the statute. But what 242 00:16:37,240 --> 00:16:40,720 happens if the president does not do so? Does the 243 00:16:40,720 --> 00:16:45,000 court still have no role? Even if Congress could hypothetically 244 00:16:45,159 --> 00:16:50,000 undo the president's invocation of AEPA powers by passing a 245 00:16:50,080 --> 00:16:53,559 law to that effect over the president's likely Vito, Congress's 246 00:16:53,600 --> 00:16:57,120 inherent power to legislate is no substitute for the judicial 247 00:16:57,200 --> 00:17:00,480 function of determining the limits of statutory grants of authority. 248 00:17:00,480 --> 00:17:04,400 They are making the argument that this can be reviewed 249 00:17:04,440 --> 00:17:09,039 by the courts because the White House was saying you can't, 250 00:17:10,759 --> 00:17:13,799 and so they say, yes, we can. Because if they 251 00:17:13,880 --> 00:17:18,559 if the legislature says X, and you implement, why the 252 00:17:18,559 --> 00:17:21,759 way that you reconcile this is the courts and they're 253 00:17:21,839 --> 00:17:26,480 right under our system, they are correct in my view. 254 00:17:27,079 --> 00:17:28,880 All right, if you're listening to this show, you know 255 00:17:28,960 --> 00:17:30,960 I try to keep up with all sorts of current events, 256 00:17:30,960 --> 00:17:33,039 and I know you do too, and you've probably heard 257 00:17:33,039 --> 00:17:37,119 me say get your news from multiple sources. Why. Well, 258 00:17:37,160 --> 00:17:39,880 because it's how you detect media bias, which is why 259 00:17:39,920 --> 00:17:43,119 I've been so impressed with ground News. It's an app 260 00:17:43,319 --> 00:17:46,480 and it's a website, and it combines news from around 261 00:17:46,519 --> 00:17:48,960 the world in one place, so you can compare coverage 262 00:17:49,200 --> 00:17:51,920 and verify information. You can check it out at check 263 00:17:52,160 --> 00:17:56,359 dot ground, dot news slash pete. I put the link 264 00:17:56,400 --> 00:17:59,480 in the podcast description too. I started using ground News 265 00:17:59,519 --> 00:18:02,000 a few months to go, and more recently chose to 266 00:18:02,039 --> 00:18:04,000 work with them as an affiliate because it lets me 267 00:18:04,039 --> 00:18:07,880 see clearly how stories get covered and by whom. The 268 00:18:07,880 --> 00:18:10,920 blind spot feature shows you which stories get ignored by 269 00:18:10,920 --> 00:18:14,799 the left and the right. See for yourself check dot ground, 270 00:18:15,000 --> 00:18:18,680 dot news, slash pete. Subscribe through that link and you'll 271 00:18:18,680 --> 00:18:21,839 get fifteen percent off any subscription. I use the Vantage 272 00:18:21,880 --> 00:18:25,359 plan to get unlimited access to every feature. Your subscription 273 00:18:25,480 --> 00:18:28,160 then not only helps my podcast, but it also supports 274 00:18:28,200 --> 00:18:31,440 ground News as they make the media landscape more transparent. 275 00:18:32,279 --> 00:18:35,200 All right, So reading from this is page forty six 276 00:18:35,319 --> 00:18:40,759 of the court ruling forty six out of forty nine. 277 00:18:41,000 --> 00:18:45,359 The government's pressure argument, which is they're trying to get 278 00:18:45,359 --> 00:18:52,880 at this idea of how you deal with these issues 279 00:18:52,880 --> 00:18:55,160 that are arising, and so this is what they're kind 280 00:18:55,160 --> 00:18:57,839 of testing. What does it mean, what is your definition 281 00:18:57,960 --> 00:19:02,000 of dealing with and whatnot? And so the government said, well, 282 00:19:02,000 --> 00:19:04,960 we are dealing with trafficking, human trafficking, and this is 283 00:19:04,960 --> 00:19:10,400 how we're dealing with human trafficking by applying pressure on 284 00:19:10,680 --> 00:19:15,720 these other countries through the tariffs. Right. The government's pressure 285 00:19:15,920 --> 00:19:22,599 argument concedes, though, that the direct effect of the country 286 00:19:22,720 --> 00:19:28,200 specific tariffs this is specifically about China or Mexico and Canada, 287 00:19:29,799 --> 00:19:34,599 that the direct effect is to simply burden the countries 288 00:19:34,680 --> 00:19:39,359 that they're targeting. It is the prospect of mitigating this burden, 289 00:19:39,920 --> 00:19:43,359 according to the government's argument, that will induce the target 290 00:19:43,440 --> 00:19:46,920 countries to crack down on trafficking within their jurisdictions and 291 00:19:46,960 --> 00:19:51,839 the trafficking of fentanyl. Also. Now, however sound this might 292 00:19:51,880 --> 00:19:55,160 be as a diplomatic strategy, which the Court has no problem, like, 293 00:19:55,160 --> 00:19:57,119 you're trying, we understand the goal. You're trying to do 294 00:19:57,160 --> 00:20:00,480 this other thing. So, no matter how sound this is 295 00:20:00,559 --> 00:20:05,640 as a diplomatic strategy, it does not comfortably meet the 296 00:20:05,759 --> 00:20:14,000 statutory definition cited in the AEPA legislation. So it's you 297 00:20:14,039 --> 00:20:17,880 can't cite IEPA and then say this is you know, 298 00:20:18,119 --> 00:20:21,079 we're doing it in order to force them to pressure 299 00:20:21,119 --> 00:20:25,759 them to change their posture and their actions in limiting 300 00:20:25,799 --> 00:20:30,079 the trafficking when IEPA doesn't empower you to do that. 301 00:20:30,319 --> 00:20:34,200 For that reason, they say it's hard to conceive of 302 00:20:34,240 --> 00:20:37,799 any IEPA power, then that could not be justified on 303 00:20:37,839 --> 00:20:42,279 the same grounds of pressure. If it works in this case, 304 00:20:42,279 --> 00:20:45,160 then you could say it for anything. This is a 305 00:20:45,279 --> 00:20:49,599 restraining of the executive branch. And I know I wasn't 306 00:20:49,640 --> 00:20:52,039 on the air here in WBT. I was up in 307 00:20:52,119 --> 00:20:57,480 Ashville at the time in twenty fifteen when Rand Paul 308 00:20:58,079 --> 00:20:59,960 was running for president. He was one of the candid 309 00:21:00,079 --> 00:21:04,079 It's for president against Donald Trump at the time, and 310 00:21:04,920 --> 00:21:07,880 I preferred Rand Paul because he was the only one 311 00:21:07,920 --> 00:21:11,640 talking about reigning in the executive branch. And to me, 312 00:21:12,519 --> 00:21:16,000 that's a really important thing to do. That's not to 313 00:21:16,039 --> 00:21:18,359 say I don't want to see now like the judiciary 314 00:21:18,400 --> 00:21:23,680 reined in and their abuses. I absolutely do. But this 315 00:21:23,839 --> 00:21:26,880 idea of executive overreach is not new, and it used 316 00:21:26,960 --> 00:21:31,559 to be actually one of the one of the the 317 00:21:32,359 --> 00:21:37,240 planks in the Republican Party platform. This is something conservatives 318 00:21:37,960 --> 00:21:41,119 have been worried about my entire life and before I 319 00:21:41,240 --> 00:21:46,240 was born. Executive power overreach, the growth and the power 320 00:21:46,359 --> 00:21:50,400 of the imperial presidency. Now, if you're okay with that 321 00:21:50,519 --> 00:21:56,160 kind of an approach, then fine, I am not. I 322 00:21:56,200 --> 00:22:00,599 am not because I have lived through enough Democrat presidents 323 00:22:00,920 --> 00:22:03,920 that have engaged in this kind of overreach, and I've 324 00:22:03,920 --> 00:22:07,400 made the same argument. I'm not changing my argument now 325 00:22:07,440 --> 00:22:10,359 just because it's a guy that I voted for who's 326 00:22:10,359 --> 00:22:16,000 in the office. The government's reading of the IEPA and 327 00:22:16,079 --> 00:22:20,880 applying it to pressure would cause the meaning of quote 328 00:22:21,119 --> 00:22:25,200 deal with an unusual and extraordinary threat to permit any 329 00:22:25,240 --> 00:22:29,119 infliction of a burden on a counterparty to exact concessions, 330 00:22:29,519 --> 00:22:33,359 regardless of the relationship between the burden inflicted and the 331 00:22:33,359 --> 00:22:38,240 concessions exacted. If this can mean to you when you 332 00:22:38,279 --> 00:22:43,559 say to deal with this thing, to deal with yeah, 333 00:22:43,599 --> 00:22:47,400 to deal with an unusual and extraordinary threat. If that 334 00:22:47,480 --> 00:22:50,359 can mean that you can impose a burden until somebody 335 00:22:50,400 --> 00:22:53,160 else deals with it. Somebody else deals with it, not you, 336 00:22:53,480 --> 00:22:57,240 but somebody else, then everything is permitted. It means a 337 00:22:57,279 --> 00:23:01,440 president may use AEPA to take whatever actions he chooses 338 00:23:01,480 --> 00:23:06,200 simply by declaring them pressure or leverage tactics in order 339 00:23:06,240 --> 00:23:11,640 to get some third party to do something about some 340 00:23:11,920 --> 00:23:16,880 unrelated threat. Surely this is not what Congress meant when 341 00:23:16,920 --> 00:23:22,960 it clarified that the IEPA powers quote may not be 342 00:23:23,119 --> 00:23:30,720 exercised for any other purpose. So again they're looking at 343 00:23:30,759 --> 00:23:33,920 what the law says and they're applying what the law says, 344 00:23:34,200 --> 00:23:37,440 and that's what we should expect judges to do. Right, 345 00:23:41,319 --> 00:23:43,079 let me go over and talk to Baine. Hello, Bain, 346 00:23:43,160 --> 00:23:45,039 Welcome to the program. What's going on? 347 00:23:46,119 --> 00:23:50,640 Speaker 2: It seems like the definition of emergency is kind of 348 00:23:50,680 --> 00:23:53,440 what's up in the air right now. And my kind 349 00:23:53,440 --> 00:23:55,079 of question is, and I agree with everything you said. 350 00:23:55,119 --> 00:23:58,000 You did a great job explaining it. Does the lack 351 00:23:58,079 --> 00:24:01,640 of action by a governing brand over a long period 352 00:24:01,720 --> 00:24:07,359 of time constitute an unusual and extraordinary threat? And my 353 00:24:07,559 --> 00:24:10,440 take is it's a similar but this don't this won't 354 00:24:10,480 --> 00:24:14,920 match everything. As an analogy, a provider for a family 355 00:24:14,960 --> 00:24:19,519 who is say, ninety to one hundred pounds overweight, smokes gambles, 356 00:24:20,119 --> 00:24:23,200 is feeding the family. Well, the kids are happy, they 357 00:24:23,200 --> 00:24:26,039 have cars, they got good SATs, the wise pleased with 358 00:24:26,079 --> 00:24:30,000 the country club. But his lifestyle is going to cause 359 00:24:30,079 --> 00:24:34,319 him to die even and his boss loves him because 360 00:24:34,359 --> 00:24:39,079 he's good at his job. And it's the emergency over 361 00:24:39,160 --> 00:24:41,759 a long period of time. When we think of emergency, 362 00:24:41,880 --> 00:24:44,720 we don't think of, yeah, this is a sixty year 363 00:24:44,799 --> 00:24:48,440 emergency right at that time, we just kind of ignore it. 364 00:24:49,000 --> 00:24:55,160 Speaker 1: Yes, But the proper place to address that long standing 365 00:24:55,759 --> 00:24:59,920 problem is in the Congress, correct. And that's where the 366 00:25:00,319 --> 00:25:04,039 and that's where those responsibilities are vested in the constitution. 367 00:25:05,319 --> 00:25:08,039 Speaker 2: Correct. And something has to be changed in that regard. 368 00:25:08,200 --> 00:25:10,440 If the Congress just ignores. 369 00:25:10,039 --> 00:25:12,680 Speaker 1: It, Yeah, you got to vote out to people that 370 00:25:12,720 --> 00:25:13,440 are ignoring it. 371 00:25:14,960 --> 00:25:17,359 Speaker 2: Yeah, And how do you define ignoring your right? And 372 00:25:17,720 --> 00:25:20,839 it's a tough one, but I agree with where we 373 00:25:20,920 --> 00:25:23,480 are right now. But I see the problem, and it's 374 00:25:23,559 --> 00:25:26,519 just a lot of stuff is embedded within the way 375 00:25:26,640 --> 00:25:30,119 we do things. I use the way analogy. We don't 376 00:25:30,119 --> 00:25:33,880 only think of it as a problem until we get 377 00:25:33,880 --> 00:25:37,279 this physical done. And they say you've got to change, 378 00:25:37,640 --> 00:25:39,480 even though you don't really feel bad. 379 00:25:39,920 --> 00:25:42,240 Speaker 1: No, but that's something I got to do right now. 380 00:25:42,799 --> 00:25:44,880 I'll just put that off and we'll just kick the 381 00:25:44,920 --> 00:25:46,640 can down the road a little bit. And I don't 382 00:25:46,640 --> 00:25:49,119 have to make any changes right now, right. 383 00:25:49,160 --> 00:25:51,920 Speaker 2: And I think we are in an emergency. But I 384 00:25:52,039 --> 00:25:55,079 also agree with you in the court that there's nothing 385 00:25:55,119 --> 00:25:57,960 written or in law that allows them to address it 386 00:25:58,039 --> 00:26:00,240 this way. But I do believe we have an emergent. 387 00:26:00,480 --> 00:26:02,680 Speaker 1: Right and this is the right, I agree, And that's 388 00:26:02,680 --> 00:26:05,960 why they they brought in all of these different laws, 389 00:26:06,000 --> 00:26:09,200 because when you're talking about like the declaration of a 390 00:26:09,279 --> 00:26:12,079 national emergency, they talk about that too in their ruling 391 00:26:12,680 --> 00:26:17,519 and the limitations that Congress put on the executive branch 392 00:26:17,759 --> 00:26:22,000 in declaring national emergencies, and they found problems with the 393 00:26:22,039 --> 00:26:24,920 White House's argument on that front as well. So this 394 00:26:25,079 --> 00:26:28,839 is again, if you don't like the parameters under which 395 00:26:28,880 --> 00:26:31,200 these decisions are being made, then you have to change 396 00:26:31,200 --> 00:26:34,000 the parameters. But those parameters were set in place by 397 00:26:34,079 --> 00:26:38,119 Congress fifty sixty years ago, so that's the way you 398 00:26:38,200 --> 00:26:41,519 have to address it. The problem is Congress refuses to 399 00:26:41,559 --> 00:26:45,720 really do any kind of work that's and pass you know, reforms. 400 00:26:45,880 --> 00:26:47,519 I mean, look at the stuff going on with Doge 401 00:26:47,599 --> 00:26:49,960 right now, you wrap all of this stuff. I mean, 402 00:26:50,000 --> 00:26:52,640 you know, Elon Musk is just dispirited. Yeah, welcome to 403 00:26:52,680 --> 00:26:55,440 the Republican Party, Elon. That's the I mean, that is 404 00:26:55,480 --> 00:26:58,119 the Republican Party in a nutshell. Like what we just 405 00:26:58,160 --> 00:27:00,759 saw with Musk coming in, he was all exuber and 406 00:27:00,799 --> 00:27:03,359 he was all excited, We're really going to make some differences. 407 00:27:03,599 --> 00:27:06,079 Here's how we do it. And then nothing happens, and 408 00:27:06,119 --> 00:27:07,759 then he's like, screw this, I'm out of here, Like 409 00:27:07,839 --> 00:27:12,000 that's the gop in a nutshell has been my whole life. 410 00:27:12,279 --> 00:27:14,440 Speaker 2: Yeah, you're right, Yeah right, thanks man. 411 00:27:14,440 --> 00:27:16,599 Speaker 1: All right, buddy, I appreciate the call. Bane All right. 412 00:27:16,680 --> 00:27:19,960 So spring is here a time of renewal and celebrations. 413 00:27:20,160 --> 00:27:23,759 You've got graduations, weddings, anniversaries, and the special days for 414 00:27:23,920 --> 00:27:26,200 mom and dad. Your family's making memories that are going 415 00:27:26,279 --> 00:27:28,680 to last a lifetime. But let me ask you, are 416 00:27:28,759 --> 00:27:31,920 all of those treasured moments from days gone by? Are 417 00:27:31,920 --> 00:27:35,240 they hidden away on old VCR tapes, eight millimeter films, 418 00:27:35,400 --> 00:27:39,759 photos slides? 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Mail orders 429 00:28:14,799 --> 00:28:17,720 are accepted to get all the details that create a 430 00:28:17,880 --> 00:28:21,000 video dot com. We have loaded lines. I will get 431 00:28:21,039 --> 00:28:24,160 to as many as I can as quickly as possible. 432 00:28:24,160 --> 00:28:26,960 I just want to read this quickly from KPMG Trade 433 00:28:27,000 --> 00:28:30,240 and Custom Services. The court decision was based on the 434 00:28:30,240 --> 00:28:33,839 interpretation of AIPA, which the court held does not grant 435 00:28:33,880 --> 00:28:38,119 the president unlimited authority to impose tariffs. Such a broad 436 00:28:38,119 --> 00:28:42,200 delegation of power would violate constitutional principles, specifically the non 437 00:28:42,240 --> 00:28:46,720 delegation doctrine, which requires Congress to provide clear guidelines when 438 00:28:46,720 --> 00:28:51,000 delegating its powers, and the major questions doctrine, which demands 439 00:28:51,039 --> 00:28:57,119 clear congressional authorization for decisions of significant economic and political impact. 440 00:28:57,720 --> 00:29:01,480 And so the worldwide and retaliatory tariff's were found to 441 00:29:01,519 --> 00:29:05,640 be beyond the President's authority because they lacked any identifiable 442 00:29:05,759 --> 00:29:09,240 limits and thus fall outside the scope of authority granted 443 00:29:09,359 --> 00:29:15,559 under AEPA to regulate importation. All right, let's go to 444 00:29:15,599 --> 00:29:17,839 the phones here. First up, as James, Welcome to the show. 445 00:29:17,920 --> 00:29:23,839 Speaker 3: James, Hey, I have two issues. Issues here. One, I 446 00:29:23,960 --> 00:29:27,079 believe that a number of the rulings we're hearing from 447 00:29:27,119 --> 00:29:30,279 the judiciary are judicial overreach. 448 00:29:32,079 --> 00:29:32,440 Speaker 1: I agree. 449 00:29:32,440 --> 00:29:35,119 Speaker 3: The other one is The other one is the argument 450 00:29:35,480 --> 00:29:39,240 that if we disagree in any way with anything that 451 00:29:39,400 --> 00:29:43,000 president administration is doing, we need to shut up because 452 00:29:43,480 --> 00:29:45,759 Donald Trump knows all. 453 00:29:46,079 --> 00:29:49,000 Speaker 1: Yeah. I reject that argument as well. It sounds like 454 00:29:49,000 --> 00:29:52,119 you do too. I am not convinced by people telling 455 00:29:52,160 --> 00:29:54,440 me to shut up. That is not a convincing or 456 00:29:54,480 --> 00:29:58,680 persuadable argument or persuasive argument that's ever worked on me. 457 00:29:59,680 --> 00:30:04,279 Speaker 3: Well, I don't like these massive bills the Congress passes 458 00:30:04,319 --> 00:30:06,440 because every one of them they passed has had all 459 00:30:06,480 --> 00:30:09,200 sorts of horrors stuck in the middle of them, not 460 00:30:09,400 --> 00:30:11,960 to mention the fact that they all seem to be 461 00:30:12,079 --> 00:30:16,359 get ridden. Yep, and this one is not all that 462 00:30:16,519 --> 00:30:19,799 different from the rest. But anybody who disagrees is being 463 00:30:19,839 --> 00:30:20,759 told to shut up. 464 00:30:20,880 --> 00:30:23,559 Speaker 1: Yeah. No, it's the same thing. It's why I started 465 00:30:24,039 --> 00:30:27,680 sniffing a rat with the climate change arguments as well, James. 466 00:30:27,720 --> 00:30:29,799 I appreciate the call. Hey, when people say, oh, just 467 00:30:29,799 --> 00:30:32,400 stop talking about it, the debate is over, man, that's 468 00:30:32,480 --> 00:30:35,240 usually not the sign you got a strong argument Jerry, 469 00:30:35,279 --> 00:30:38,279 Welcome to the show. Hey Jerry, Hey for you. How 470 00:30:38,319 --> 00:30:39,519 you doing, Hey, I'm good? What's up? 471 00:30:40,200 --> 00:30:40,400 Speaker 2: Hey? 472 00:30:40,400 --> 00:30:43,079 Speaker 3: Man? In society that cares more about keeping up with 473 00:30:43,160 --> 00:30:46,200 the Kardashians and who they sleeping than they do about 474 00:30:46,279 --> 00:30:47,359 the Congress. 475 00:30:46,880 --> 00:30:48,880 Speaker 1: And who they vote and how they vote, and. 476 00:30:49,119 --> 00:30:51,240 Speaker 3: I think we never going to get it, Piggs, buddy. 477 00:30:51,720 --> 00:30:55,079 Speaker 1: Well, as I've always said, it takes competent, good people 478 00:30:55,160 --> 00:30:58,319 to volunteer their time and expertise, or else you're going 479 00:30:58,359 --> 00:31:02,640 to be governed by bad and inpe in people. And yeah, 480 00:31:02,680 --> 00:31:04,680 and the longer it takes for people to realize that 481 00:31:04,720 --> 00:31:06,599 the worst software all going to be I suspect I 482 00:31:06,599 --> 00:31:10,640 appreciate the call, Jerry. Let me get Ray on next. Hello, Ray, 483 00:31:10,720 --> 00:31:11,640 welcome to the program. 484 00:31:12,680 --> 00:31:13,559 Speaker 4: Hey Pete. How you doing? 485 00:31:13,599 --> 00:31:14,519 Speaker 1: Hey, I'm good, what's up? 486 00:31:15,440 --> 00:31:18,319 Speaker 4: I just wanted to call and say I call in 487 00:31:18,400 --> 00:31:23,319 quite often to your show and others, but I and 488 00:31:23,440 --> 00:31:26,400 I heard the first ruling about the terrace. It got 489 00:31:26,440 --> 00:31:28,759 me upset and I thought, well, there they go again. 490 00:31:29,640 --> 00:31:35,279 But since you clarified that it's not the same same 491 00:31:35,319 --> 00:31:38,400 and I appreciate you doing that, and I thank you 492 00:31:38,480 --> 00:31:41,680 for that, and I also thank you about being very 493 00:31:41,759 --> 00:31:45,920 thorough in everything you talk about. You I can really 494 00:31:45,960 --> 00:31:48,799 tell you do your homework when you're getting the show ready. 495 00:31:49,519 --> 00:31:53,480 And also just for an instance, like you were reading 496 00:31:53,519 --> 00:31:57,119 the forty nine page reports this morning and you said, 497 00:31:57,160 --> 00:32:00,000 I'm going to read page forty six of forty nine 498 00:32:00,119 --> 00:32:04,839 on It's little things like that that really make it good. 499 00:32:04,960 --> 00:32:09,079 From my perspective, that you say forty nine and you 500 00:32:09,160 --> 00:32:12,200 tell us of forty six. Yeah, that's kind of my 501 00:32:12,279 --> 00:32:13,400 comp comment. 502 00:32:13,599 --> 00:32:15,480 Speaker 1: Well, thank you, Ray, I know I appreciate the call. 503 00:32:15,559 --> 00:32:17,559 Thanks so much. It's a lot of show prep and 504 00:32:17,599 --> 00:32:19,960 most of it never even makes it on the air unfortunately. 505 00:32:21,240 --> 00:32:23,559 All right, that'll do it for this episode. Thank you 506 00:32:23,640 --> 00:32:25,640 so much for listening. I could not do the show 507 00:32:25,640 --> 00:32:28,160 without your support and the support of the businesses that 508 00:32:28,240 --> 00:32:31,319 advertise on the podcast, so if you'd like, please support 509 00:32:31,359 --> 00:32:33,039 them too and tell them you heard it here. You 510 00:32:33,039 --> 00:32:35,680 can also become a patron at my Patreon page or 511 00:32:35,759 --> 00:32:39,400 go to dpetecleanershow dot com. Again, thank you so much 512 00:32:39,400 --> 00:32:46,599 for listening, and don't break anything while I'm gone.