The Charlie Kirk Show - Can the Courts Trump Trump's Tariffs?

00:00:00.000 Hey, everybody.

00:00:00.000 Charlie Kirk here, live from the Bitcoin.com studio.

00:00:04.000 President Trump's tariffs are blocked, we explain, but also my visit to the Oval Office.

00:00:10.000 That's right.

00:00:10.000 I've been in the Oval Office a couple times prior, but this one was uniquely moving, was very special on a deeply spiritual level.

00:00:18.000 Listen to that and text this episode to your friends.

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00:00:42.000 Buckle up, everybody.

00:00:43.000 Here we go.

00:00:44.000 Charlie, what you've done is incredible here.

00:00:45.000 Maybe Charlie Kirk is on the college campus.

00:00:47.000 I want you to know we are lucky to have Charlie Kirk.

00:00:51.000 Charlie Kirk's running the White House, folks.

00:00:54.000 I want to thank Charlie.

00:00:55.000 He's an incredible guy.

00:00:56.000 His spirit, his love of this country.

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00:01:42.000 Yesterday, I had a very moving day.

00:01:46.000 One that I don't take for granted.

00:01:49.000 Yesterday I was in the White House, which thankfully I've been there a few times since President Trump has won the election.

00:01:57.000 But I was able to visit what could be called the most sacred ground of the American government.

00:02:05.000 The place where so many decisions have been made, where war has been waged, where the highest decisions of the land I've been there a couple times before, but visiting it yesterday was very moving.

00:02:22.000 And that, of course, is the Oval Office.

00:02:25.000 Walking into the Oval Office and into the Cabinet Room with President Trump was overwhelming.

00:02:31.000 It was larger than life.

00:02:34.000 Every time I walk into the Oval Office, and it's only been a couple times, it does take your breath away.

00:02:40.000 What President Trump has done with it is remarkable.

00:02:42.000 It has really turned into a museum.

00:02:45.000 I got to see the original copy of the Declaration of Independence.

00:02:50.000 Amazing photos lining the entire oval from William Henry Harrison to James Polk.

00:02:59.000 In fact, when President Trump was showing me around, he pointed at James Polk and he says, you know, James Polk is one of the most underrated presidents in history.

00:03:08.000 I said, well, tell me why, Mr. President.

00:03:11.000 He says, Well, he didn't do much, except he did add California and Texas.

00:03:16.000 So that's quite a legacy.

00:03:17.000 I can see the gears grinding there.

00:03:22.000 There is a aura when you walk into the Oval Office, and it was not lost on me how things have changed so dramatically and how we should be filled with gratitude and awe and wonder to Lord Almighty, the mystique that you desire.

00:03:42.000 It is one that is sacred ground in our nation.

00:03:47.000 Today is Thursday, May 29th.

00:03:51.000 Exactly one year ago today, President Donald Trump's jury deliberations started in the criminal trial in New York.

00:04:06.000 Was in what he called the icebox.

00:04:09.000 Remember, they had quarantined President Trump where he could not raise money.

00:04:14.000 He could not travel the country.

00:04:18.000 He could not campaign.

00:04:21.000 The trial began on April 15, 2024.

00:04:28.000 And it ended on May 30, 2024.

00:04:32.000 I want you to think about where we were a year ago.

00:04:36.000 A year ago, Biden was beating President Trump in many of the polls.

00:04:40.000 A year ago, our border was completely and totally wide open.

00:04:47.000 President Trump was largely gagged by the judge.

00:04:53.000 President Donald Trump turned those press gaggles into campaign opportunities, which was incredibly impressive.

00:05:00.000 Remember these famous pictures of President Trump who had to sit through this Ridiculous Moscow show trial.

00:05:08.000 And the people on the left thought they had him dead to rights.

00:05:13.000 They thought the movement would betray him.

00:05:16.000 They thought putting him in a courtroom, which was only happening a year ago today, it feels like it's been five years.

00:05:25.000 And then tomorrow will be the one-year anniversary of when he's actually, quote-unquote, found guilty on the fake 34 accounts.

00:05:33.000 A year ago, the media insisted that Biden was still totally healthy, and it was misleading videos and cheap fakes that were suggesting otherwise.

00:05:45.000 Now, Jake Tapper is writing an entire book on how the media got it wrong.

00:05:49.000 How did President Trump ascend from facing 700 years in federal prison, having to sit in the icebox where the entire system cracked?

00:06:03.000 I love that picture.

00:06:04.000 Can we go back to the picture of J.D. Vance there, please?

00:06:07.000 Remember, this is J.D. Vance looking on President Trump before he was chosen as Vice President of the United States.

00:06:15.000 Look at that foreshadowing right there.

00:06:17.000 I love that picture.

00:06:18.000 We should get that picture framed in our office.

00:06:20.000 Because very few U.S. senators, I think I see the great Tommy Tuberville there, but very few U.S. senators actually visited President Trump when he was in trial.

00:06:28.000 J.D. Vance did.

00:06:30.000 Here's just some of the media commentary of what was happening a year ago.

00:06:35.000 There were cheers in the Biden headquarters when President Trump was found to be a felon.

00:06:42.000 Remember, we were still running against Joe Biden a year ago.

00:06:44.000 Play cut 307.

00:06:46.000 Our team has heard that there were cheers inside the Biden headquarters in Wilmington as the verdict was read.

00:06:52.000 Look, President Biden has been very careful in the last weeks not to comment on this trial.

00:06:58.000 That, I have been told, will now change now that we have a verdict.

00:07:01.000 Obviously, these guilty verdicts are a political gift to Democrats, a political gift to the president.

00:07:06.000 He is now running against a convicted felon.

00:07:09.000 They really thought it was going to work.

00:07:11.000 They were all in on, hey, we can now change the title on his driver's license, convicted felon President Donald Trump.

00:07:18.000 They spent millions to try to get that soundbite, convicted felon.

00:07:25.000 Remember when James Comey was saying they could accommodate the incarceration of a sitting president?

00:07:30.000 They'd kind of figure out, there's got to be a way to do this security-wise.

00:07:36.000 A year ago, our movement was still in the wilderness.

00:07:41.000 But we had a leader.

00:07:42.000 And we had you.

00:07:44.000 As I walked into the Oval Office yesterday, I was so thankful for all of you that stood by this program and were in the trenches the last couple of years.

00:07:56.000 Not just was President Trump on trial a year ago.

00:07:59.000 Think about three years ago.

00:08:02.000 Think about the spring of 2022.

00:08:05.000 We didn't have access to most social media.

00:08:08.000 X and the Twitter thing was just finally popping up and finally happening.

00:08:13.000 We were censored.

00:08:14.000 We were muzzled.

00:08:15.000 We were in the wilderness.

00:08:17.000 And to march all the way back to the Oval Office is awe-inspiring, and it takes your breath away.

00:08:25.000 It goes to show, despite all of the machinations of the unelected administrative state, and look at that contrast.

00:08:34.000 We should tweet that out, guys.

00:08:37.000 How a year ago you're in a courtroom and a year later you're in the cabinet room.

00:08:45.000 From the courtroom to the cabinet room.

00:08:48.000 And they did everything they possibly could to stop that from happening.

00:08:54.000 They tried to humiliate him by making him sit there and read off all the charges and all the testimonies.

00:09:00.000 They were trying to break.

00:09:02.000 The will of all of you, and yet they underestimated the strength and the durability and the anti-fragile element of this movement.

00:09:12.000 The more pressure that was applied to all of you, the more pressure that was applied to us, the stronger we got.

00:09:20.000 It is a very unique American phenomenon.

00:09:23.000 You do not find this in most European countries.

00:09:26.000 You do not find this in most places across the world.

00:09:29.000 The goal was to demoralize us and to get us to give up.

00:09:32.000 Instead, we rallied to greater heights than ever before.

00:09:36.000 Where people are even going to say, this is outrageous.

00:09:38.000 You're going to try to put a political leader in prison because you're afraid that he'll beat you in an election?

00:09:43.000 And it turns out all of their fears were warranted.

00:09:46.000 It turns out they were...

00:09:58.000 They could not win the debate.

00:10:00.000 They could not win on the facts.

00:10:01.000 They could not win on the merits.

00:10:03.000 They had to use leg irons, handcuffs, shackles, courtrooms, and prison sentences.

00:10:11.000 So it's not a straight line for President Trump to fulfill his mandate.

00:10:15.000 There will be setbacks, injunctions, political and cultural brawls, but there's a big difference.

00:10:20.000 Now we have the power.

00:10:22.000 And a year ago, he was in a courtroom, and Biden was chuckling, eating his ice cream, not really sure what was going on.

00:10:31.000 And now we have President Trump in the Oval Office.

00:10:33.000 Full steam ahead, and now the Democrats are in the wilderness.

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00:11:40.000 Here's James Comey.

00:11:42.000 Remember this?

00:11:42.000 was fantasizing about how to logistically arrange President Trump in prison.

00:11:48.000 They had almost a quasi They have a quasi-fetish.

00:11:56.000 That was close to a word I was going to use.

00:11:59.000 Almost like a pornographic mind when it comes to Donald Trump in prison.

00:12:03.000 It almost gave them a sexual thrill to see a previous president in prison.

00:12:13.000 Listen to this.

00:12:14.000 Playcut 351.

00:12:15.000 Do you agree with that, that it would be difficult or nearly impossible for the law enforcement institutions to put him in actual jail?

00:12:21.000 No.

00:12:22.000 They would just put him in a double-wide somewhere out near the fence, out in the grass.

00:12:26.000 And he would eat there, he'd shower there, he'd exercise there, he'd be away, as Donya Perry said, from general population.

00:12:33.000 But it's obviously doable.

00:12:34.000 They really could not help themselves.

00:12:37.000 If they had not indicted Trump, he may not have completed the comeback.

00:12:42.000 Every step of the comeback, the left gave him a boost.

00:12:46.000 You see, you can imagine that there was a meeting.

00:12:49.000 Now, if Jake Tapper actually wants to do some reporting, here's some reporting that is worth doing.

00:12:54.000 But I don't know if we'll find this out for another 10 or 20 years.

00:12:59.000 There was obviously a meeting.

00:13:03.000 there was without a doubt a meeting of all the smart Democrats.

00:13:06.000 The meeting probably happened...

00:13:16.000 There was almost certainly a meeting that Joe Biden wasn't there, but amongst the kind of lawfare architects, the Elias types, the Valerie Jarrett types, the smart Democrats, the masters of the universe, because you don't get four simultaneous indictments within 10 months just saying, No, there was a decision.

00:13:37.000 There was a signal that was definitely made.

00:13:39.000 And I almost guarantee you that somebody that was respected put forward a theory of the case.

00:13:48.000 And their theory of the case was this.

00:13:50.000 Because remember, President Trump announced for the presidency in November of 2022, right after the midterms.

00:13:56.000 It was right after.

00:13:56.000 He said, Mar-a-Lago, I'm running for the presidency.

00:13:59.000 I'm going to go take it back.

00:14:02.000 And I bet one or two smart Democrats, their theory of the case was this, that this guy is going to win unless we stop him.

00:14:07.000 We have to throw everything we possibly can.

00:14:10.000 We gave him the warning shot.

00:14:12.000 Remember, the warning shot was in August of 2022 of the raid of Mar-a-Lago on the documents case.

00:14:17.000 He ignored our warning shot.

00:14:20.000 The only way we stop this monster is with the full force of every government instrument that we control.

00:14:27.000 We're going to throw...

00:14:32.000 We're going to make her into a national icon.

00:14:35.000 We're going to have Alvin Bragg be the first one.

00:14:37.000 He will cross the Rubicon.

00:14:39.000 He will be the opening shot because he's in New York and there's almost no political consequences.

00:14:44.000 We're going to create this thug Jack Smith to go after all the January 6th stuff, simultaneous document stuff.

00:14:51.000 We are going to make it seem that he is so unpopular that this will prevent him from winning a Republican primary.

00:14:57.000 And that is where their great failure was.

00:15:00.000 You see, if they would have let President Trump be alone, I still think President Trump obviously would have won the primary, and I think he would have won it decisively, but he wouldn't have won it as overwhelmingly and non-competitively.

00:15:13.000 The indictments almost ended all the momentum, imaginable.

00:15:18.000 And then Governor DeSantis, a man who I respect, completely blundered.

00:15:22.000 He's like, oh, you know, he's being indicted on stuff, and the base just said no.

00:15:26.000 You are trying to go after our leader that they're trying to take out that was wrongfully displaced from power.

00:15:31.000 So the Democrats actually were the glue that kept the Republican primary voters together.

00:15:37.000 And then they went a step further.

00:15:41.000 I mean, to give you an idea, we had Blake wearing a MAGA hat here.

00:15:44.000 I mean, we were really behind this entire thing, largely because it was the indictment of the...

00:15:57.000 The lawfare from the Democrats galvanized the base.

00:16:02.000 And we kept together and we stayed together.

00:16:07.000 Because we saw what they were going to make the country become.

00:16:10.000 And we just, on principle and principle alone, we said you cannot indict.

00:16:15.000 The leader of the opposition party.

00:16:17.000 Go beat them in an election.

00:16:19.000 Go and debate them.

00:16:20.000 Go run a bunch of negative ads.

00:16:22.000 All that is fine.

00:16:22.000 You don't get to use the instruments of justice against a political leader that you don't like.

00:16:30.000 And it was just bigger than primary politics.

00:16:34.000 The base said that if they can arrest a former president, we must stay together and fight back.

00:16:42.000 As President Trump leaned in and fought these indictments, he ascended and he won more men, black and Hispanic men, and low-propensity voters because it was Donald Trump against the machine.

00:16:55.000 As soon as that photograph flashed and they took the mugshot, it was largely the end of Biden, Harris, or the Democrats' chances of winning in 2024.

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00:18:25.000 Joining us now is John Carney, finance and economics editor at Breitbart.com.

00:18:29.000 John, thank you for taking the time.

00:18:31.000 So, John, a lot of people are confused.

00:18:32.000 Explain to us what the court ruling was yesterday, which was preventing President Trump's use of the IEPA, which was the Emergency Powers Act when it comes to tariffs.

00:18:45.000 Explain to our audience what happened yesterday.

00:18:47.000 Right.

00:18:48.000 In the trade courts, they like to refer to it as IEPA.

00:18:52.000 So it is the International Emergency Economic Powers Act.

00:18:56.000 It was the legal basis on which President Trump had imposed the fentanyl tariffs, fentanyl trafficking tariffs on China and on Mexico and on Canada, and also the worldwide 10% tariff, the reciprocal tariff on everybody.

00:19:17.000 Traditionally, IEPA is actually a statute that's used to impose sanctions.

00:19:21.000 The sort of modal version of it is Jimmy Carter is the first person to ever use it.

00:19:28.000 He uses it to impose sanctions on Iran after they took Americans hostages at the embassy.

00:19:35.000 So it's typically a sort of freeze assets, impose sanctions, not usually, has never actually been used to have very broad tariffs.

00:19:46.000 This was a novel legal approach that the Trump administration was doing, saying we can declare an emergency.

00:19:52.000 We're allowed to block things altogether under this, so we should be allowed to impose tariffs under it.

00:20:00.000 The Court of International Trade, which is a specialized court in Washington, D.C., that hears trade cases.

00:20:09.000 And I think it's important that it was the Court of International Trade.

00:20:13.000 This isn't some, like, radical left-wing district court judge who did this.

00:20:18.000 This is actually a pretty respectable court and respectable panel.

00:20:24.000 They said, no, you can't impose tariffs under this act.

00:20:27.000 That there is nothing in the act that says you have the power to impose tariffs.

00:20:33.000 That's too broad of a reading.

00:20:34.000 And they said, if you could impose tariffs under this act, The Constitution says Congress sets tariffs and Congress can't just say to the president, no, we're going to let you do it.

00:20:53.000 So this same panel, interestingly enough, also tried to prevent some of Trump's tariffs in the first term.

00:21:02.000 And they got that overturned.

00:21:04.000 That was under a different act.

00:21:06.000 It was a different legal basis.

00:21:07.000 They tried to say you couldn't impose the metals tariffs.

00:21:11.000 And they got that overturned.

00:21:13.000 So they don't have a perfect record here.

00:21:16.000 The Trump administration is obviously going to appeal it, but the decision isn't, you I mean, it has some good, I would say, conservative legal jurisprudence behind it.

00:21:29.000 Can Trump simply redo the tariffs using the Trade Expansion Act of 1962?

00:21:35.000 Yeah, he probably can.

00:21:36.000 He probably can just come back.

00:21:38.000 He has to do—the thing is, under those acts, under all the other acts where they've imposed 201, 232, you'll hear all these numbers thrown around.

00:21:46.000 You usually have to have a little bit more procedure.

00:21:49.000 So you have to have, like, Commerce Department or the U.S. Trade Representative do a study, produce a paper, and then you impose the tariffs based on that.

00:21:57.000 Now, they can do that.

00:21:58.000 They can do it pretty quickly.

00:22:00.000 And the courts are unlikely to say, well, you don't like the outcome of your procedural decision.

00:22:09.000 But there are hurdles.

00:22:13.000 I think the very first step is, yes, they're going to look into imposing tariffs other ways.

00:22:18.000 But what they're really going to do is appeal this.

00:22:20.000 They have 10 days.

00:22:21.000 The court says they have to get rid of the tariffs within 10 days.

00:22:24.000 They're going to appeal it.

00:22:26.000 And ask the Federal Circuit, that's who hears the appeals from the Court of International Trade, they're going to ask the Federal Circuit to, one, stay it, and two, overturn this decision.

00:22:37.000 And I don't think we know exactly how that's going to go.

00:22:40.000 I think the Trump administration probably will win that case.

00:22:45.000 I don't think that the courts are going to revive non-delegation. 0.99

00:22:49.000 Non-delegation has kind of been a dead law.

00:22:52.000 Or, you know, a dead judicial interpretation for 100 years.

00:22:56.000 It hasn't been used to overturn any laws.

00:22:59.000 But maybe they do.

00:23:01.000 I mean, it could be ironic, right, that they revive this conservative approach to constitutional law by limiting a conservative president.

00:23:12.000 Sometimes the courts like to do it cutely like that, I guess.

00:23:15.000 I have two questions here, the first of which is that partially, not But partially the reason why the southern border was able to be secured so quickly is that Mexico was able to cooperate.

00:23:28.000 It's much easier to secure a border from the interior than from the exterior.

00:23:33.000 It is.

00:23:34.000 Just definitionally, it's much easier to prevent people from leaving your country than from coming into your country. 0.93

00:23:39.000 And one of the reasons why Mexico was very quick to help and cooperate is the threat of tariffs against Mexico.

00:23:47.000 Does this make those tariffs against Mexico or the threat of them null and void?

00:23:52.000 And what implications might that have for border security?

00:23:55.000 Well, I think it would, on its face, basically take away the power of the president to use these sort of tariffs.

00:24:03.000 That's actually an argument that the Trump administration is likely to use in court because it will say, hey, court, stop second-guessing us in international affairs.

00:24:13.000 We need this power to conduct.

00:24:17.000 Our foreign diplomacy.

00:24:19.000 There is an economic emergency.

00:24:21.000 There is an emergency at the border.

00:24:22.000 We need to be able to use this to solve that problem.

00:24:27.000 And I think they might win on that ground.

00:24:29.000 I don't think we're going to see, like, Mexico decide, oh, you know, now that Trump lost this tariff power, you know, because of a single court decision, we don't have to listen to him anymore.

00:24:40.000 That would be quite foolish, because as we were saying, there are other alternatives.

00:24:45.000 And it's very possible that the appeals court will say, you know, no, the president can do this, actually.

00:24:52.000 So second this, which is I can imagine there can be immediate action against China, though.

00:24:58.000 The China case is far easier to prove.

00:25:01.000 I think those documents have already been done probably by Biden.

00:25:04.000 And just because there's a new president doesn't mean all the studies I mean.

00:25:07.000 I think that those can be inherited from one administration to the other.

00:25:11.000 Absolutely.

00:25:12.000 So I think the Chinese tariffs are largely untouched.

00:25:15.000 Is that fair to say?

00:25:16.000 Yeah, the Chinese tariffs.

00:25:17.000 The one that may be in doubt here is there is like this additional tariff because of fentanyl trafficking.

00:25:26.000 That could be in doubt, but the administration can just And that is on much steadier legal grounds.

00:25:38.000 So there's not a real respite for China here.

00:25:41.000 There's potentially a respite for the Canada and Mexico. 0.93

00:25:46.000 Because basically the court said, we don't think you can link, you can come up with tariffs as a result of fentanyl or illegal immigration.

00:25:54.000 I think that either the Supreme Court or the Federal Circuit may say that they don't want courts second guessing when a president is elected.

00:26:21.000 that it's an economic tool, it's a softer touch than sanctions, I think that's the strongest of all the arguments.

00:26:28.000 Because we are being invaded.

00:26:30.000 We do have fentanyl coming into the country.

00:26:31.000 If it's just simply and solely on economic means...

00:26:38.000 I mean, it's not hard to say that Germany is definitely compromising American auto companies by Volkswagen and Porsche and Mercedes-Benz and BMW.

00:26:50.000 So I guess the question is here, and the markets have been...

00:26:56.000 I would have expected a little more of an explosion.

00:26:58.000 We saw that early and then it went down and went back up.

00:27:01.000 I guess this is just more of a delay of the inevitable.

00:27:04.000 President Trump will still be able to use tariffs in one way or another.

00:27:07.000 Yes, I think that is the way the market's reading it.

00:27:10.000 They said, okay, this court has said stop, but we imagine that the appeals court will put a stay on this order so that Trump will be able to impose the tariffs.

00:27:23.000 Outcome of this is pretty unclear, so people don't want to get too excited about it.

00:27:28.000 And because there are all these other statutes that authorize tariffs, Trump can come back.

00:27:33.000 Frankly, I think it would be a good idea and welcome for Trump to actually go to Congress and say, I want clear authorization to impose reciprocal tariffs.

00:27:44.000 Anybody who has an untrade fair trade practice against the United States, the president should be allowed. 0.90

00:27:51.000 To impose tariffs.

00:27:52.000 Congress, give me that direct, you know, call it the Reciprocal Tariff Act.

00:27:57.000 Give me that direct power so that the courts can't doubt it and nobody else can second guess it.

00:28:04.000 I think Congress would probably do it.

00:28:06.000 Yes, there are free traders and there are people who would be uncomfortable with that.

00:28:10.000 But I think you probably have a majority in both houses to be able to bring that about.

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00:28:24.000 From small batch sellers to fast-growing brands, 74% of businesses on TikTok say it's helped them scale.

00:28:30.000 We go super viral on TikTok here on this program, reaching billions and billions of views.

00:28:35.000 You see, by hiring more employees, boosting sales, and expanding new locations, like AZ Taco King, who grew up from a mom-and-pop taco cart to two thriving restaurants in just a year.

00:28:46.000 Or Coco Asante, who upgraded to a larger facility and brought on more staff, letting their handcrafted chocolates reach more customers.

00:28:53.000 Or Dan O's Seasonings, who went from a one-man show to a team of 45, now supporting dozens of hardworking families.

00:29:00.000 With TikTok, small businesses are thriving.

00:29:02.000 Ours certainly is.

00:29:03.000 Again, reaching hundreds of millions of people a week on TikTok.

00:29:07.000 But one of the reasons we're able to win the youth vote is thanks to what we can do on TikTok.

00:29:12.000 Finding their customers and expanding.

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00:29:20.000 So check it out, tiktokeconomicimpact.com, tiktokeconomicimpact.com.

00:29:25.000 Portions of the Charlie Kirk show are brought to you in part by tiktokeconomicimpact.com.

00:29:32.000 Okay, we are continuing now through this breaking news with John Carney, finance and economics editor at brightbart.com.

00:29:40.000 John, what is this breaking news?

00:29:41.000 So a judge has ruled that the opioid tariffs, the fentanyl tariffs, in other words, on China also are not authorized by the Emergency Economic Powers Act.

00:29:53.000 It's actually not really that big of a deal.

00:29:55.000 This really just repeats what the court said last night.

00:30:00.000 It is, again, saying that this act doesn't authorize the tariffs.

00:30:05.000 I don't think that will really matter for China because Trump has so many other Statutory means to impose tariffs on China.

00:30:15.000 And they did the studies that they needed to do in the first term.

00:30:19.000 Biden has done them as well.

00:30:22.000 So they can just raise that.

00:30:23.000 If the judge says, no, you can't do the IEPA tariffs, now...

00:30:36.000 So I don't think that this new decision is that big of a deal, but it does highlight that the courts really do not, that at least the Court of International Trade does not think that the imposition of tariffs through this act, and the act does not, and I think The act does not say the president can impose tariffs.

00:31:02.000 It says he can restrict trade, do trade, he can block things.

00:31:06.000 It's a logical extension to say he can impose tariffs, but it's not necessarily clear in the statute.

00:31:14.000 I think the courts are probably going to look at both of these things that just came, the one that just came down last night and say, yeah, Congress actually did.

00:31:27.000 They really did it, and they didn't put a lot of procedural safeguards.

00:31:31.000 And I don't think they're going to use this case to revive the theory of non-delegation.

00:31:36.000 They could, but I don't think the Federal Circuit would do that.

00:31:39.000 I think that would have to get up to perhaps the Supreme Court for that to happen.

00:31:44.000 So, John, in closing here, it seems like the president has invented a new way to use tariffs.

00:31:51.000 Typically, they were either used for economic development domestically or national security reasons.

00:31:56.000 He now uses this as a negotiation tool and tactic.

00:32:00.000 More broadly, do you think this will neuter President Trump's ability to bring other countries to the table, or will he find creative other ways to still use the tariff power?

00:32:09.000 I think he will find creative other ways to still use the tariffs.

00:32:12.000 I don't think that this is going to substantively affect what they're able to do with tariffs.

00:32:19.000 I think it puts a stumbling block.

00:32:21.000 They'll have to pin it on other statutes.

00:32:24.000 And like I said, I'm not very sure that this gets upheld at all.

00:32:29.000 So, you know, it's a minor stumbling block.

00:32:33.000 The Trump's ability to, as you were saying, use tariffs to accomplish diplomacy is going to remain even if this case gets upheld by the appeals court.

00:32:45.000 John, thank you for your time.

00:32:46.000 Please plug your stuff.

00:32:48.000 How can our audience support you and learn more about you?

00:32:50.000 Absolutely.

00:32:51.000 The best thing they can do is subscribe to Breitbart Business Digest.

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00:33:27.000 John, thank you so much.

00:33:28.000 Really appreciate your time.

00:33:29.000 Thank you.

00:33:30.000 Thanks so much for listening, everybody.

00:33:31.000 Email us, as always, freedom at charliekirk.com.

The Charlie Kirk Show - May 29, 2025

Can the Courts Trump Trump's Tariffs?

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