09 02 25 iHeartRadio reporter Jon Decker on lawsuit against President Trump tariffs

Episode Transcript

Speaker 1 (00:00):
Gina Goddeck and Marty Lenz on Colorado's Morning News. President
Trump suffering a legal setback and his tariff wars a
federal appeals court ruling that he overstepped his presidential authority
when he used emergency powers to issue tariffs on US
trading partners.

Speaker 2 (00:14):
The President now criticizing that decision on truth social staying
quote a highly partisan appeals courting correctly said that our
tariffs should be removed, joining us now in the ka
Common Spirit of Health hotline iHeartRadio White House correspondent and
attorney John Decker. John first explained what was the federal
appeals court's argument for this ruling that could deal a
blow to the President's tariff policies.

Speaker 3 (00:34):
Well, one of the arguments that was made by this
federal appellate court was that the President did not act
constitutionally or permissively in imposing these tariffs. They say, tariffs
are essentially taxes, and it's not the purview of the
executive branch to impose taxes. It is the responsibility and

(00:55):
the purview of the legislative branch of Congress to do so.
Not what happened here. In addition to that, the administration
relies on a law that was passed in nineteen seventy seven. Essentially,
they say, giving a carve out for the president to
impose tariffs for unusual and emergency circumstances. And what are

(01:16):
those unusual and emergency circumstances? According to the administration, it's
the large trade deficit that the US has right now.
But as the court points out in its majority opinion,
those trade deficits have existed for literally decades, So they say,
it's hard to see what the emergency is if those
deficits have been on the books for thirty years.

Speaker 1 (01:39):
Okay, So John, first, explain where do we stand right
now with this Federal appeals Court argument. Does this mean
that this will apply to all tariffs or all tariffs
instantly gone or some still in effect?

Speaker 2 (01:50):
Where are we at this moment?

Speaker 3 (01:52):
Well, all the tariffs, they say, remain in effect at
least until October the fourteenth. That gives time for the
Stration to appeal this decision that was made by this
Federal Appellate court appeal to the US Supreme Court, so
the Supreme Court will have the final say on this. Potentially,
any importer that paid tariffs that are ruled unconstitutional would

(02:15):
be entitled to a refund, So that would certainly have
major implications on the President's economic and legislative agenda going forward.
So that's the reason why I say this particular issue,
this decision by this Appella Court could have major implications
on President Trump and his agenda going forward.

Speaker 2 (02:36):
I was going to ask if these countries were due
a refund. And this may be ancillary or tertiary, John,
but was there anything in the ruling that basically pointed
out that Congress really has abdicated their responsibility in these
oversights of these tariffs.

Speaker 3 (02:50):
Well, when you say abdicated, I think you're referring to
that nineteen seventy seven law. And the law has never
been invoked to impose tariffs before. This is the first
time it's happened. Remember, President Trump, this is not the
first time he's been president. He could have invoked this
same law in his first term, but he didn't do so.
And the big question is why why didn't you impose

(03:13):
those tariffs, those reciprocal tariffs. It certainly there certainly was
a trade deficit in the president's first term, and yet
he did not invoke those tariffs. Big question I asked
the President that very question back on July the thirty first,
when I was in the Roosevelt Room when the President
signed an executive order. He said, the reason why I
had to do with the pandemic. But the pandemic happened

(03:35):
in the fourth and final year of the President's first
term in office. He certainly could have imposed those tariffs
in years one, in years two, or in years three.
He did not do that. So lots of unanswered questions.
And I think a lot of those unanswered questions will
ultimately be decided by the US Supreme Court.

Speaker 1 (03:54):
Maybe another unanswered question, John, But President Trump is said
to make an announcement from the Oval Office around noon
our time today. Any inclination or any word on what
that could be about.

Speaker 3 (04:05):
Yeah, it actually impacts the state of Colorado. And this
is my speculation. We'll see if I'm right. I'm typically right. Actually,
when it comes to speculation, why would it impact Colorado?
I believe the President today is going to announce that
he's moving Faith Force Command from Colorado Springs to Huntsville, Alabama.

(04:25):
And that announcement, I believe will be made by the
President in the Oval Office at two pm Eastern time
today noon for you. I'll be in the Oval Office,
so I will have an opportunity to ask the President
questions not only about the announcement that he's making, and
I believe it's about spaith force, but also about the

(04:46):
decision that was made by that Federal Appella Court on
Friday related to his tariffs policy.

Speaker 2 (04:51):
The former decision actually impacts us a lot here in Colorado.
We're definitely going to keep our eyes in eels years
peeled with that. iHeartRadio. White House correspondent and Attorney John Decker,
Thank you, Thank you.