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The Dictatorship

The Supreme Court’s conservative majority eyes more power for the president

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The Supreme Court’s conservative majority eyes more power for the president

WASHINGTON (AP) — Chief Justice John Roberts has led the Supreme Court ‘s conservative majority on a steady march of increasing the power of the presidency, starting well before Donald Trump’s time in the White House.

The justices could take the next step in a case being argued Monday that calls for a unanimous 90-year-old decision limiting executive authority to be overturned.

The court’s conservatives, liberal Justice Elena Kagan noted in September, seem to be “raring to take that action.”

They already have allowed Trump, in the opening months of the Republican’s second term, to fire almost everyone he has wanted, despite the court’s 1935 decision in Humphrey’s Executor that prohibits the president from removing the heads of independent agencies without cause.

The officials include Rebecca Slaughterwhose firing from the Federal Trade Commission is at issue in the current case, as well as officials from the National Labor Relations Board, the Merit Systems Protection Board and the Consumer Product Safety Commission.

The only officials who have so far survived efforts to remove them are Lisa Cooka Federal Reserve governor, and Shira Perlmuttera copyright official with the Library of Congress. The court already has suggested that it will view the Fed differently from other independent agencies, and Trump has said he wants her out because of allegations of mortgage fraud. Cook says she did nothing wrong.

Humphrey’s Executor has long been a target of the conservative legal movement that has embraced an expansive view of presidential power known as the unitary executive.

The case before the high court involves the same agency, the FTC, that was at issue in 1935. The justices established that presidents — Democrat Franklin D. Roosevelt at the time — could not fire the appointed leaders of the alphabet soup of federal agencies without cause.

The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the air waves and much else.

Proponents of the unitary executive theory have said the modern administrative state gets the Constitution all wrong: Federal agencies that are part of the executive branch answer to the president, and that includes the ability to fire their leaders at will.

As Justice Antonin Scalia wrote in a 1988 dissent that has taken on mythical status among conservatives, “this does not mean some of the executive power, but all of the executive power.”

Since 2010 and under Roberts’ leadership, the Supreme Court has steadily whittled away at laws restricting the president’s ability to fire people.

In 2020, Roberts wrote for the court that “the President’s removal power is the rule, not the exception” in a decision upholding Trump’s firing of the head of the Consumer Financial Protection Bureau despite job protections similar to those upheld in Humphrey’s case.

In the 2024 immunity decision that spared Trump from being prosecuted for his efforts to overturn the 2020 election results, Roberts included the power to fire among the president’s “conclusive and preclusive” powers that Congress lacks the authority to restrict.

But according to legal historians and even a prominent proponent of the originalism approach to interpreting the Constitution that is favored by conservatives, Roberts may be wrong about the history underpinning the unitary executive.

“Both the text and the history of Article II are far more equivocal than the current Court has been suggesting,” wrote Caleb Nelson, a University of Virginia law professor who once served as a law clerk to Justice Clarence Thomas.

Jane Manners, a Fordham University law professor, said she and other historians filed briefs with the court to provide history and context about the removal power in the country’s early years that also could lead the court to revise its views. “I’m not holding my breath,” she said.

Slaughter’s lawyers embrace the historians’ arguments, telling the court that limits on Trump’s power are consistent with the Constitution and U.S. history.

The Justice Department argues Trump can fire board members for any reason as he works to carry out his agenda and that the precedent should be tossed aside.

“Humphrey’s Executor was always egregiously wrong,” Solicitor General D. John Sauer wrote.

A second question in the case could affect Cook, the Fed governor. Even if a firing turns out to be illegal, the court wants to decide whether judges have the power to reinstate someone.

Justice Neil Gorsuch wrote earlier this year that fired employees who win in court can likely get back pay, but not reinstatement.

That might affect Cook’s ability to remain in her job. The justices have seemed wary about the economic uncertainty that might result if Trump can fire the leaders of the central bank. The court will hear separate arguments in January about whether Cook can remain in her job as her court case challenging her firing proceeds.

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The Dictatorship

Stock market sends a message to Trump on Greenland

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Stock market sends a message to Trump on Greenland

DAVOS, Switzerland (AP) — Investors appeared to have gotten through to President Donald Trump about the risk posed by his designs for Greenland with a message he wasn’t hearing from European leaders: Threatening allies with tariffs and land seizure isn’t exactly the type of policy that generates confidence in the global economy.

Trump on Wednesday backed off his threat to slap punishing tariffs on eight European allies for opposing his insistence on acquiring Greenland from longtime ally Denmark after the plan spooked Wall Street by sparking serious talk within NATO about a fundamental rupture to the transatlantic military alliance that’s been a linchpin of post-World War II security.

Markets had seen their biggest losses since October as Trump prepared to travel to DavosSwitzerland, to give a keynote address to leaders and the global elite at the World Economic Forum.

Trump grumbled about what he called a stock market “dip” with some annoyance during the speech, complaining the market gyrations happened despite the U.S. “giving NATO and European nations trillions and trillions of dollars in defense.”

But during that speech, he made his first abrupt shift in position for the day: He took off the table the option of using military force to take over Greenland.

“I won’t do that. OK?” Trump told the packed conference room.

Then, hours later, Trump announced he was retreating from the tariffs altogether after he said he had come to terms with NATO Secretary-General Mark Rutte on a “framework” on Greenland that “gets us everything we needed to get” if the agreement is consummated.

Trump promptly took to financial network CNBC just before Wall Street trading ended for the day, boasting that the framework was “going to be a very good deal for the United States” and allies.

He downplayed the role that the jittery market played on his decision on tariffs. “No, we took that off because it looks like we have pretty much a concept of a deal,” Trump said.

Trump didn’t offer details on the terms of that framework. But the S&P 500 rallied 1.2% after his remarks, recovering about half the ground it had lost a day earlier. The Dow Jones Industrial Average also rose 1.2%, as did the Nasdaq Composite.

A concept of a deal, without many details

After the retreat, Denmark’s foreign minister Lars Løkke Rasmussen cautiously offered that “the day is ending on a better note than it began” but said the details of the agreement still need to be worked out.

One idea NATO members have discussed as part of the compromise would see Denmark and the alliance working with the U.S. to build out more U.S. bases in Greenland, according to a European official familiar with the matter but not authorized to comment publicly. The official said it was not immediately clear if that idea was included in the contours of the framework that Trump and Rutte discussed on the sidelines of Davos on Wednesday.

Rutte in an appearance on Fox News on Wednesday evening gave little hint about what precisely he and Trump agreed to.

“We agreed that he’s right, and he’s right that collectively we have to protect the Arctic regions,” Rutte said. “But also, of course, the U.S. continue its conversations with Greenland and Denmark when it comes to how can we make sure that the Russians and China will not gain access to the economy or a military sense of Greenland.”

It wasn’t just the financial markets that were telling Trump to rethink the tariffs and tough rhetoric toward allies.

A number of U.S. officials had also been concerned about Trump’s hardline stance and bellicose language toward Greenland, Denmark and other NATO allies because they feared it could harm other foreign policy goals.

These officials thought the fixation on Greenland and Trump’s earlier comments suggesting that the potential splintering of NATO was a cost he might be willing to pay were complicating the president’s effort to form the Board of Peacewhich he’s expected to spotlight Thursday in Davos. The U.S. officials spoke on condition of anonymity to discuss concerns being floated inside the administration.

Many European countries, which were already skeptical of the proposed board’s broad global mandate, had reacted even more negatively to the concept after Trump’s tariff threat. The board, which was born from Trump’s 20-point plan to end the Israel-Hamas warwas initially envisioned as a small group of world leaders overseeing the Gaza ceasefire but has morphed into something far more ambitious.

A few European nations have even declined their invitations.

“The interpretation that European leaders are going to take from this is that actually standing up and being firm defused the crisis,” said Max Bergmann, director of the Europe, Russia and Eurasia Program at the Center for Strategic and International Studies. “Trump is acting like a bully, and the only way that we’re going to have a stable relationship is if we push back.”

But Matthew Kroenig, vice president and senior director of the Atlantic Council’s Scowcroft Center for Strategy and Security, countered that the idea that Trump would seize Greenland seemed more like a bluff all along — and one that may have worked.

“Most of the world was freaking out over these threats,” Kroenig said. But he he noted there are some downsides to that negotiating style.

For one, it drove the prime minister of Canada, a close U.S. ally, to propose that smaller countries unite against aggressive superpowers.

“It’s been unnecessarily dramatic, costly and damaging, but all the damages so far are repairable,” added Daniel Fried, a former U.S. ambassador to Poland who is now a distinguished senior fellow at the Atlantic Council in Washington.

That possibility, Fried noted, would be harder to achieve had Trump continued on the path with Greenland where he appeared to be heading.

AP writers Stan Choe in New York and Matthew Lee in Washington contributed reporting.

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As Trump talks tariffs, his Argentine ally welcomes a shipload of Chinese EVs

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As Trump talks tariffs, his Argentine ally welcomes a shipload of Chinese EVs

ZÁRATE, Argentina (AP) — The vast field of over 5,800 electric and hybrid vehicles gleamed on the cargo deck of the BYD Changzhou, an Chinese container vessel unloading Wednesday at a river port in eastern Argentina.

In other places, such a scene would not be noteworthy. Chinese automaker BYD has sped up its exports and undercut rivals the world over, alarming Washington, upsetting Western and Japanese auto giants and unnerving local industries across Southeast Asia, Africa and Latin America.

But the sight of so many new Chinese EVs gliding onto a muddy river bank in Buenos Aires province was unprecedented for Argentina, its crisis-stricken economy dominated for years by a left-wing populist movement that protected local industry with stiff tariffs and import restrictions.

“For decades people in Argentina had this vision that everything here must be manufactured here,” said Claudio Damiano, a professor in the Institute of Transportation at Argentina’s National University of San Martin. “The boat has a symbolic value as the first step for BYD. Everyone’s wondering how far it will go.”

The shipment also came in stark contrast to the news in Brussels, where on Wednesday European Union lawmakers voted to delay ratification of a landmark free trade deal with the Mercosur group of South American countries, including Argentina, which promises to tear down trade barriers for European industrial imports and supercharge consumption of German EVs.

“For the Europeans, there’s just no possibility of competing with the Chinese,” Damiano said.

The ship shocks a long-closed economy

Argentina became one of the region’s most closed economies under Kirchnerism — the movement formed by ex-President Cristina Fernández de Kirchner and her late husband, former President Néstor Kirchner, which championed the rights of the downtrodden, defaulted on sovereign debt and disdained global trade as a destructive force.

A chronically depreciating peso and sky-high taxes constrained consumer choice, compelling well-heeled Argentines to smuggle iPhones and Zara hauls into the country when returning from vacations abroad.

Fed up with cycles of economic crisis, Argentines vaulted radical libertarian President Javier Milei to power in 2023. He railed against Kirchnerism, vowed to destroy the state and praised U.S. President Donald Trump as an ideological soulmate.

Argentina transforms with an influx of imports

For the last two yearsMilei has has done the exact opposite of his most powerful ally in Washington.

While Trump has waged trade warsMilei has flung open Argentina’s doors to imports, slashed trade barriersunwound customs red tape and shored up the local currency to make foreign goods more affordable.

Last year Argentina logged a record 30% increase in imports compared to the year before — much of it in the form of $3 milk frothers and $10 dresses piling up on Argentines’ doorsteps from Asian online retailers such as Temu and Shein.

Now Chinese automakers — once choked by 35% levies on imports — are seizing on a new measure to allow 50,000 electric and hybrid cars into the country this year tariff-free. The first shipment arrived Monday at Zárate Port after a 23-day voyage from Singapore.

Telling business and political leaders Wednesday at the World Economic Forum in Davos that that his drastic deregulation measures “allow us to have a more dynamically efficient economy,” Milei declared: “This is MAGA, ‘Make Argentina Great Again.

Trump and Milei bond despite differences

Milei and Trump share a contempt for perceived “wokeness,” a resentment of multilateral institutions like the United Nationsa denial of climate change and a zeal for massive budget cuts.

The ideological bond has paid dividends for Milei: Argentina is a rare place in the region where Trump has wielded the might of the U.S. to help an ally rather than enforce demands with military threats, as he has in Colombia and Mexico. Last year he offered Milei a $20 billion credit swap to boost his friend’s chances in a crucial midterm election.

Yet at Davos, the leaders’ differences were on display. Milei delivered his anti-interventionist, libertarian interpretation of MAGA shortly after Trump laid out his own vision for making America great: demanding control of Greenland and threatening allies with tariffs and other consequences if they don’t fall in line.

For all of Trump’s support, China has perhaps benefited most from Milei’s free-market drive.

Chinese imports to Argentina surged over 57% last year compared to the year before. Chinese investment poured into Argentina’s energy and mining sectors.

“Argentina has rejoined the world,” government spokesperson Javier Lanari said of Monday’s Chinese car shipment. “Very soon, the Cuban-made vehicles left to us by Kirchnerism will be part of a sad and dark past.”

China ‘won the race’ in Argentina

BYD and similar Chinese cars have already taken the streets of Latin America by storm, drawing controversy and backlash from Mexico City to Rio de Janeiro.

Now the brands are best positioned to reap the rewards of Milei’s zero-tariff quota for EVs, which applies only to cars under $16,000, experts say.

“Chinese manufacturers have the technology and the ability to meet the price limits set by the government,” said Andrés Civetta, an economist specializing in the auto sector at the Argentine consulting firm Abeceb. “China has won the race.”

Western car manufacturers in Argentina have raised alarms about unfair competition, and opposition lawmakers have criticized officials on the Chinese EV tariff exemption, with the comptroller general posting on social media, “Trump is right: China must be stopped.”

But Argentina is still far behind its neighbors in developing its EV industry, said Pablo Naya, the creator of Sero Electric, Argentina’s only domestic electric car manufacturer.

The country’s aging power grid is nowhere near ready for a wave of electric cars to strain it en masse, he said. And if something goes wrong with a Chinese EV on the road, there are currently no dealers’ service centers able to undertake internal repairs.

“Honestly, we’re not worried,” Naya said.

But if or when Argentine infrastructure and consumer aspirations catch up to Chinese supply, it will be a different story.

“Then that would get complicated for us,” he said from the Sero Electric factory in the Buenos Aires suburb of Castelar. “We’d have a problem.”

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The Dictatorship

Bruce Lee stage play and Vocal Arts DC cancel shows at Kennedy Center

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Bruce Lee stage play and Vocal Arts DC cancel shows at Kennedy Center

NEW YORK (AP) — The producers of a stage play inspired by the life of Bruce Lee and the musical presenters Vocal Arts DC are the latest members of the arts community to call off shows at the Kennedy Center.

Lin-Manuel MirandaIssa Rae, Bela Fleck are among the numerous artists who have withdrawn in protest of President Donald Trump’s ousting of the leadership at the center and at the announcement last month by his hand-picked board that the Kennedy Center had been renamed the Trump-Kennedy Center, a change scholars say can only be implemented by Congress. Trump has placed the Kennedy Center, a Washington institution that for decades enjoyed bipartisan support, at the heart of his battle against what he calls “woke” culture.

Neither of the most recent announcements directly criticized Trump.

The Seattle Children’s Theatre had been scheduled to oversee “Young Dragon: A Bruce Lee Story” for a two-week run in April. The theater announced this week on Instagram that it had made the “difficult decision” to cancel after “deep listening and extensive dialogue with the artists, community partners, and the Bruce Lee family and foundation.”

The Instagram post included a statement from managing director Kevin Malgesini, who wrote that the “landscape in which the production was originally created has changed to an extent” that going forward as planned was no longer possible.

Vocal Arts DC, which has held concerts for years at the Kennedy Center, issued an Instagram statement this week that cited “lower ticket sales, frequent refund requests, and a decline of donations” in making the “heartbreaking decision” to cancel upcoming appearances scheduled for February, March and May. Featured performers were to have included the renowned tenor Benjamin Bernheim and pianist Carrie-Ann Matheson.

In another apparent cancellation, the center’s schedule no longer lists an April tribute concert to the late John Coltrane, who would have turned 100 this year. Representatives for two of the billed musicians did not immediately respond to requests for comment.

A Kennedy Center spokesperson did not immediately respond to a request for comment.

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