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The Dictatorship

Trump says US would be on ‘brink of economic catastrophe’ unless justices rule his tariffs are legal

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Trump says US would be on ‘brink of economic catastrophe’ unless justices rule his tariffs are legal

WASHINGTON (AP) — President Donald Trump is seeking a swift and definitive decision on tariffs from the Supreme Court that he helped shape, saying the country would be on “the brink of economic catastrophe” without the import taxes he has imposed on U.S. rivals and allies alike.

The administration used near-apocalyptic terms that are highly unusual in Supreme Court filings as it asked the justices late Wednesday to intervene and reverse an appeals court ruling that found most of Trump’s tariffs are an illegal use of an emergency powers law. The tariffs remain in place, for now.

The Supreme Court Building is seen in Washington on March 28, 2017. (AP Photo/J. Scott Applewhite, File)

The Supreme Court Building is seen in Washington on March 28, 2017. (AP Photo/J. Scott Applewhite, File)

The case comes to a court that has so far been reluctant to check Trump’s extraordinary flex of executive power. One big question is whether the justices’ own expansive view of presidential authority allows for Trump’s tariffs without the explicit approval of Congress, which the Constitution endows with the power over tariffs. Three of the justices on conservative-majority court were nominated by Trump in his first term.

The tariffs and their erratic rollout have shaken global markets, alienated U.S. trading partners and allies, and raised fears of higher prices and slower economic growth.

But the Republican president has also used the trade penalties to pressure the European Union, Japan and others into accepting new deals. Revenue from tariffs totaled $159 billion by late August, more than double what it was at the same point a year earlier.

Raising the stakes even higher, Solicitor General D. John Sauer urged the Supreme Court to decide in a week’s time whether to hear the case and hold arguments the first week of November. That is far faster than the pace of the typical Supreme Court case.

“The President and his Cabinet officials have determined that the tariffs are promoting peace and unprecedented economic prosperity, and that the denial of tariff authority would expose our nation to trade retaliation without effective defenses and thrust America back to the brink of economic catastrophe,” Sauer wrote.

President Donald Trump speaks about the relocation of U.S. Space Command headquarters from Colorado to Alabama in the Oval Office of the White House, Tuesday, Sept. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

President Donald Trump speaks about the relocation of U.S. Space Command headquarters from Colorado to Alabama in the Oval Office of the White House, Tuesday, Sept. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

He wrote that it is not just trade that is at issue, but also the nation’s ability to reduce the flow of fentanyl and efforts to end Russia’s war against Ukraine.

The tariffs will almost certainly remain in effect until a final ruling from the Supreme Court. But the Republican administration nevertheless called on the high court to intervene quickly and reverse the ruling from the U.S. Court of Appeals for the Federal Circuit.

“That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations,” Sauer wrote. “The stakes in this case could not be higher.”

The filing cites not only Trump but also the secretaries of the departments of Treasury, Commerce and State in support of the urgent need for the justices to step in.

“The recent decision by the Federal Circuit is already adversely affecting ongoing negotiations,” Treasury Secretary Scott Bessent wrote.

The stakes are also high for small businesses battered by tariffs and uncertainty, said Jeffrey Schwab, senior counsel and director of litigation at the Liberty Justice Center.

“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients,” he said.

The businesses have twice prevailed, once at a federal court focused on trade and again with the appeals court’s 7-4 ruling. Their lawsuit is one of several challenging the tariffs.

Most judges on the Federal Circuit found that the 1977 International Emergency Economic Powers Act, or IEEPA, does not allow Trump to usurp congressional power to set tariffs. The dissenters, though, said the gives the president the power to regulate importation during emergencies without explicit limitations.

The ruling involves two sets of import taxes, both of which Trump justified by declaring a national emergency: the tariffs first announced in April and the ones from February on imports from Canada, China and Mexico.

The Constitution gives Congress the power to impose taxes, including tariffs. But over the decades, lawmakers have ceded authority to the president, and Trump has made the most of the power vacuum.

Some Trump tariffs, including levies on foreign steel, aluminum and autos, were not covered by the appeals court ruling. It also does not include tariffs Trump imposed on China in his first term that were kept by Democratic President Joe Biden.

Trump can impose tariffs under other laws, but those have more limitations on the speed and severity with which he could act.

The government has argued that if the tariffs are struck down, it might have to refund some of the import taxes that it’s collected, delivering a financial blow to the U.S. Treasury.

The tariffs are expected to reduce deficits by $4 trillion over the next 10 years, the administration said, citing analyses by the Congressional Budget Office.

In an analysis from June, the CBO also found that the import taxes would slow growth and increase price pressures. The June analysis estimated that inflation would be 0.4% higher annually in 2025 and 2026 than it otherwise would be, hurting the purchasing power of U.S. consumers and businesses.

Trump has since revised and changed his tariff structure, making some of the estimates speculative.

Federal Reserve Chair Jerome Powell warned in an August speech that tariffs are already pushing up the prices of some goods, but “there is significant uncertainty about where all of these polices will eventually settle and what their lasting effects on the economy will be.”

___

Associated Press writer Josh Boak contributed to this report.

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The Dictatorship

The Latest: Trump seeks help opening the Strait of Hormuz as Iran war chokes oil shipping

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The Latest: Trump seeks help opening the Strait of Hormuz as Iran war chokes oil shipping

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BBC asks a court to dismiss Trump’s $10 billion lawsuit

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BBC asks a court to dismiss Trump’s $10 billion lawsuit

LONDON (AP) — The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump’s $10 billion lawsuit against it, warning that the case could have a “chilling effect” on robust reporting on public figures and events.

The suit was filed in a Florida court, but the British national broadcaster argued that the court did not have jurisdiction, nor could Trump show that the BBC intended to misrepresent him.

Trump filed a lawsuit in December over the way a BBC documentary edited a speech he gave on Jan. 6, 2021. The claim seeks $5 billion in damages for defamation and a further $5 billion for unfair trade practices.

Last month a judge at the federal court for the Southern District of Florida provisionally set a trial date for February 2027.

The BBC argued that the case should be thrown out because the documentary was never aired in Florida or the U.S.

“We have therefore challenged jurisdiction of the Florida court and filed a motion to dismiss the president’s claim,” the corporation said in a statement.

In a 34-page document, the BBC also argued that Trump failed to “plausibly allege facts showing that defendants knowingly intended to create a false impression.”

Trump’s case “falls well short of the high bar of actual malice,” it said.

The document further claimed that “the chilling effect is clear” when Trump is “among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day.”

“Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events,” it said.

The documentary — titled “Trump: A Second Chance?” — was aired days before the 2024 U.S. presidential election.

The program spliced together three quotes from two sections of a speech Trump made on Jan. 6, 2021, into what appeared to be one quote, in which Trump appeared to explicitly encourage his supporters to storm the Capitol building.

Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.

Trump’s lawsuit accuses the BBC of broadcasting a “false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction” of him, and called it “a brazen attempt to interfere in and influence” the 2024 U.S. presidential election.

The broadcaster’s chairman has apologized to Trump over the edit of the speech, admitting that it gave “the impression of a direct call for violent action.” But the BBC rejects claims it defamed him. The furor triggered the resignations of the BBC’s top executive and its head of news last year.

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The Dictatorship

The DOJ’s ethics proposal would have a corrupt fox guarding the henhouse

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State bar associations play an important accountability role across the country. Trump administration lawyers know that their legal licenses are subject to censure, because practicing law in the United States remains a privilege, not a right. But if Attorney General Pam Bondi has her way, even this guardrail could disappear.

Last week, Bondi proposed a new rule that would allow the Department of Justice to take over investigations of alleged attorney misconduct of its own lawyers. State bar authorities would have to pause their investigations while the Justice Department conducts its own probe. The rule gives the DOJ the ability to delay or even derail a state investigation.

The rule gives the DOJ the ability to delay or even derail a state investigation.

It doesn’t feel like a coincidence that there has been a series of state ethics complaints filed against Trump administration lawyers, including Bondi, Deputy Attorney General Todd Blanche and federal prosecutors handling immigration cases. President Donald Trump’s polarizing pardon attorney Ed Martin is currently facing just such a complaint from the D.C. Bar.

As outlined in the Federal Registerthe proposal argues that “political activists have weaponized the bar complaint and investigation process.” Of course, even if it were true that frivolous complaints were being filed against Justice Department lawyers, state bar grievance authorities should be able to weed them out just as effectively as the department’s own investigators. In fact, having an independent review process would provide more credibility than the DOJ would in dismissing such claims.

Federal law requires all federal prosecutors to comply with the ethics rules of the state where they practice law, including the District of Columbia. The new rule requires Justice Department lawyers to obey the substance of their state’s ethics rules, but gives the DOJ the authority to investigate violations. According to the proposal, whenever a bar grievance is filed, “the Department will have the right to review the allegations in the first instance and shall request that the bar disciplinary authority suspend any parallel investigations until the completion of the Department’s review.”

From there, multiple scenarios are possible. First, “if the Attorney General decides not to complete her review,” the state bar disciplinary authorities “may resume their investigations or disciplinary hearings.” Second, if the attorney general finds misconduct, “the State bar disciplinary authorities will then have the option of beginning or resuming their investigations or disciplinary proceedings” and, if appropriate, “to impose additional sanctions beyond those already imposed by the Department, including suspension or permanent disbarment.”

But what is missing from the language of the rule itself is a potential third scenario. What if the attorney general clears the attorney of misconduct? On that, the rule is silent.

Say, for example, a federal prosecutor in Minnesota is accused of making false representations to an immigration judge. The judge or opposing party could file a grievance with the Minnesota Office of Lawyers Professional Responsibility. Under the new rule, the state bar would be required to stand down and await a DOJ investigation, with no provisions for time limits or transparency. Of course, even the delay could compromise the subsequent Minnesota probe. But if the Justice Department clears the lawyer, it is also unclear what happens next. According to Bloomberg“If the DOJ finds no violation, that blocks the state from investigating the alleged infraction.” This conclusion may be a fair inference for a department that has thrown its weight around. According to the proposed rule, “the Attorney General retains the discretion to displace State bar enforcement and to create an entirely Federal enforcement mechanism.”

But even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion. According to a comment posted by the Illinois State Bar Association, the DOJ is attempting to “shield” its lawyers from accountability. The proposed rule also includes an ominous provision that if bar disciplinary authorities refuse the attorney general’s request, “the Department shall take appropriate action to prevent the bar disciplinary authorities from interfering with the Attorney General’s review of the allegations.”

Even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion.

In the decades since the Watergate scandal, the Justice Department has conducted robust investigations of allegations of ethical misconduct by its own attorneys and imposed discipline. In fact, it was common for state bar authorities to wait for the DOJ to complete its investigations before initiating their own probes, because the federal process held attorneys to standards even higher than state ethics rules. But that landscape changed last year, when Bondi fired the head of the department’s Office of Professional Responsibility and its chief ethics officer. Now there is a risk that DOJ lawyers will be even further sheltered from meaningful ethical oversight.

In the first nine days of the 30-day notice and comment period, the proposed rule has attracted more than 30,000 comments. And once implemented, the rule will no doubt invite legal challenges and ultimately could be struck down. But until then, it threatens to give carte blanche to DOJ lawyers who represent the Trump administration not just zealously but with impunity, knowing that the attorney general can simply delay or even block state bar ethics complaints. And the rule represents one more openly regressive blow against the checks and balances that are essential to democracy.

Barbara McQuade is a former Michigan U.S. attorney and legal analyst.

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