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Turley: Trump Has The Cards In Tariff Negotiations No Matter What Court Says

Charlie Kirk Staff

05/30/2025

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Turley: Trump Has The Cards In Tariff Negotiations No Matter What Court Says

George Washington Law Professor Jonathan Turley believes that President Donald Trump has the cards when it comes to tariff negotiations, even if the courts do not see it.

“Jonathan, I had said a while ago on the show that this opinion by the Court of International Trade was expected among trade experts, lawyers that operate in this field. I expected it, even from that three judge panel,” Fox News host Laura Ingraham said.

“What are the administration’s options now, obviously, the tariffs are temporarily back, but what are the options for them going forward?” she said.

“Well, I think you raised the right point here. We’ve got to keep in mind that IEEPA has never been used for tariffs. It’s never been used in this way, and these judges were saying, they just don’t see that, what they called unbounded authority under this act. But the Trump administration is correct that Congress has, through the years, deferred to presidents on tariffs, including passing laws that give them authority to impose tariffs, and he can now go ahead and use some of those laws,” the law professor said.

“And, you know, some of them allow for 150 days to be — have tariffs put on and then during that period, you do an investigation and then they can be left on if you find the requisite market conditions. And these are very discretionary types of decisions made by presidents under these laws. So, he has options here,” he said.

“Also keep in mind, the President did not lose across the board. Tariffs on cars and steel in these other sectors were not affected by this ruling. So there are cards to play in this game,” he said.

“Well, but the point is, and you alluded to it in the first Trump administration, there were trade investigations done, I think Section 322, I might be misstating, but they did these long investigations,” the Fox News host said. “Issued a long report, hundreds and hundreds of pages against China, and those tariffs were never struck down by a federal court because the report was so well done. They can still do that again here. It’ll take some time, but we know those types of tariffs targeted against certain countries for certain wrongdoing usually will — will withstand judicial scrutiny. Correct?

“Correct. And the fact is, the administration wanted to try this approach. This was a three point shot, and they hit the rim because the courts just don’t see it. But he has authority and that’s one of the reasons why these negotiations are likely to go forward. Other countries are very sophisticated. They know what authority he has. They know that he can now turn, as he did in his first term to pursue those and they’re not particularly onerous. He can really do that in relatively — and make relatively fast work of it,” the law professor said.

“Now, Congress may also want to be equally nimble here. The important thing is that Trump has been using these tariffs like a gun to the head of these other countries, and the court just removed the bullets. The fact is that Congress can come in, even if they don’t like the tariffs, and say, look, we’re in this now. We don’t want to undermine the President. We want to see these deals completed and see if they can also signal support. Now, keep in mind, recently, Congress refused to undo the tariffs in a Senate Bill, so they’ve already had that vote,” he said.

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Charlie Kirk is the Founder and President of Turning Point USA, a national student movement dedicated to empowering young people to promote the principles of free markets and limited government.

Charlie is also the host of “The Charlie Kirk Show” podcast, which regularly ranks among the top-10 news shows on Apple podcast news charts, and is the host of the nationally syndicated daily radio show on the Salem Radio Network live from 12 - 3 PM ET.
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