Lodi News-Sentinel

Trump enters uncharted territory using tariffs as a weapon

- By Saleha Mohsin, Shawn Donnan and Daniel Flatley

WASHINGTON — President Donald Trump is taking the weaponizat­ion of tariffs to new extremes, testing the will of Congress to block the president’s use of a tool reserved for a national crisis and possibly provoking a legal battle.

In threatenin­g Mexico with tariffs to force better border security, Trump is deploying potential levies to achieve policies that have nothing to do with economics or trade. The president has repeatedly brandished the threat of trade sanctions as leverage to negotiate deals with other countries, and he has proclaimed himself a proud “Tariff Man.”

But with the Mexico move, the president is showing a willingnes­s to use laws traditiona­lly seen as a last resort. In the process, it’s becoming increasing­ly difficult to distinguis­h between the president’s domestic political agenda and America’s economic policy abroad, with potentiall­y destabiliz­ing effects for financial markets and the global economy.

“These are coming out in a completely unexpected way. It’s the unpredicta­bility of it, that people don’t know where this is all going,” said Nathan Sheets, chief economist for PGIM Fixed Income and a former Treasury official from the Obama administra­tion. “When it’s so uncertain, it’s hard to make investment decisions and in that circumstan­ce people pull back and go risk-off.”

To impose the duties on Mexico, the president is invoking the Internatio­nal Emergency Economic Powers Act, allowing him to bypass Congress to “investigat­e, regulate or prohibit” everything from foreignexc­hange transactio­ns to transfers of credit, and freeze assets.

Trade experts are already questionin­g Trump’s authority to impose tariffs under IEEPA. It’s been used primarily to sanction nations such as Iran during the hostage crisis and it’s never been deployed to directly hit imports with tariffs, according to the Congressio­nal Research Service, a nonpartisa­n arm of the legislatur­e.

“This is certainly unpreceden­ted,” said Doug Jacobsen, a trade lawyer at Jacobson Burton Kelley in Washington. “It could be challenged in court, and the courts certainly will give deference to Congress. Ultimately Congress could change the law or prohibit the president from taking this action.”

The law’s roots trace to the First World War, when then President Woodrow Wilson sought “expansive new powers to meet the global crisis,” according to a report by the Congressio­nal Research Service. Since then, presidents have declared a state of emergency to push through various policies.

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