Trump’s Plan to Impose 50% Tariffs On Brazil Highlights Illegal and Harmful Nature of his Trade Policy
Earlier today, President Donald Trump announced he intends to impose 50% tariffs on imports from Brazil, citing that country’s prosecution of former President Jair Bolsonaro, for the latter’s attempt to stage a coup to keep himself in power after losing an election. Bolsonaro is a political ally of Trump’s. The incident highlights the illegal and dangerous nature of Trump’s tariff policy.
The administration has not made clear what law they will use to impose the Brazil tariffs. But reporters tell me officials have indicated Trump will use the International Emergency Economic Powers Act of 1977 (IEEPA), which is also the statute at issue in the lawsuit against Trump’s “Liberation Day” tariffs, filed by the Liberty Justice Center and myself, on behalf of five small businesses harmed by this massive trade war.
The Brazil situation exemplifies why Trump’s use of IEEPA is illegal and harmful. Brazil’s prosecution of Bolsonaro is pretty obviously not an “emergency” or an “unusual and extraordinary threat” to the US economy or national security. Both of these conditions are required to invoke IEEPA. This situation just underscores the danger of allowing the president to define those terms however he wants, without any judicial review, as the administration claims he can.
The ostensible rationale for the Liberation Day tariffs is trade defic
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