The Trump administration isn’t just acting illegally with domestic actions, but foreign policy actions. Assassinating criminals, even in foreign territory, is murder.
The conservatives on the Supreme Court advanced the shadow docket as a prominent way to make impactful decisions while fighting with the Obama administration.They wanted to stop major Obama actions so that a final ruling wouldn’t come after the actions have already had a major impact. Yet, during the Trump administration, the shadow docket has often been used to allow Trump to go ahead with actions. The conservatives of the Supreme Court appear to be using the shadow docket to implement their political ideology, not execute sound and considered legal decisions.
“The White House said the new tariffs take effect Feb. 24. Trump’s proclamation exempts a long list of products from the new levies, including beef, tomatoes, oranges, pharmaceuticals, passenger vehicles and certain critical minerals. It also excludes products governed by a trade deal with Canada and Mexico.
Trump vowed Feb. 20 to forge ahead and enact tariffs through other methods after the high court ruled the president doesn’t have the congressional authority to impose tariffs under the 1977 International Emergency Economic Powers Act.
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Trump cited another section of the 1974 Trade Act for the 10% tariffs. The new tariffs apply to countries that send the United States more than they import. But that type of tariff lasts for only 150 days, unless Congress votes to extend them.
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U.S. Trade Representative Jamieson Greer said investigations over unfair trade practices could lead to other tariffs. Trump’s proclamation directs Greer to “investigate certain unreasonable and discriminatory acts, policies, and practices that burden or restrict U.S. commerce.”
“We have a lot of tools out there,” Greer said. “You can look forward in the coming days and weeks to see all of that come out.””
“Colombian President Gustavo Petro says one of the “narcoterrorists” recently killed by U.S. military strikes on boats in the Caribbean was a “fisherman” who had “no ties to the drug trade.” That man’s death, one of at least 32 ordered by President Donald Trump, therefore qualified as “murder,” Petro declared on Saturday.
That much would be true even if the dead man, whom Petro identified as a Colombian citizen named Alejandro Carranza, really was smuggling drugs. Trump’s new policy of summarily executing drug suspects simultaneously corrupts the mission of the armed forces, erasing the traditional distinction between civilians and combatants, and violates long-standing principles of criminal justice, imposing the death penalty without statutory authorization or any semblance of due process.
On September 15, U.S. forces blew up a boat that Trump said was “in International Waters transporting illegal narcotics,” killing three men he described as “confirmed narcoterrorists from Venezuela.” But according to Petro, the attack that killed Carranza happened in Colombian waters, and the target was a “Colombian boat” that “was adrift and had its distress signal up due to an engine failure.”
Trump reacted angrily to that charge on Sunday, calling Petro “an illegal drug leader” who is “strongly encouraging the massive production of drugs…all over Colombia.” He said the U.S. government would punish Petro by ending all “payments and subsidies” to his country.
Notably, Trump did not actually contradict Petro’s claim that Carranza had been erroneously identified as a Venezuelan “narcoterrorist.” And Trump has repeatedly acknowledged that his bloodthirsty anti-drug strategy could threaten innocent fishermen.
After the first strike on an alleged drug boat in early September, Trump joked about the potential for lethal mistakes: “I think anybody that saw that is going to say, ‘I’ll take a pass.’ I don’t even know about fishermen. They may say, ‘I’m not getting on the boat. I’m not going to take a chance.'”
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Trump claims drug traffickers are “murdering” Americans because some of their customers—about 82,000 last year—die after consuming their products. By the same logic, alcohol producers and distributors, who supply a product implicated in an estimated 178,000 deaths a year in the United States, likewise are guilty of murder.
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The Trump administration also argues that the U.S. government is engaged in an “armed conflict” with drug cartels, which makes the boat strikes consistent with the law of war. That claim, Cardozo Law School professor Gabor Rona says, is “utterly without precedent in international law.”
Geoffrey Corn, formerly the U.S. Army’s senior adviser on the law of war, agrees. “This is not stretching the envelope,” he told The New York Times. “This is shredding it.”
Trump, in short, is killing people without a legal justification. There is a word for that.”
“To place huge new tariffs on imports from China, President Donald Trump claimed that those transactions are “an unusual and extraordinary threat” to the United States.
It’s a threat that the White House now says it can put off addressing for another 90 days.
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This is not just a rhetorical point but a question that’s central to the legality of the tariffs. In front of the U.S. Court of Appeals for the Federal Circuit last month, the Trump administration’s lawyer told skeptical judges that the president’s tariff powers rested upon the existence of an “unusual threat” that the president was taking action to “deal with.”
The latest delay in the China tariffs, then, seems to directly undermine that claim. If Trump wants to use the threat of tariffs to negotiate a new trade deal with China, fine, but then that’s not an emergency—and, as a result, those tariffs cannot be implemented with the emergency powers the president is currently claiming.”
“The idea that one type of lawyer can meet all legal needs is as outdated now as it was in 1935. Law schools and the legal academy must adjust accordingly.”