The Lawfare Podcast Lawfare Daily: Trump’s Tariffs and the Law
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Feb 27, 2025 
Kathleen Claussen, a Georgetown law professor specializing in international economic law, joins Peter Harrell, a contributing editor and senior fellow at the Carnegie Endowment, to navigate the tumultuous world of presidential tariffs. They delve into the legal frameworks that underlie Trump’s tariff strategies, particularly the International Emergency Economic Powers Act. The discussion highlights shifts in U.S. trade policy, potential judicial challenges, and the implications for global relations, making it clear that the future of American trade is anything but certain.
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Accelerated Tariff Activity
- President Trump's second term has seen a significant increase in tariff activity compared to his first term.
- He is imposing tariffs more quickly and threatening broader application.
Shift in US Trade Policy
- The US has shifted from advocating for free trade to strategically using tariffs.
- This marks a significant departure from decades of US trade policy.
IEPA's Appeal and Legal Risks
- President Trump favors IEPA for tariffs due to its flexibility and avoidance of procedural hurdles.
- However, its use for tariffs is legally questionable.