A brief just filed tonight (after hours) sets forth why the CIT was correct to throw out Trump’s tariff claims.

It is very likely to be adopted verbatim by the upper panel as well, since Trump is appealing his complete loss. The appellate level court had issued a temporary stay while I was off grid, in order for it to look over at the decision below. That will very soon be dissolved, and in any event, Trump’s claims about the harm to him, and his chaos trade “policy” in court in New York… have now been CONTRADICTED in public, by… Trump, himself. He is going to lose. Here’s that, and a bit:

…Defendants’ stay motion is principally based on claims about the effects of this Court’s ruling on national security and diplomatic relations. Immediately after that motion was filed, the Administration publicly contradicted those claims by saying — repeatedly and forcefully — that negotiations with foreign trading partners were unaffected by this Court’s decision. Top Administration officials explained that other countries recognized the underlying threat of tariffs remained through other mechanisms that remain untouched by the Court’s ruling. For that reason, the Administration has reported, foreign nations have continued to press forward with trade negotiations.

That alone is reason to deny a stay pending appeal. But even if defendants’ representations here were credited over their more recent public statements, a stay pending appeal still would not be warranted. The role of this Court is to decide the law, not to intercede in policy debates or diplomatic negotiations. And, in any event, a stay would not restore the credibility of tariff threats under IEEPA. As this Court held, IEEPA does not authorize the President to impose tariffs that exceed the limits in other tariff statutes or the statutory restrictions in IEEPA itself….

Now you know. These guys (and they are mostly all… guys!) are idiots. Evil… idiots.

नमस्ते