Untested in court, Trump's new tariffs on Canada raise legal questions
The president's Section 338 tariff authority has never been used, let alone tested in court.
President Donald Trump is positioning himself to vigorously contest any Congressional attempts to investigate him, according to legal experts. In a memo and legal filings, the Trump administration asserts that the president can shield conversations with his White House advisers and dealings with individuals outside the government as confidential.
The administration also argues that requiring the disclosure of individuals involved in significant policy efforts would infringe upon the presidential confidentiality granted to Trump. The administration has further taken the stance that it can disregard a Watergate-era law that prohibits the destruction of White House documents.
These assertions come as Trump, in his second term, has relied heavily on a network of business leaders, non-government attorneys, and old friends to shape his agenda. Jamie Bair, a former congressional staffer, notes that there has been an "unprecedented amount of interaction" between the Executive Branch and the private sector, which Democrats see as subject to oversight.
Congressional Democrats are already investigating the administration's dealings with FIFA, Trump's connections to the crypto industry, and examples of Trump family business dealings that they claim are linked to government policies. Democrats are closely watching the White House's legal arguments, as they plot strategies to counter the administration's claims of executive privilege.
They believe that the potential consequences of contempt and the public pressure on private sector individuals could encourage compliance, even if Trump claims these individuals are shielded by privilege.
Senate Democrats led by California Senator Adam Schiff have demanded the White House reveal which other non-government advisers they believe fall under presidential privilege. Democrats argue that executive privilege is not an "unlimited shield" insulating private citizens, informal advisers, and non-governmental actors from Congressional oversight and accountability.
The White House responded by defending its stance on the Records Act and executive privilege, stating that it is necessary for the President to rely on important outside sources.
Written by urgent.news from Egypt Independent's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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