Chapter 1: What is the main topic discussed in this episode?
Hello, everybody. I'm Martha McCallum, along with Paul Morrow, Jessica Tarlov, Jesse Waters, and Greg Gutfeld. It is The Five. It is New York City, and it is live. Hi, everybody. All right. So as you saw today, President Trump is not deterred. He's not happy, but he's not deterred after the Supreme Court struck down his sweeping tariffs under the emergency powers law.
It was a six to three decision and it did upend in some ways something that has been a major tool of his economic agenda and a word that he says is his favorite word of all. tariffs. So no doubt a bit of a setback, but I'm not sure how much. He says he's not giving up. He's vowing that alternatives will be put in place. And he wasted no time on this.
He put in a 10 percent global tariff under a different trade act, the Trade Act of 1974. And those tariffs will expire in five months. That's a pretty long time unless Congress extends them after that. And the president had much more to say on this in the briefing room. Watch.
The Supreme Court's ruling on tariffs is deeply disappointing, and I'm ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what's right for our country. Foreign countries that have been ripping us off for years are ecstatic. They're so happy. And they're dancing in the streets, but they won't be dancing for long. This happens so often with this court.
What a shame. Having to do with voting in particular. When, in fact, they're just being fools and lapdogs for the rhinos and the radical left Democrats.
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Chapter 2: What was the Supreme Court's decision on Trump's tariffs?
They're very unpatriotic and disloyal to our Constitution. I understand how... They are very easily swayed. I went to be a good boy. I said to the owner, I made a speech at a factory. I said, how are you? Nice to meet you. How's business? President, I'd love to kiss you. This is a very powerful man. I don't want to be kissed by that man.
But why wouldn't you just work with Congress to come up with a plan? I don't have to.
Supreme Court justices who ruled against the policy, striking it down, are they still invited to your State of the Union next week? And will you still speak
They are invited, barely. I think it's an embarrassment to their families. You want to know the truth.
All right. There you have it. Lively news conference today from the president. Some potential 2028 Democrats, of course, they've wasted no time to try to take advantage of this moment. California Governor Gavin Newsom gloated on X within minutes. He said this.
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Chapter 3: How did Trump respond to the Supreme Court ruling?
Time to pay the piper, Donald. Your tariffs were nothing more than an illegal cash grab that drove up prices, hurt working families and wrecked longstanding global alliances. And other Democrats also eager to weigh in. Watch.
Chapter 4: What alternatives to tariffs did Trump propose?
I'm glad the Supreme Court was able to look at it from an independent lens and just look at the legality of it. I think the president needs to actually listen to the Supreme Court and drop this and stop the pain for Pennsylvania and stop the pains for the American people. This is good news for the American economy and for so many families around the country.
This is also a very important reminder that this president is not unstoppable.
You know, Paul Morrow, I want to start with you on the legal side of this. You know, it strikes me listening to the reaction from Democrats there that, you know, the economy is showing a lot of signs of improvement. Wages are up. Gas prices are down. You know, there's there's a lot of most economists are evaluating this as an about to turn around significantly economy. I also see this.
I was a little bit surprised in some ways that the president was so upset about this. And I talked to a few people who thought, you know, he's still winning on this. And he could have just come out and said, you know what? Whatever about your ruling. But we're going to figure out a way. We have a number of other options on this, which they've been working on for some time.
And we can put those into place. It's not a big loss. And I don't think that money's ever going to get paid back. One hundred and seventy five billion dollars brought in in tariffs. I don't know how they would do that.
Yeah, I'm surprised that he actually has made as big a deal out of this as he has, because there are very clear workarounds. The best one I see is 232. We've talked about it. 1962 Trade Act. What he can do is he can use those powers to go after specific countries for national security reasons. Those are the ones that matter, as in China.
Message to Newsom, by the way, who in my estimation is very much in China's pocket due to Silicon Valley. He can go with those individual nations. The mistake I feel that was made here is that he put an across-the-board tariff and then tried to say it was an emergency.
It is an emergency relative to specific countries, but when you do it to everybody, the argument that it's an emergency gets undermined, which is one of the things that the plaintiffs said here in this case, relative to the restitution. I just hope... that the trade deals that they cut after the tariffs were done by a good contract attorney. Here's why.
Because what happens with that is it's essentially it's an international contract, right? They cut deals due to tariffs and they cut trade deals with us. Consequently, I would have had in there a non-restitution clause. That is to say, OK, if you come at me later and try to say, hey, this was done on false pretenses, I want the money back. Here's clause B, pal. You get nothing.
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Chapter 5: How are Democrats reacting to the Supreme Court's ruling?
I think this is classic Trump MO, Jesse, that he's like, go big, swing for the fences. I'll deal with the courts later. At least then I've moved the ball down the road.
This is what Jessica doesn't understand about the strategy is because he directs U.S. foreign policy. and foreign trade falls under foreign policy. That's why he went big, sweeping across-the-board tariffs, because it knocks every other country out of their seat. They rush to Washington, D.C., and sign these deals as fast as possible. The deals are still in place.
Foreign investment is still pouring in, and that's when you look at the construction activity. All of the factories are being built because as these tariffs are set, it's cheaper to build the product here so it doesn't get hit with the duty that it comes in.
It costs like $100,000. manufacturing jobs.
No, we're talking about construction that always precedes manufacturing. I'll talk to you about that later. So the Supreme Court comes in and says, listen, you can't use this authority. You have to use this authority. So you have to do an investigation first. That's like telling a landscaper you can't use a leaf blower. You got to use a rake.
It's going to take a little longer, but it's going to accomplish the same thing. We need speed. This is the 21st century. You have to give the president a free hand to negotiate these deals and retaliate when the other side retaliates. Carney in Canada doesn't have to go to parliament. He doesn't have to conduct an investigation. He hits back hard. Ursula in the EU, same thing.
Xi Jinping, he dumps any tariffs.
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Chapter 6: What impact do tariffs have on the American economy?
He's got a sword and a shield. He's a dictator. He's not a sitting duck. Oh, so is Carney then. He's not a sitting duck like us who has to wait and then go and do an investigation and then come back. This is what we need now. Not only this, he's now gotten the Panama Canal back from tariffs. He's brought Greenland back into our orbit and he's gotten NATO funding boosted from tariffs.
Not to mention the fact that wars have been settled because of tariffs. This is what's going to happen. He's just going to reinstitute the same posture under a different code and they're going to go back to where they were. But the silver lining is you're right. This time, when you do an investigation, you might be able to target strategic industries and do carve outs like coffee.
or clothing, non-national security related issues. And then you can still have a tariff regime that keeps in charge of economic national security. And we still have the justices invited to the State of the Union. Well, that is most important. Barely.
Chapter 7: What legal strategies are available for Trump post-ruling?
I mean, Greg, the justice's job is to evaluate the law that was used and decide whether or not it makes legal sense to them within the realm of the Constitution. You know, they need to figure out separation of powers. That's what they did. I don't think it undermined this entire program at all. What do you think?
Try to think of something that hasn't been said yet in the last three hours. I got to say it's tough. I don't think I'm with Paul in the sense that it does. It doesn't block the system of tariffs. It just adjusts the leverage. It was entirely about leverage. And for the people that are gloating, they were probably the same people who backed the student loan bailout. You know, they could STFU.
The Supreme Court pooped on that, but that didn't stop Biden, did it? Or how about the vaccine mandates? The Supreme Court crapped on that, too, but they still did it to the government employees. There's always a workaround, but shut up is what I'm saying. Here's what the media won't tell you. Again, it's about how much they lie about things.
They lie about everything, including the Supreme Court, which they defined as MAGA. Remember, the Supreme Court was in Trump's pocket. And this was another scary narrative that was used in order for them to push things like term limits and packing the courts. But what it also did was it inflamed the public.
With this demonizing rhetoric that led to, you know, unwell leftists, surprise, surprise, trying to kill a Supreme Court justice. It's interesting how all of this rhetoric leads in one place. People trying to kill Republicans. The thing about being a Republican, though, we don't need a utopia. You know, we're used to work. So if we don't get it through this time, we do it something else.
Our goals are secondary to our system. And we have a system. We say Trump has a very unique system and it has a lot to do with leverage and working on behalf of the American people. Again, he's our a-hole. He's not the world's a-hole. He does it for us. And tariffs are not an emotional thing to us. It's just a tool. But it's because it's an emotional thing for Democrats.
They have to take it as, oh, yeah, this is so great. It's like, you know what? This is just another day. We're going to get it, whether you like it or not. You know who's a real loser here?
Iran, because POTUS is in a bad mood.
By the way, I do get what Gorsuch is saying. You know, you don't want to open up the opportunity for other presidents to enact policies based on emergencies of their design. But that would never stop a Democrat. Right. Because they do that anyway. If you don't trans your dog, that's the apocalypse.
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Chapter 8: How does public opinion influence tariff policies?
We're asking our future. We did? Got a problem with that, Greg?
You played it yesterday.
You shut your mouth. Democrats are out for blood. Former Obama lackey Susan Rice making it clear they want scalps if the Democrats take back power in the midterms. Watch.
It's not going to end well for them. They're going to be caught with more than their pants down. They're going to be held accountable. If these corporations think that the Democrats, when they come back in power, are going to play by the old rules, I think they've got another thing coming.
Greg, what do you think Susan Rice means when she says they're going to be caught with more than their pants down?
I don't know. I made a quick call to Jeffrey Toobin. He didn't pick up. What jumps out is corporations. You know, corporations are Americans. These are people. And so what she's saying is we'll destroy you when we come back unless you are obedient to us and do not play along. It's a very anti-American thing. But I was wondering, what could she do to you that they already haven't done?
I mean, target you for arrest. They do that anyway. They're going to call you a Nazi or a racist. We've been down that path. How about illegal FISA warrants, a fictional dossier? What can they do? Can they bury intelligence? Can they target Republican organizations? They did 92 and they got zero convictions. Alvin Bragg could come up with some novel legal theory.
Fannie Willis could do whatever Fannie Willis did that doesn't involve an affair. What about the 51 Intel officials? There's so many things that they can do that they've already done. The threat means nothing to us. I think that's what Trump helped imbued. Republicans and generals were no longer scared. These are very angry people, though. They use the word accountability.
And they're holding us accountable for holding them accountable. They're mad at Trump for turning on the lights, because what we found when we turn on the lights, millions of illegals, billions, perhaps a trillion in fraud, the whole trans delusion that was insane. So their accountability, what they're basically saying is we want to turn out the lights.
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