The Weekly Sift

In so holding, the court does not pass upon the wisdom or likely effectiveness of the President’s use of tariffs as leverage. That use is impermissible not because it is unwise or ineffective, but because [the law] does not allow it.

– US Court of International Trade,
rejecting Trump’s emergency tariffs

This week’s featured post is “Are Trump’s Tariffs Legal?“

This week everybody was talking about tariffs

That’s the subject of the featured post. The decision of the US Court for International Trade revolves around what powers Trump has and how he exercises them. In the conclusion I note that there are legal ways to achieve Trump’s legitimate purposes, but he has chosen illegal ways that put him into conflict with the courts.

You can view that tendency in a sinister way, as Trump seeking conflict as he angles toward dictatorial power. But the Atlantic’s David Graham puts a different spin on it.

Some of Trump’s most notable collisions with the law and courts are less a product of him wanting powers that he doesn’t have than about him wanting things to happen faster than his powers allow. The president has a great deal of leeway to enforce immigration laws, but he is unwilling to wait while people exercise their right to due process, so instead he tries to just erase that right.

Trump could lay off many federal workers using the legally prescribed Reductions in Force procedure; instead, he and Elon Musk have attempted to fire workers abruptly, with the result that judges keep blocking the administration. Similarly, Trump could try to get Congress to close the Education Department or rescind funding for NPR, especially given the sway Trump holds over Republicans in both the House and the Senate. Instead, he has tried to do those things by executive fiat. Last week, a judge blocked his effort to shut down the department, and this week, NPR sued the administration over the attempt to slash funding, arguing that only Congress can claw back funds it has appropriated.

and Elon’s last day

Another SpaceX Starship rocket failed Tuesday. Friday was Elon Musk’s official last day as a “special government employee“, a status which was always supposed to have a 130-days-per-year time limit — pretty close to the time since Trump’s inauguration on January 21.

Trump and Musk marked the occasion with a joint Oval Office press conference. Send-offs are times for reflection, and this one raises a bunch of questions.

Is he really leaving? Trump says no, for what that’s worth.

Elon is really not leaving,” Trump said. “He’s going to be back and forth. I think I have a feeling [DOGE is] his baby, and I think he’s going to be doing a lot of things.

It’s hard to know how seriously to take that. On the one hand, Musk is still the richest man in the world and can single-handedly finance campaigns at multiple levels. He still owns X/Twitter, which is a powerful force for injecting his point of view into the public mind. So if he wants to have influence in politics, he can.

On the other hand, Musk’s time as the face of the (mostly illegal) DOGE firings and budget cuts has probably not been a fun experience for him. He’s been widely vilified. Trump may well see Musk as a used-up shield. He absorbed blame from Trump’s policies, but became so unpopular that Trump may well not want to be linked with him going forward.

Tesla sales have crashed, as potential buyers began associating the company’s cars with Musk’s politics. He blew $20-some million losing a Wisconsin Supreme Court race in which he led rallies himself.

It had to hurt when fellow mega-billionaire Bill Gates said:

The picture of the world’s richest man killing the world’s poorest children is not a pretty one. I’d love for him to go in and meet the children that have now been infected with HIV because he cut that money

Seeing the New York Times publicize his drug use was probably also not fun.

So Musk may look back on his involvement in government as an unpleasant mistake. Time will tell.

What did he accomplish for the country? For the conservative cut-government-spending movement, not much. He came in promising to find $2 trillion of waste, fraud, and inefficiency. But in spite of all the people he fired or tried to fire, numbers of that size were never on the table. In the end, DOGE claimed it had saved $160 billion, but even that number was inflated. CBS reported an estimate from Partnership for Public Service that balanced that $160 billion with $135 billion in additional costs, resulting in a net savings of $25 billion. Once you factor in lost revenue (like the additional taxes those fired IRS employees might have collected) DOGE may have increased the federal deficit.

In addition, much of what Musk cut had real value, like medical research and the food and medical aid that Gates was talking about. Michelle Goldberg writes:

There is one place, however, where Musk, with the help of his minions, achieved his goals. He did indeed shred the United States Agency for International Development. Though a rump operation is operating inside the State Department, the administration says that it has terminated more than 80 percent of U.S.A.I.D. grants. Brooke Nichols, an associate professor of global health at Boston University, has estimated that these cuts have already resulted in about 300,000 deaths, most of them of children, and will most likely lead to significantly more by the end of the year. That is what Musk’s foray into politics accomplished.

What did he accomplish for himself? Quite a bit. The most obvious benefit Musk has obtained from the Trump administration was to stop government investigations into his companies.

Since the start of the second Trump administration, federal agencies that had scrutinized Musk and his business empire in recent years have begun to look a lot different. At the Department of Agriculture, for example, President Donald Trump fired the person who had been investigating the Musk company Neuralink. At other agencies including the Consumer Financial Protection Bureau, Trump and Musk have tried to slash the number of employees — potentially hobbling those regulators’ ability to enforce the law against companies including Musk’s Tesla and X.

In the past few months, Trump’s Justice Department has dropped a case against Musk’s rocket company, SpaceX, and his Labor Department has canceled a planned civil rights review of his automaker, Tesla. Another regulatory matter against SpaceX has entered settlement talks with the National Labor Relations Board.

And in more than 40 other federal agency matters, regulators have taken no public action on their investigations for several months or more — raising questions about whether those cases may have become dormant, according to an NBC News review of regulatory matters involving Musk’s companies. Those matters range widely, from safety investigations into Tesla’s “self-driving” features to alleged workplace safety violations at SpaceX.

In addition, numerous government contracts have gone to Musk companies, like Starlink and SpaceX.

So maybe the $277 million he spent on the Trump campaign was a good investment.

and Ukraine’s well designed raid

Just a few months after Pearl Harbor, American spirits were lifted by a daring bombing raid on Tokyo, which everyone — including the Japanese — had believed was out of range. It became known as the Doolittle Raid, after its leader, Jimmy Doolittle. Doolittle’s team figured out how to launch the ordinarily land-based B-25 bomber from an aircraft carrier, then maneuvered the carrier close enough to make the attempt. All 16 planes were lost, but Doolittle got the Medal of Honor for the propaganda victory.

Sunday, Ukraine launched a similarly audacious attack, as it smuggled 117 drones close enough to Russian air bases deep in Siberia that it could destroy dozens of the Russian bombers that had been hitting Ukraine. The attacks hit three separate air bases. Ukraine claims to have damaged 40 Russian aircraft, and says that all drone operators are now safely out of Russia.

and you also might be interested in …

I wouldn’t have guessed that this would be the insult that landed hard on Trump’s psyche.

Whenever Trump announces massive tariffs, stock prices plunge. But then something almost always happens, like he puts the tariffs on pause, and then stock prices rebound. If you had known he would do that, you could have “bought the dip” and profited hugely when prices went back up.

Well, among Wall Street traders, this buy-the-tariff-dip strategy became known as “the TACO trade“, where TACO stands for Trump Always Chickens Out. In other words, he’ll talk tough about high tariffs, but will always find some way to back down.

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More evidence that we are being governed by a child:

One idea that has been discussed is to transform the [presidential daily briefing] so it mirrors a Fox News broadcast, according to four of the people with direct knowledge of the discussions. Under that concept as it has been discussed, the national intelligence director’s office could hire a Fox News producer to produce it and one of the network’s personalities to present it; Trump, an avid Fox News viewer, could then watch the broadcast PDB whenever he wanted.

A new PDB could include not only graphics and pictures but also maps with animated representations of exploding bombs, similar to a video game, another one of the people with knowledge of the discussions said.

“The problem with Trump is that he doesn’t read,” said another person with direct knowledge of the PDB discussions. “He’s on broadcast all the time.”

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Conservatives have retaken power in Poland.

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One tool of the creeping surveillance state is the automated license plate reader. Put enough of them in enough places, and you can track who drives where. Like all powers, this can be used for good or ill purposes.

This week 404 Media reported that a Texas police officer used Flock to perform a nationwide search of more than 83,000 ALPR cameras while looking for a woman who had had an abortion. Abortion is almost entirely illegal in Texas but law enforcement reportedly looked at cameras in states such as Washington and Illinois, where abortion is legal.

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Jay Kuo’s brother Kaiser responds to Secretary of State Rubio’s announcement that the US has started revoking the visas of Chinese students.

The soft power cost is immeasurable. For decades, a degree from a U.S. university was the golden ticket, and not just for the prestige and the improved job prospects back home. It was often the start of a lifelong affinity for America, its values, and its people. Some of China’s best-known reformers and tech founders were educated in the U.S. They returned to China with not just skills and credentials, but admiration for an open society that welcomed them. Those days are ending. We are actively teaching the next generation of global talent that America is hostile, capricious, and unwelcoming.

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Sam Stein is an American-raised Jewish Israeli citizen who devoted half a year to being a “protective presence” for Palestinians in the West Bank occupied territories.

For six months, I lived alongside those I’d been relentlessly warned would kill me at first opportunity. The truths I learned there must be shared, especially with others raised on the same fears.

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The Real News Network’s Adam Johnson does a takedown of Jake Tapper and his new book “Original Sin”.

So Tapper has found the great scandal of the Biden years, and it is, of course, not one that upsets anyone at the Pentagon, the US Chamber of Commerce, the editorial boards of the New York Times or the Atlantic or AIPAC. The Biden aging story is the perfect pseudo-scandal for corporate media, and thus the perfect Jake Tapper story: vaguely true, but ultimately of peripheral importance, scapegoating a handful of Biden flunkies and, most important of all, it allows Tapper to polish his Speaking Truth to Power brand without speaking truth to anyone in a position of actual power.

Johnson’s candidate for the real Biden scandal is supporting Israel’s genocide in Gaza.

[I]n over 15 months of co-hosting the influential Sunday news show State of the Union during the Gaza genocide under Biden, Tapper never once platformed a single Palestinian guest, while giving ample platform to a revolving door of Biden officials, Israeli spokespeople, and two softball interviews with Israeli Prime Minister—and fugitive from international justice—Benjamin Netanyahu. 

Consistent with his yawning through the genocide under Biden, Tapper mostly ignores it under Trump and only chimes in to frame the latest Israeli war crime in terms favorable to Israel. Even worse than never bothering to interview a single Palestinian, his Sunday news show, since Israel recommenced its genocide on March 18, hasn’t brought up Gaza as a topic once.

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Anthropologist Anand Pandian has traveled the country speaking to people of all backgrounds and opinions.

In my writing, I try to show how everyday structures of isolation – at home and on the road, for the body and the mind – magnify the social and political divides we lament so often. These interlocking walls of everyday life sharpen the divide between insiders and outsiders, making it hard to take unfamiliar people and perspectives seriously, to acknowledge the needs of others and relate to their struggles.

So much turns on the edges between the familiar and the foreign, these lines we’ve come to live with on a daily basis. Can we learn once again to take these edges as spaces of encounter, rather than hard divides between ourselves and the world beyond?

and let’s close with an intriguing thought

David Farrier considers the possibility that AI might crack animal languages, and what it might do to human consciousness if we learned how other species communicate.

In interspecies translation, sound only takes us so far. Animals communicate via an array of visual, chemical, thermal and mechanical cues, inhabiting worlds of perception very different to ours. Can we really understand what sound means to echolocating animals, for whom sound waves can be translated visually?

The German ecologist Jakob von Uexküll called these impenetrable worlds umwelten. To truly translate animal language, we would need to step into that animal’s umwelt – and then, what of us would be imprinted on her, or her on us? “If a lion could talk,” writes Stephen Budiansky, revising Wittgenstein’s famous aphorism in Philosophical Investigations, “we probably could understand him. He just would not be a lion any more.”