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The Lawfare Podcast

Lawfare Archive: Trump’s Tariffs and the Law

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 28 February 2026

⏱️ 47 minutes

🧾️ Download transcript

Summary

From February 27, 2025: For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Kathleen Claussen, an expert in international economic law and professor at the Georgetown University Law Center, and Lawfare Contributing Editor Peter Harrell, a non-resident senior fellow at the Carnegie Endowment for International Peace, to discuss the ambitious set of tariffs the Trump administration has imposed or threatened over its first month in office.

They discussed the tariffs Trump has imposed so far, what seems to be coming over the horizon, and how they all line up with the legal authorities he is using to impose them.

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Transcript

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0:00.0

The Electronic Communications Privacy Act turns 40 this year, and it's showing its age.

0:06.0

On Friday, March 6th, Lawfare and Georgetown Law are bringing together leading scholars,

0:11.1

practitioners, and former government officials for installing updates to ECPA, a half-day event

0:16.6

on what's broken with the statute and how to fix it. The event is free and open to the public, in person and online.

0:23.2

Visit lawfaremedia.org slash ECPA event.

0:26.4

That's lawfaremedia.org slash ECPA event for details and to register.

0:48.3

Music I'm Marissa Wong, Internet Lawfare, with an episode from the Lawfare for February 28, 2006.

0:53.3

On February 20th, the Supreme Court issued its decision in Learning Resources v. Trump,

0:58.8

which held that the International Emergency Economic Powers Act, or AIPA, does not authorize the

1:04.7

president to impose tariffs.

1:06.8

The decision struck down President Trump's AEPA--based tariffs like the fentanyl and reciprocal tariffs,

1:12.5

but left tariffs based in other statutes standing.

1:15.8

For today's archive, I chose an episode from February 27th, 2025,

1:21.7

in which Kathleen Claussen and Peter Harrell joined Scott Anderson to unpack President

1:27.0

Trump's sweeping tariffs from his

1:28.8

first month of his second term. If legal authorities fully support these tariffs, and what challenges

1:34.4

may come next?

1:49.4

It's the Lawfare podcast. I'm senior editor Scott R. Anderson with Kathleen Klausen, Professor of Law at the Georgetown University Law Center, and Peter

1:52.9

Harrell, a contributing editor here at Lawfare and non-resident fellow at the Carnegie Endowment

1:57.2

for the National Peace. Either the tariff provides him leverage and the foreign counterparty caves and gives him what he

2:04.2

wants, and that's obviously a win.

2:06.4

Or if it doesn't get the foreign counterparty to cave, he gets tariff revenue.

...

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