S8 Ep358: SEGMENT 4: GREENLAND TARIFFS LACK LEGAL FOUNDATION Guest: Richard Epstein Epstein argues Trump's tariff threats over Greenland lack constitutional justification, representing neither genuine emergency nor legitimate tool to punish nations disagreeing wi
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 23 January 2026
⏱️ 6 minutes
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| 0:00.0 | I'm John Bachelor. Richard Epstein is here writing for Civitas Outlook at Civitas Institute, where he is a scholar, |
| 0:23.5 | and he has written of the Greenland matter as it continues to change. The present assumption is that |
| 0:29.4 | there will be a negotiation between representatives of the Trump administration and representatives of |
| 0:35.7 | Greenland. And I don't have a list here, but in any event, |
| 0:39.9 | that's a presumption. It's continuing to change, however. My understanding is that there might be a |
| 0:47.0 | future that looks very much like the past. The U.S. has personnel on Greenland, always has had, |
| 0:52.9 | and has a long history of guarding it for our European allies, especially during the Second War. |
| 0:58.9 | However, Richard's essay points to mistakes. |
| 1:01.9 | Well, the word is blunders, made by the Trump administration. |
| 1:05.8 | Richard, the word blunder does apply. |
| 1:09.6 | I come to the one that's underneath everybody's waiting right now, |
| 1:14.0 | which is, does the president have the power to declare that tariffs on the basis of a trade imbalance are an emergency? |
| 1:22.9 | Does he have the right to declare that he can willy-nilly issue tariffs against people who don't obey him |
| 1:30.4 | when it comes to Greenland? Does he have that power? Ah, so the first thing you have to ask is, |
| 1:36.2 | what about the current case, the IEPA case, that's what we all remember, the International |
| 1:41.8 | Emergency Economic Powers Act? And the answer is it's a very narrowly |
| 1:46.9 | drafted statute and tariffs is a routine matter with certainly no part of it. And that Trump's so-called |
| 1:53.0 | emergency, which is a long-term trade imbalance, is doubly moronic. Anything that long cannot be an |
| 1:59.2 | emergency. Anything that's stable, cannot be destructive. |
| 2:02.5 | And Trump simply doesn't understand the total stupidity of using a regime. |
| 2:06.8 | And he will lose that case, as you're a matter. |
| 2:08.6 | My opinion, he will lose that case. |
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