Fox Business guest argues Trump's new global tariffs are also illegal
David Bahnsen: “He doesn't actually have the legal authority in Section 122 to do it ... If you want these tariffs, you have got to go to Congress. That's what the Constitution says.”
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From the February 23, 2026, edition of Fox Business' Varney & Co.
DAVID BAHNSEN (BAHNSEN GROUP): Look, he doesn't actually have the legal authority in Section 122 to do it. That's on balance of payments, and there isn't a balance of payments crisis. So, I think that's going to end up going to court as well. But that's the rationale he's using.
This is going to add to uncertainty, there's already the refund issue we're going to talk about. But nobody knows what to do here. They should never have used IEEPA, it was questionable from the get-go, and there's going to be a lot of uncertainty for businesses now for the next several months.
STUART VARNEY (HOST): Endless litigation.
[CROSSTALK]
BAHNSEN: Endless litigation, and the litigation's likely to end in the favor of the companies that have paid these tariffs. I think President Trump should take the win that they've accidentally given him, because $120 billion could come back into the economy and the private sector if these businesses get refunds. And that money is needed right now for hiring, for job growth. So, this is a mess, but no, they do not have — If you want these tariffs, you have got to go to Congress. That's what the Constitution says.
VARNEY: And that's what the Supreme Court said, basically.
BAHNSEN: Yep, that's right.