Last week, the Court of International Trade delivered a blow to Donald Trump’s global trade war. It found that the worldwide tariffs Trump unveiled on “Liberation Day” as well his earlier tariffs pretextually aimed at stopping fentanyl coming in from Mexico and Canada (as if) were beyond his authority. The three-judge panel was surely right about the Liberation Day tariffs and probably right about the fentanyl tariffs, but there’s a better case that, while bad policy, the fentanyl tariffs were not unlawful.
Please forgive a lengthy excerpt of Trump’s response on Truth Social, but it speaks volumes:
“How is it possible for (the CIT judges) to have potentially done such damage to the United States of America? Is it purely a hatred of ‘TRUMP?’ What other reason could it be? I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions. … In any event, Leo left The Federalist Society to do his own ‘thing.’ I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations. This is something that cannot be forgotten!”
Let’s begin with the fact that Trump cannot conceive of a good explanation for an inconvenient court ruling other than Trump Derangement Syndrome. It’s irrelevant that the International Emergency Economic Powers Act, the 1977 law the administration invoked to impose the relevant tariffs, does not even mention the word “tariff” or that Congress never envisioned the IEEPA as a tool for launching a trade war with every nation in the world, the “Penguin Islands” included. Also disregard the fact that the decision was unanimous and only one of the three judges was appointed by Trump (the other two were Reagan and Obama appointees). (The decision has been paused by an appeals court.)
Trump is the foremost practitioner of what I call Critical Trump Theory — anything bad for Trump is unfair, illegitimate and proof that sinister forces are rigging the system against him. No wonder then that Trump thinks Leonard Leo, formerly a guiding light at the Federalist Society, the premier conservative legal organization, is a “sleazebag” and “bad person.” Note: Leo is neither of those things.
But Trump’s broadsides at Leo and the Federalist Society are portentous. Because Congress is AWOL, refusing to take the lead on trade (and many other things) as the Constitution envisions, it’s fallen to the courts to restrain Trump’s multifront efforts to exceed his authority. That’s why the White House is cynically denouncing “unelected” and “rogue” judges on an almost daily basis and why Trump’s political henchman, Stephen Miller, is incessantly ranting about a “judicial coup.”
The supreme, and sometimes seemingly sole, qualification for appointments to the Trump administration has been servile loyalty to Trump. But that ethos is not reserved for the executive branch. Law firms, elite universities and media outlets are being forced to kneel before the president. Why should judges be any different?
Trump has a history of suggesting “my judges” — i.e., his appointees — should be loyal to him. That’s why he recently nominated Emil Bove, his former personal criminal lawyer turned political enforcer at the Department of Justice, for a federal judgeship.
The significance of Trump’s attack on the Federalist Society and Leo, for conservatives, cannot be exaggerated. The legal movement spearheaded by the Federalist Society has been the most successful domestic conservative project of the last century. Scholarly, civic-minded and principled, the Federalist Society spent decades developing ideas and arguments for re-centering the Constitution in American law. But now Trump has issued a fatwa that it, too, must bend the knee and its principles to the needs of one man. The law be damned, ruling against Trump is ingratitude in his mind.
Speaking of ingratitude, the irony is that the Federalist Society deserves a lot of credit — or blame — for Trump being elected in the first place. In 2016, the death of Antonin Scalia left a vacancy on the Supreme Court. Many conservatives did not trust Trump to replace him. To reassure them, Trump agreed to pick from a list of potential replacements crafted by the Heritage Foundation and Federalist Society. That decision arguably convinced many reluctant conservatives to vote for him.
In the decade since, the Heritage Foundation has dutifully reinvented itself in Trump’s image. The Federalist Society stayed loyal to its principles, and that’s why the Federalist Society is in Trump’s crosshairs.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.
Eric Trump, the newly appointed ALT5 board director of World Liberty Financial, walks outside of the NASDAQ in Times Square as they mark the $1.5- billion partnership between World Liberty Financial and ALT5 Sigma with the ringing of the NASDAQ opening bell, on Aug. 13, 2025, in New York City.
Why does the Trump family always get a pass?
Deputy Attorney General Todd Blanche joined ABC’s “This Week” on Sunday to defend or explain a lot of controversies for the Trump administration: the Epstein files release, the events in Minneapolis, etc. He was also asked about possible conflicts of interest between President Trump’s family business and his job. Specifically, Blanche was asked about a very sketchy deal Trump’s son Eric signed with the UAE’s national security adviser, Sheikh Tahnoon.
Shortly before Trump was inaugurated in early 2025, Tahnoon invested $500 million in the Trump-owned World Liberty, a then newly launched cryptocurrency outfit. A few months later, UAE was granted permission to purchase sensitive American AI chips. According to the Wall Street Journal, which broke the story, “the deal marks something unprecedented in American politics: a foreign government official taking a major ownership stake in an incoming U.S. president’s company.”
“How do you respond to those who say this is a serious conflict of interest?” ABC host George Stephanopoulos asked.
“I love it when these papers talk about something being unprecedented or never happening before,” Blanche replied, “as if the Biden family and the Biden administration didn’t do exactly the same thing, and they were just in office.”
Blanche went on to boast about how the president is utterly transparent regarding his questionable business practices: “I don’t have a comment on it beyond Trump has been completely transparent when his family travels for business reasons. They don’t do so in secret. We don’t learn about it when we find a laptop a few years later. We learn about it when it’s happening.”
Sadly, Stephanopoulos didn’t offer the obvious response, which may have gone something like this: “OK, but the president and countless leading Republicans insisted that President Biden was the head of what they dubbed ‘the Biden Crime family’ and insisted his business dealings were corrupt, and indeed that his corruption merited impeachment. So how is being ‘transparent’ about similar corruption a defense?”
Now, I should be clear that I do think the Biden family’s business dealings were corrupt, whether or not laws were broken. Others disagree. I also think Trump’s business dealings appear to be worse in many ways than even what Biden was alleged to have done. But none of that is relevant. The standard set by Trump and Republicans is the relevant political standard, and by the deputy attorney general’s own account, the Trump administration is doing “exactly the same thing,” just more openly.
Since when is being more transparent about wrongdoing a defense? Try telling a cop or judge, “Yes, I robbed that bank. I’ve been completely transparent about that. So, what’s the big deal?”
This is just a small example of the broader dysfunction in the way we talk about politics.
Americans have a special hatred for hypocrisy. I think it goes back to the founding era. As Alexis de Tocqueville observed in “Democracy In America,” the old world had a different way of dealing with the moral shortcomings of leaders. Rank had its privileges. Nobles, never mind kings, were entitled to behave in ways that were forbidden to the little people.
In America, titles of nobility were banned in the Constitution and in our democratic culture. In a society built on notions of equality (the obvious exceptions of Black people, women, Native Americans notwithstanding) no one has access to special carve-outs or exemptions as to what is right and wrong. Claiming them, particularly in secret, feels like a betrayal against the whole idea of equality.
The problem in the modern era is that elites — of all ideological stripes — have violated that bargain. The result isn’t that we’ve abandoned any notion of right and wrong. Instead, by elevating hypocrisy to the greatest of sins, we end up weaponizing the principles, using them as a cudgel against the other side but not against our own.
Pick an issue: violent rhetoric by politicians, sexual misconduct, corruption and so on. With every revelation, almost immediately the debate becomes a riot of whataboutism. Team A says that Team B has no right to criticize because they did the same thing. Team B points out that Team A has switched positions. Everyone has a point. And everyone is missing the point.
Sure, hypocrisy is a moral failing, and partisan inconsistency is an intellectual one. But neither changes the objective facts. This is something you’re supposed to learn as a child: It doesn’t matter what everyone else is doing or saying, wrong is wrong. It’s also something lawyers like Mr. Blanche are supposed to know. Telling a judge that the hypocrisy of the prosecutor — or your client’s transparency — means your client did nothing wrong would earn you nothing but a laugh.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.