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Economics

A court rejects Donald Trump’s claim to absolute immunity

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ON THE campaign trail, Donald Trump has been saying he would be a “dictator” on the first day of his second presidency. Mr Trump may be half-joking when he announces this plan to cheering throngs. But the Republican front-runner has a track record of swelling presidential power past its traditional limits, from declaring a national emergency to build a wall on the southern border, to withholding his financial records and White House communications related to the January 6th riot.

On February 6th Mr Trump’s latest pretension—that years after leaving office he is immune from criminal prosecution for actions he took as president—met with thorough rejection by a federal appeals court in Washington, DC. “Former President Trump has become citizen Trump,” the ruling read, “with all of the defences of any other criminal defendant.” The three-judge panel that dismantled Mr Trump’s case included two appointed by Joe Biden and a staunch conservative appointed by George H.W. Bush.

Mr Trump’s pitch for immunity stems from the federal case brought by Jack Smith, the special counsel, concerning the former president’s attempt to overturn the results of the 2020 election. The appeals-court hearing, which began on January 9th after a district-court judge also ruled that Mr Trump did not enjoy the “divine right of kings”, exposed the extraordinary nature of the argument. When asked whether, for example, a president who had a political rival assassinated by SEAL Team Six could face a legal reckoning after leaving office, Mr Trump’s lawyer answered no—unless Congress had impeached and convicted him first. The judges were unimpressed. Making former presidents wholly immune from criminal exposure, they wrote, would abrogate “the primary constitutional duty of the judicial branch to do justice in criminal prosecutions”.

Mr Trump’s lawyers had argued that presidents might be “chilled” into inaction if a blanket of immunity does not await them upon leaving office (a claim Mr Trump repeated after the ruling). And yet, wrote the judges, past presidents have always “understood themselves to be subject to impeachment and criminal liability”, so any purported chilling effect has been in place throughout American history.

Gerald Ford, for example, pardoned Richard Nixon after he resigned—which was necessary only because both men knew that Nixon faced criminal prosecution for his involvement in the Watergate scandal. And Bill Clinton “agreed to a five-year suspension of his law licence and a $25,000 fine” to avoid having criminal charges filed against him after his presidency. Even if some presidents were to temper their actions through fear of “vexatious litigation”, the court wrote, that risk is outweighed by the public interest in holding former chief executives responsible for criminal misdeeds.

After expediting the briefing and oral argument, the DC circuit took nearly a month to issue its ruling. That has delayed Mr Trump’s trial for election interference, originally due to begin on March 4th. Yet the 57-page decision—presented by a united front of ideologically diverse judges—may ultimately help get the trial started in time for a verdict before the presidential election in November.

One more tribunal could stand in the way, however. The DC circuit panel put its ruling on hold until February 12th to give Mr Trump time to request a stay, and ask for full review, by the Supreme Court. If the justices decline, the case will return to the district court and the trial could begin in the spring. But more likely, in a season rife with fraught election-year battles, is an accelerated trip to the Supreme Court.

Stay on top of American politics with The US in brief, our daily newsletter with fast analysis of the most important electoral stories, and Checks and Balance, a weekly note from our Lexington columnist that examines the state of American democracy and the issues that matter to voters.

Correction, February 7th 2024: An earlier version of this article mistakenly referred to Richard Nixon as Gerald Ford’s running mate. Sorry.

Economics

Tariffs to spike inflation, stunt growth and raise recession risks, Goldman says

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U.S. President Donald Trump announces that his administration has reached a deal with elite law firm Skadden, Arps, Slate, Meagher & Flom during a swearing-in ceremony in the Oval Office at the White House on March 28, 2025 in Washington, DC. 

Andrew Harnik | Getty Images

With decision day looming this week for President Donald Trump’s latest round of tariffs, Goldman Sachs expects aggressive duties from the White House to raise inflation and unemployment and drag economic growth to a near-standstill.

The investment bank now expects that tariff rates will jump 15 percentage points, its previous “risk-case” scenario that now appears more likely when Trump announces reciprocal tariffs on Wednesday. However, Goldman did note that product and country exclusions eventually will pull that increase down to 9 percentage points.

When the new trade moves are enacted, the Goldman economic team led by head of global investment research Jan Hatzius sees a broad, negative impact on the economy.

In a note published on Sunday, the firm said “we continue to believe the risk from April 2 tariffs is greater than many market participants have previously assumed.”

Inflation above goal

On inflation, the firm sees its preferred core measure, excluding food and energy prices, to hit 3.5% in 2025, a 0.5 percentage point increase from the prior forecast and well above the Federal Reserve’s 2% goal.

That in turn will come with weak economic growth: Just a 0.2% annualized growth rate in the first quarter and 1% for the full year when measured from the fourth quarter of 2024 to Q4 of 2025, down 0.5 percentage point from the prior forecast. In addition, the Wall Street firm now sees unemployment hitting 4.5%, a 0.3 percentage point raise from the previous forecast.

Taken together, Goldman now expects a 35% chance of recession in the next 12 months, up from 20% in the prior outlook.

The forecast paints a growing chance of a stagflation economy, with low growth and high inflation. The last time the U.S. saw stagflation was in the late 1970s and early ’80s. Back then, the Paul Volcker-led Fed dramatically raised interest rates, sending the economy into recession as the central bank chose fighting inflation over supporting economic growth.

Three rate cuts

Goldman’s economists do not see that being the case this time. In fact, the firm now expects the Fed to cut its benchmark rate three times this year, assuming quarter percentage point increments, up from a previous projection of two rate cuts.

“We have pulled the lone 2026 cut in our Fed forecast forward into 2025 and now expect three consecutive cuts this year in July, September, and November, which would leave our terminal rate forecast unchanged at 3.5%-3.75%,” the Goldman economists said, referring to the fed funds rate, down from 4.25% to 4.50% today.

Though the extent of the latest tariffs is still not known, the Wall Street Journal reported Sunday that Trump is pushing his team toward more aggressive levies that could mean an across-the-board hit of 20% to U.S. trading partners.

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Economics

DOGE comes for the data wonks

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FOR NEARLY three decades the federal government has painstakingly surveyed tens of thousands of Americans each year about their health. Door-knockers collect data on the financial toll of chronic conditions like obesity and asthma, and probe the exact doses of medications sufferers take. The result, known as the Medical Expenditure Panel Survey (MEPS), is the single most comprehensive, nationally representative portrait of American health care, a balkanised and unwieldy $5trn industry that accounts for some 17% of GDP.

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Economics

Checks and Balance newsletter: Who is (or was) the smartest person in government?

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Checks and Balance newsletter: Who is (or was) the smartest person in government?

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