Blizzards & Tariffs Hit Washington 2/23/26

23 Feb 2026 · 54 min · 19 chapters

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In short

The episode is about two Washington policy shocks colliding with Wall Street: the Supreme Court overturning Trump’s IEPA-based tariffs and what happens next, plus a proposed Washington state “millionaire” income tax.

Guests

  • Steve Leisman, CNBC senior economics reporter; interviews lawyers/trade experts/economists on tariff impacts.
  • Stephen Moore, former Trump economic adviser and Unleash Prosperity co-founder; argues the ruling forces Congress and limits presidential tariff power.
  • Natasha Saron, Yale Law School professor; focuses on legal uncertainty, volatility, and investment effects.
  • Jamie Peterson, Washington state senator; sponsors a 9.9% tax proposal on very high incomes.

Key claims and notable examples

  • Customs will stop IEPA tariff collection starting 12:01 a.m.; Supreme Court decision left refunds unresolved (possibly up to $175B).
  • Administration plans to keep tariffs via other authorities (e.g., Section 301/232) and a 150-day limit for Section 122.
  • Economists cite household burdens ($1,000 in 2025; $700 in 2026) and warn companies won’t roll prices back without clarity.
  • Peterson says it’s an income tax (not a wealth tax), with a $1M income threshold and 9.9% rate; he argues it won’t drive major exits by comparing to other states’ higher taxes.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Supreme Court Overturns Tariffs

1:01 to 2:54

Discussion on the implications of the Supreme Court ruling on Trump's tariffs.

“This is Squawk Pod and I'm CNBC producer Cameron Costa.”

Blizzard Hits the Northeast

2:54 to 4:15

Report on the winter storm impacting the Northeast and its effects.

“Stand and or buy in three, two, one, cue and.”

Tariff Policy Implications

4:15 to 5:48

Exploration of the impacts of tariff policy changes on businesses and investments.

“Now to the story of the day, the tariff story.”

Refunds and International Relations

5:48 to 7:40

Discussion on potential refunds for tariffs and international trade relations.

“And, you know, we will follow what they say, but that could be weeks or months when we hear them.”

Trump's Demands on Netflix

7:40 to 13:55

Analysis of Trump's comments on Netflix and the implications for corporate governance.

“So all of these big companies and how it happened, how you have a short window, by the way.”

Debanking and Political Concerns

14:00 to 16:46

Discusses the implications of debanking and political maneuvers related to tariffs.

“part, to try to tamp down the potential that the president would try to block the deal.”

Economic Impact of Tariffs

18:08 to 23:06

Analyzes the economic impact of changing tariffs and the uncertainty surrounding them.

“There's a fire inside you you can't ignore.”

Negotiations and Future Uncertainties

23:06 to 28:00

Explores the uncertainties in negotiations and potential economic repercussions of tariffs.

“Now he goes to go to Section 122, which is just a balance of payment problems.”

Tariff Uncertainty and Economic Impact

28:00 to 29:10

Discussion on how tariff changes affect companies and the stock market.

“Has not come from the stock market point of view, Joe.”

Long-Term Effects of Tariffs

29:10 to 30:50

Exploring the potential long-term impact of tariffs on business investments.

“So, OK, so the thing that I'm still just trying to understand that I wanted to go back to Steve about is the question long term.”
Show all 19 chapters

Deregulation vs. Tariffs

30:50 to 32:10

Analyzing the conflict between deregulation goals and complex tariff systems.

“So because the next administration might not.”

Supreme Court Ruling on Tariffs

32:10 to 34:10

Discussion of a Supreme Court decision affecting tariff authority and its implications.

“And I think when they say that, yes, that is true.”

Implications of Taxation without Representation

34:10 to 35:50

Examining concerns around taxation powers and the necessity of congressional approval.

“And now he's sort of lost that negotiating tactic.”

Global Trade Relations and Uncertainty

35:50 to 37:30

How tariff uncertainty affects global trade partnerships and investment.

“And so I, too, was heartened by the Supreme Court's decision on Friday.”

Future of Business Investments

37:30 to 39:20

Exploring how businesses are reacting to tariff volatility and future investments.

“Natasha, right out of the box, you said this is terrifying, terrifying.”

The U.S. Economic Standing in Trade

39:20 to 42:04

Discussing the U.S. position in global trade amidst tariff changes and economic policies.

“is all of these unfulfilled commitments that countries have made to the United States in terms of investments here, where you think that heads, what kind of leverage or not you think the president has.”

Trade Tariffs and Their Impact

42:04 to 43:32

Explore the implications of trade tariffs and the call for a level playing field in international trade.

“You have to start giving us a better deal.”

Deliberating the Wealth Tax

45:01 to 56:01

A discussion with Washington State Senator Jamie Peterson about the proposed income tax and its implications.

“There's a fire inside you you can't ignore.”

Discussion on Tax Implications

56:01 to 56:16

Explore the nuances of proposed tax policies and their potential impact.

“But it's a far cry from setting it up as a wealth tax on anyone who's a millionaire.”
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Transcript

Automatic transcript. May contain errors.

0:00A History of the United States in 100 Objects is a brand new podcast from 99 % Invisible and BBC Studios. Each week, we're looking at a different object from across American history with a unique story to tell about who we've been, what we've built, and what we've allowed ourselves to forget. Some of these objects are well known, many are not, but all of them carry the story of how we got to this moment. Find A History of the United States in 100 Objects on the 99 % Invisible feed wherever you get your podcasts. Hey Fidelity, how can I remember to invest every month? With the Fidelity app, you can choose a schedule and set up recurring investments in stocks and ETFs.

0:42Oh, that sounds easier than I thought. You got this. Yeah, I do. Now, where did I put my keys? You will find them where you left them. Investing involves risk, including risk of loss. Fidelity Brokerage Services, LLC, member NYSE SIPC. Bring in show music, please. This is Squawk Pod and I'm CNBC producer Cameron Costa. On today's episode, Wall Street is digesting the Supreme Court decision to overturn President Trump's tariffs. I think it could actually really stymie investment. That is the fundamental question. How the changing rules have affected businesses so far with Steve Leisman. You must be out of your mind to follow the rules here because it is so complicated, so complex, so changing every day.

1:35And this is antithetical to the administration's own central initiative of deregulation and being pro and business friendly. And to all the companies who did follow those ever changing rules, what happens now? Trump's former economic adviser, Stephen Moore. If the tariffs were illegally imposed, then did these companies get their money back? And if so, we're talking about$175 billion that would have to be returned. And Yale's Natasha Saron on America's current economic standing. This is a moment of great uncertainty and volatility, not just for consumers, not just for businesses, but also for our trading partners and for adversaries.

2:21Then in Washington state, state senator Jamie Peterson has sponsored a millionaire's tax. This is not a tax on intangible property, the so-called wealth tax that we were considering last year. This is an income tax on very wealthy people. Plus, a winter storm blankets the east Coast, again. And President Trump is calling for the removal of a Netflix board member, Susan Rice. It's Monday, February 23rd. A chock-full Squawk Pod begins right now. Stand and or buy in three, two, one, cue and. Good morning and welcome to Squawk Box right here on CNBC. We are live at the Nasdaq market site in Times Square on a very snowy Monday morning.

3:12We'll talk about the blizzard in just a second. I'm Andrew Ross Sorkin, along with Joe Kernan. Becky is off. Coastal winter storm slamming the northeast. More than 40 million Americans under blizzard warnings, 200 ,000 plus power outages reported. New York City has already seen close to a foot of snow at the southern tip of Manhattan. A lot more I'm hearing from. I wasn't there, but out in the burbs, There are some serious totals as far as, I don't know, more than a foot, maybe two feet. Zaron Mondani announcing a travel ban closing schools for a snow day. For the first time since 2019, East Coast airports virtually closed.

3:52And according to FlightAware, New York's LaGuardia Airport has canceled 98 % of its flights. Boston's Logan Airport, 92%. New Yorkers were hoping for some quick melting because that's what we finally got from the last storm. It was finally starting to go away, but very mushy. But we may be in luck. The temperature is forecast to be above freezing for the next several days, including 40 degrees on Wednesday. Now to the story of the day, the tariff story. U.S. Customs and Border Protection saying it's going to stop collecting tariffs imposed under the International Emergency Economic Powers Act.

4:32It's going to start at 12.01 Eastern Time tomorrow. Now, on Friday, the Supreme Court ruled that President Trump's tariffs imposed under that so-called IEPA law were illegal. The president said he would impose a 10 percent global tariff, which he then upped to a 15 percent rate a day later. U.S. Representative Jameson Greer, a trade representative, commenting on how the administration intends to keep its tariff regime in place despite the court ruling. There's a 15 % tariff now. It's roughly equivalent to the types of tariffs that we had in place under IEPA. As this tool expires, I'm going to be conducting Section 301 investigations.

5:13The Commerce Department has existing tariffs under Section 232. A lot of tariffs are still in place. The reality is we want to maintain the policy we have, have as much continuity as possible, make sure that business understands this is the direction we've been going. We're going to continue going this way. It's unclear when or if American companies would be refunded tariffs they've already paid. Treasury Secretary Scott Besson was asked about that yesterday, but didn't directly answer. That's bad framing because the Supreme Court didn't even address that. The Supreme Court remanded it down to a lower court.

5:48And, you know, we will follow what they say, but that could be weeks or months when we hear them. So the Supreme Court did not address refunds. following friday's ruling the president said on truth social he was ashamed of certain members of the supreme court he praised justice thomas and alito and kavanaugh but then criticized uh by name two others he appointed barrett and gorsuch and effectively at one point said that you know that he was ashamed of them and their family should be ashamed and really really should be interesting tomorrow are they sitting in the front row as they do who's going and who's not They will.

6:23He said that they were, quote, hardly invited to the state of the union. The ones that went the wrong way. And somebody asked, you know, would they be welcome there? And he said they were they're hardly invited anyway, basically. And honestly, I don't care if they come or not. But I would say, I mean, on that front, I don't we don't even talk about. Do you remember what it was at Obama or Biden where he was saying something in Alita was going to say, no, no, that's not true. No, no. But which one was it? Do you remember? I believe you're talking about Obama. Was it Obama? There has been times where the President of the United States has been critical of the Supreme Court before.

6:59I don't think we've ever been so critical on a personal basis in this way. And I do think the decorum of the court is one of the last bastions, I hope, of what's left. Andrew, the court and the left had an approval rating of 10%. It's okay. And you want to put 15 people on the Supreme Court anyway. So if the left suddenly is holding up the Supreme Court as someone that they admire and they don't like that the president is disparaging them, they already hate the Supreme Court. So that's this. But I don't think it has to be considered in that political context. I think the bigger question. That's what we're doing.

7:35That's what we're doing. It's talking about Trump again. The bigger issue right now is going to be the refunds. So all of these big companies and how it happened, how you have a short window, by the way. There's a formula to when you actually have to even put in for a refund, first of all, and two, whether a company that raised prices will, quote unquote, have standing, whether you're effectively going to have to show losses. And that's going to be a very interesting question mark. And clearly, I think the comments that Besson had made on Friday at the Economic Council in Dallas suggested he doesn't think that companies are going to get anything back.

8:12And the American public may not get anything back. I heard that they were saying that some way he described it. I heard someone saying that do countries get tariffs back? And here all along, we've been told the countries don't pay any of the tariffs. So what does that mean? Well, I don't know what that part means. Well, they were talking about do countries, are countries owed things for tariffs that they have paid? I guess if they raise prices on their exports, then. Well, I don't know if it's the country that would get the money back. I think it would be the company. I mean, this was country that they were talking about.

8:43Well, here's the bigger issue, though. The bigger issue is, if you're Japan, for example, or Indonesia, or Malaysia, or name a country, South Korea, that committed to the president of the United States that they were going to make a massive investment in the United States. Because they were coerced. Based on the back of this idea. I heard him say that we expect all these countries that did these trade deals to follow through on it regardless. Now, most of these deals, even though they were touted by the administration and the headlines, so many of them are not done to begin with because they require authorization, oftentimes, by a whole other legislative branch in the foreign country.

9:24In the foreign country. And if you read through some of the press, the international press over the weekend, in some of these countries, I mean, the idea that some of these countries are going to pursue and follow through with those commitments seems very hard to believe because the citizenry is looking at this saying, I don't understand. You negotiated with these people based on this assumption. Their own courts are saying this is illegal. How is this even happening? I would think that everybody that doesn't like Trump, the tariffs would be excited, but obviously they're not going away. I don't know how they're going to be back, but or whether they'll be back, whether how long it can be backward.

10:03It's 150 days. Well, it seems, you know, isn't it 150 days? It's 150 days. So you get through the summer. Right. By the way, it's now a blanket situation. Wouldn't Congress have to do something? Well, no, no. Here's what's going to happen. They'd have to go past 150 days. This 15 % will be here, which is basically roughly in line with where it is. But by the way, countries like Britain, which were at a lower rate, are now going to be paying a higher rate after they made all these deals. So all of these deals have been completely gone back on just by default of this situation and the ruling. So then you're going to have Jameson Greer go on an individual basis.

10:41And if he, look, you can actually implant tariffs legally, I believe, if you do investigations and you can argue that this is not fair on a very specific either company by company, industry by industry, or country basis for certain things. And so likely what they're going to do is try to do that and run that clock for the next, call it, two and a half years. But that makes it very difficult if you're an American company or an international company to decide where you actually are going to put your supply chain because what's going to happen at the end of this period and how different is it going to be for the next couple of years?

11:21I think it could actually really stymie investment. That is the fundamental question. Well, thank you for that because I was wondering what it was. President Trump calling on Netflix to fire a board member and former Biden administration official Susan Rice in a post on social. The president said Netflix should get rid of Rice or, in his words, pay the consequences. During a podcast last week, Rice said that things wouldn't end well for companies, news organizations and law firms that cave to President Trump's demands in his second term. She added that when Democrats regained power in Washington, she didn't think that they would forgive companies.

12:00And Netflix's spokesperson declined in comment on the president's remarks. But Ted Sarandos basically brushed them off. He's over in London, said that President Trump likes to say do a lot of things on social media, but this is a business matter and not a political matter. that must have thrown a chill into you a little bit when she said some of those things because we don't you know that maybe it started in one administration another administration does does the same thing then the next one goes back and says i already we're going to get you for what you did but since we don't like anyone to do it i know that as an objective person you don't think it's a good thing for her to be saying that there will be hell to pay for these companies It's terrible.

12:45I think it's terrible. I mean, I got a little bit scared. I don't think it's good for her to say. I think it's actually a very bad thing. Very good. That's all. That's all I wondered, because I know how you take a stand on. No, no. I think it's bad for her to say. OK. And I also hope that if, in fact, this transaction ultimately gets in front of the Department of Justice, that the president doesn't have that was the sort of retribution. People immediately thought against Rice. on Twitter. People are saying, are you crazy in the middle of all this? You're saying this stuff as if it could come back to haunt Netflix that a board member was saying those things when it's trying to do this acquisition.

13:23You're saying that about the president? No, I'm saying that everywhere I saw that people immediately were jumping to the conclusion that it was a very bad move because it could cause problems with the administration in allowing There's two issues here. There's two issues. I disagree with what she said, and I think on the merits of what she said, she should not be saying those things. I understand. It shouldn't have anything to do with the— But I also think if she so chose to say those things, that that should not impact whether this transaction is approved or not. Exactly. That's what I just read that Sarandos said.

13:57No, I'm sure that that's what Sarandos said, but Sarandos was saying that, I believe, in part, to try to tamp down the potential that the president would try to block the deal. Because already there were, there's musings that he's always liked the Ellison. The Ellison's better, yes. And he's just been saying, I'm not going to do anything about it. But people didn't really, you know, well, we'll see. But it got pretty interesting with that. But that. What's that? Well, it just is that, I mean, do 77 million people that voted for Trump have to worry? About which part? Susan Roy said there are, she's never gotten a vote by anybody.

14:35She's never been elected to anything. Anybody that has, like, taken up with this bad orange man, it could go to, you know, it sounded really strange. Talk about fascism. No, no, no. Well, I'm not so sure about that either. No, no, no. I think there's a... Well, what was she saying? Take it out of Susan Rice's mouth and put it in Jamie Dimon's mouth. One of the things that Jamie has said repeatedly is this idea that he fears that companies that make specific kinds of deals with this administration that potentially could look like some form of corruption or bribery or something else will be prosecuted by the next administration.

15:20Now, I think that unto itself is a uniquely interesting thing. But the point is... Did it really come out that J.P. Morgan debanked? Did that all come out? Didn't the New York Times report on that? Did that happen? Because I was seeing that on social media, too. Well, look, the president is suing J.P. Morgan over what he argues is being debanked. Now, the reason that J.P. Morgan would tell you that he was debanked or his family was debanked or whatever it was, was related to January 6th Because of the regulations that the government has in place that actually forces the banks, this is the argument J.P.

16:01Morgan would make, to debank certain people who could create genuine risk to the bank. That is the argument. And if you looked at January 6th at that time, that's what was taking place. So they did debank. And one of the things that Jamie Dimon has said, I think for the last decade or more, is that the rules should be changed. He's been arguing about some of these debanking rules, but these rules come from a combination of the Federal Reserve and from the Treasury Department. Do I have to worry about being debanked now? Will Susan Rice debank me? Susan Rice doesn't work at a bank. But you're sure there's nothing for me to worry about?

16:39I mean, you've got to worry I'm going to debank you. Cheese will be next. Coming up on Squawk Pod, tariffs overturned and the future in flux. economist Natasha Saron. The pre-Supreme Court ruling was around 16%. The effective tariff rate calculated by my colleagues at the budget lab at Yale says it's now about 13.7. And conservative economist Stephen Moore. The court has basically taken an arrow out of the quiver of Trump's negotiating strategy. And again, as someone who's not a fan of tariffs, I am a fan of these trade deals. refunds and geopolitics right after this break

17:28pandora makes it easy for you to find your favorite music discover new artists and genres by selecting any song or album and we'll make you a personalized station for free download on the apple app store or google play and enjoy the soundtrack to your life hey fidelity what's it cost to invest with the fidelity app start with as little as one dollar with no account fees or trade commissions on U.S. stocks and ETFs. Hmm, that's music to my ears. I can only talk. Investing involves risk, including risk of loss. Zero account fees apply to retail brokerage accounts only. Zero dollar commission does not apply to customers designated by Fidelity as a professional equity trader.

18:03A limited number of ETFs are subject to a service fee of$100. See details at Fidelity.com slash commissions. Fidelity Brokerage Services, LLC, member NYSE SIPC. There's a fire inside you you can't ignore. Stand still, not a chance. You're a lifelong learner who's come this far. Now we're here to help you keep going further. Capella University, what can't you do? Visit capella.edu to learn more.

18:28This is Squawk Pod. Wall Street trying to assess the potential economic impact of the tariffs that are going away and the tariffs that are maybe staying and on the way. Senior economics reporter Steve Leisman joins us with the latest. What are you hearing, Steve? Well, it was an interesting weekend talking to lawyers and trade experts and economists. But with the end of emergency tariffs, with the beginning of a series of new ones, economists expect pretty much somewhat less inflation and a reduced hit to growth this year. But the impact will still be there. There will be greater uncertainty as we wait for how the administration ultimately fashions a new set of import tax measures.

19:09Erica York from the Tax Foundation, she wrote this weekend, The Supreme Court ruling was welcome news, but the economic pain is far from over. The Trump tariffs amounted to an average tax increase per U.S. household of$1 ,000 in 2025. Now, with the IEPA tariffs being ruled illegal, the president's remaining new tariffs will result in a household burden of$700 in 2026. Treasury Secretary Scott Bessent late on Friday said the administration plans to raise as much revenue through new tariffs as it did with old tariffs. But most think the effort will not quite succeed. Goldman saying the effective tariff rate will fall to 9 percent from 10 percent, saying 60 to 70 percent of the tariff prices have already been passed through the consumer, raising core inflation by about 0.7 percent.

19:58But economists don't think there's Goldman doesn't think there's much more left to pass through. Economists also don't see prices rolling back. Barkley's writing over the weekend, quote, we doubt that businesses which recently raised their prices due to tariffs will lower them back. They would likely wait for more clarity on the future tariff rates. And it's the lack of clarity that may take the biggest economic toll. Businesses now brace for a renewed period of uncertainty over what tariffs will be in place, over what time, along with, of course, potential legal challenges to these new authorities separately.

20:31NEC Director Kevin Hassett has publicly apologized for comments made on CNBC last week, where he called for New York Fed researchers to be disciplined after they found 90 % of the tariffs were paid by U.S. consumers and businesses. Hassett, writing to Larry Kotlikoff, an economist, he wrote, I regret suggesting the authors should be disciplined for their research. Indeed, I retract that suggestion. The authors of this study are all excellent economists. We differ strongly on this particular paper, but I did not mean to impugn their excellent reputations and regret my choice of words. As for the Fed, it's hard to imagine them doing anything but taking the administration at their word that they intend to replace the tariffs one for one.

21:14So the policy outlook unlikely to change when it comes to interest rates. And, Andrew, this could be another round of legal challenges here because this Section 122, as you know, that calls for the use of declaring a balance of payments problem or crisis is something that's being disputed by a lot of people I'm talking to. Look, even Neil Katyal, who was the lawyer who argued this case in front of the Supreme Court and won, meaning just this tariff case we're talking about, he made the point that the Department of Justice, in its own argument, effectively says that Section 122 might not be a path to doing what they're doing.

21:56So I think this is going to raise some really interesting questions. The biggie that I've been talking about all morning, Steve, that I wonder where you land on is not so much about the refunds or what companies ultimately do or at least do in the short term, which is probably not much as they wait for all this to play out, is what countries that made large commitments to invest in the United States ultimately do, given that so many of them remain unfulfilled. and in so many cases actually not just remain unfulfilled, but remain unapproved by their own legislatures in various countries around the world?

22:33Well, I think that's another piece of the uncertainty, Andrew. I'm going to go back to the drawing board perhaps on some of these negotiations. I understand that Europe is going to vote this morning to just stop the negotiations or the approval of the European-U.S. trade pact. I think it changes essentially the negotiation and the leverage of the president. What's interesting to me, Andrew, is this kind of ties back. The president is saying that there are investors willing to put, or countries willing to put trillions of dollars into the country. Now he goes to go to Section 122, which is just a balance of payment problems.

23:10So I talked to people from the Bank for International Sediments last night, or former people from there, and a balance of payments problem is when foreigners are withdrawing their money. You have a run on the currency. You have a surge in interest rates. You have all kinds of problems that we don't have if the president is right and people want to put trillions into the country. So it really all ties together that if these investments are being made, as the president claims it, I think some of them are actual and some of them are exaggerated and hyperbole. But if they're being made, it's very hard to make the claim of having a balance of payments problem.

23:46And that's going to be a very, very interesting issue. Having said all that, you know, the other leverage piece of this, which we've also talked about a little bit this morning, Steve, is not simply using tariffs. So that was sort of the president's favorite cudgel is going to be the defense issue, which is, you know, you think about a Taiwan or you think about parts of Europe and NATO and the like. There is part of an issue about whether some of these countries and by the way, some companies that may not even be seeking refunds, for example, because they are worried about retribution in some other way.

24:17Yeah, I mean, I heard you talk about that. I think all of that is accurate. I think that's part of the negotiation, part of the relationship we have. But we start at another place here. And these Section 122 tariffs, I'm sorry to keep coming back to them, but they have this 150-day limit on them. So now you talk to a person on the other side of the negotiation table that has a different set of leverage, and that leverage is one that is potentially limited. And again, coming back to this 122 thing, I keep talking to people and they say they don't know if Congress does not approve to extend them at the 150 day mark.

24:54It's possible the administration could come right back and declare the balance of payments emergency once again. So it could go on potentially forever. So I wish, Andrew, that the administration would figure out or would incorporate in its policies the uncertainty that's created for business here. That you want to be able to order stuff from overseas, tell me what the price is, tell me what the tariff is, and I can go about my business. Now I think there's another round of potentially debilitating uncertainty here. And by the way, just one piece of uncertainty that I think doesn't seem to be on the table is the idea that Congress is not going to, at least this is my impression, but maybe you think politically it's different, that when these 150 days are over, I mean, part of what the Supreme Court effectively said was, Congress, it should be your decision to make, and therefore that Congress would effectively have to approve something after 150 days if you wanted to use either Section 122 or IEPA or something else in this context.

25:58politically, especially ahead of these midterms, that does not seem to be, you know, tariffs do not seem to be a popular thing in this country. Right. But the problem becomes again, Andrew, can the administration just declare it again? And by the way, there's a whole bunch of other declarations that are coming or may have already been made in Section 232, Sections 301. They're going to be using a whole range of, by the way, Congress has ceded a lot of tariff authority to Congress. It's just what the Supreme Court declared is they couldn't use this particular IEPA tariffs in this case. But there are many, many ways the administration can implement tariffs.

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26:41It appears the administration will be using those measures. And we're going to have to sit here and wait for each declaration and how it does it. It looks like they carved out some of the initial exemptions that were in the IEPA tariffs and those pass over into the Section 122 tariffs. We'll just have to wait and see. And then we'll do more and more of this analysis to try to figure out what the ultimate impact is on inflation and growth, Andrew. Yeah. I mean, we're still waiting, Steve. And, you know, there are a lot of people that think that the axe will eventually fall on inflation and everything else.

27:13But I just, you know, debilitating uncertainty will continue. I don't think the administration would use the word debilitating uncertainty for American business. We just went through an amazing earnings season. The market's at new highs. It just hasn't. Maybe we're waiting for Godot. Maybe it happens. But I just don't feel the debilitating uncertainty that you're saying that companies have felt since Liberation Day. Maybe for the first week, there was debilitating uncertainty. And then it all reversed itself. So it'd have to get a lot worse than what it's been up to this point. I know a number of CEOs who think that they made a big mistake, by the way, already with some of the supply chain stuff.

27:53OK, I'm just saying that markets are new highs. I hear what you're saying. I hear what you're saying from the stock market. Has not come from the stock market point of view, Joe. Earnings. Well, that is the stock market, right? Not necessarily. It's it's it. Well, you just said the debilitating uncertainty for companies. Where are you seeing it in either the stock market or the company's results? Well, when you talk to people, Joe, who talk about the idea of trying to program their systems, Joe, we've had intraday changes in tariffs. We have had a period of time where the uncertainty about what the cost is going to be of fairly critical inputs.

28:38They have had exemptions. I understand. You know what I'm saying. The administration. We'll call up Santelli and get. Call up Santelli. Then it'll be fair. You, you, me and Santelli against against you. How would that be better? We got to get we got to move on against me. I got good. This is the biggest story of the year, possibly of the decade. You knew it was going to happen. No, no. But I'm saying the tariff story, broadly speaking, what this president has done with tariffs is changed the entire global trade landscape. We did it in his first administration and then Biden left him on. And now this is.

29:12So, OK, so the thing that I'm still just trying to understand that I wanted to go back to Steve about is the question long term. Let's say you get past these 150 days. Let's say you're able to implement other tariffs while this administration is this administration. Do you think, and this is the question I was hearing from CEOs about, which was, yes, their view is that the tariffs of some form will stay here possibly for the next two, two and a half years. But that's different than being here for the next 10 years in terms of making big infrastructure investments and some of the sort of long term investments that they're going to be making.

29:52And my question to Steve is whether you're hearing either the same thing or how you think that changes the dynamic. Well, first of all, I want to go back to what Joe is saying. It is true that not every company has had debilitating uncertainty. That is true. It is certainly more true for those involved in importing of products and where imports are essential. The president's policies are based on, in part, a revenue issue, right? When they said, we're going to really replace the revenue. They didn't say we're going to replace the reasons for the thing being there. We're going to replace the revenue.

30:24There's a revenue component. There's also this component where the president is hoping to bring in manufacturing into the United States. Only a stable tariff regime can result in that kind of investment. And if you might recall, Joe, from the very beginning of this, I said, if the president wants to put tariffs on for that reason, he must go to Congress to create a more stable regime. And it was not a question of whether or not tariff's good, tariff's bad. But you want people to make investment. You got to have stability. So because the next administration might not. I understand that the president's own plans.

31:02Right. You I mean, that that's a perfect world. Obviously, you're hoping for because administrations change and we get whipsawed. Businesses get whipsawed back and forth on all kinds of things and not just trade and tariffs, but regulation and everything else. This was supposed to be an administration that was going to come in and be very business friendly. And they have been in the sense of this accelerated depreciation and other deregulatory aspects. We've had this issue. We had Scott Lince to come on. I don't remember if you were there from the Cato Institute who showed the graph of if you're trying to follow the law and pay these tariffs, that you must be out of your mind to follow the rules here because it is so complicated, so complex, so changing every day.

31:48And this is antithetical to the administration's own central initiative of deregulation and being pro and business friendly. Right. It's mercurial. I mean, I've actually when I've talked to to some of the president's biggest supporters, I've said, well, what about this? What about this? What about this? And they always say sort of the same thing. Steve, you know what they say? Joe, that's how he rolls. And I think when they say that, yes, that is true. That's how he rolls.

32:25President preparing to deliver the State of the Union tomorrow night and the state of the economy will be front and center. Probably get some comments on the Supreme Court ruling as well. I bet you you might get a glimpse of some famous hockey players, too. Maybe. I don't know. I'm just thinking. Joining us now, former Trump economic advisor and co-founder of Unleash Prosperity, Stephen Moore and Natasha Saron, Yale University Law School. Professor, I was joking a little bit because, Stephen, you've never been a fan of tariffs, so I said this is going to be some debate talking about tariffs when both people are, like, finishing each other's sentences.

33:05You at least concede, Stephen, that it might tie Trump's hands in negotiating better trade deals and forcing other countries to reduce their tariffs. But you've always thought of it as a tax, I think, on companies and consumers as far as tariffs go. Well, that's exactly right, Joe. And I've always been kind of conflicted on this because on the one hand, I don't like taxes and tariffs. And I do think that the Supreme Court has made the right decision in basically saying that these kinds of decisions really have to pass through the House of Representatives and Congress. This Constitution is pretty clear on that.

33:45On the other hand, the court has basically taken an arrow out of the quiver of Trump's negotiating strategy. And, again, as someone who's not a fan of terrorists, I am a fan of these trade deals that Trump has brought home. The trade deals with China, the trade deals with Canada, Mexico, Europe. He has forced other countries to lower their tariffs on our goods. And now he's sort of lost that negotiating tactic. So that's, I think, one of the reasons Trump was so angry about this decision. And you do make one point that I think everyone could identify with a little bit, and then we'll get to Natasha, Steve.

34:27And if you do view tariffs as taxation, as a tax, your point is, imagine what would happen if a and you say a Kamala Harris, President Kamala Harris, President Gavin Newsom, President AOC were to just tax anything he or she wanted without any congressional approval. That's nightmarish. That's a hellish scenario. Maybe Natasha might like it. We'll find out. But that's a scary scenario, isn't it? It should. That's one reason that conservatives and free marketeers should probably be cheering this Supreme Court decision. Because no president, not this president or an AOC or Kamala Harris, should have the authority to say, well, we have an emergency here, so we're going to raise taxes without any approval from Congress.

35:21And so, look, this simply means that Congress is going to have to do their job. Have they voted Joe up or down on any of this? I mean, the Congress is sort of the villain here. They've done nothing on these. They've never even taken a vote. Yeah, well, they got an election every two years in the House. That no one wants it. I can't imagine. Natasha, take it away. And I know you always come on and you know you're going to needle you a little bit, but you smile when I do. I appreciate that. Well, I have to say I agree with a lot of what you and Stephen are saying. I think the idea of taxation without representation is so terrifying that this country was founded on the principles that you have to have some sort of deliberative process that goes through Congress that determines the power to tax and spend.

36:06And so I, too, was heartened by the Supreme Court's decision on Friday. The thing that I think is challenging, and Stephen started to get at a little bit of this, with respect to our negotiating posture in other countries, I think we disagree on how positively we view these trade deals. But I suspect we agree on the following. Effective tariff rates today relative to where they were Friday morning before the Supreme Court are actually in kind of a similar place. So the pre-Supreme Court ruling was around 16 percent. The effective tariff rate calculated by my colleagues at the budget lab at Yale says it's now about 13.7.

36:45But there is so much uncertainty and volatility about even the legal authority that's being deployed to effectuate these new tariffs. And they're temporary for 150 days. And then they do require congressional authorization. And if you're sort of an ally or an adversary looking at the United States right now, and if you've been looking at them for something over the last year, I suspect you're kind of wondering about the extent to which these types of authorities that the president is trying to levy are ultimately going to be supported by the Supreme Court. And I suspect this isn't the last time we're going to see legal challenges in this dimension.

37:23So I just think that this is a moment of great uncertainty and volatility, not just for consumers, not just for businesses, but also for our trading partners and for adversaries like China that are looking at the U.S. in a weakened position. Natasha, right out of the box, you said this is terrifying, terrifying. I'm going to start using that on Leesman. He's been terrified since Liberation Day. Tariff. Get it, Steve? Huh? I do what I can for you, Joe. You went right through it, Natalia. I don't think, but I was listening. Oh, my gosh. He just said it really is terrifying. Go ahead, Steve. I was just going to make an important point, which is this is, I think the word that the court made was that this is going to be very complicated and confusing about where we head from here on in now.

38:16Trump obviously came out with that temporary tariff, was it 10 or 15 percent across the board yesterday? And that would be, I think, only for a few months. But the big question that I'm being asked by all businesses, merchants, retailers, manufacturers, will they be repaid the money that they paid in the tariff? In other words, if the tariffs were illegally imposed, then do these countries get their money back? And if so, we're talking about$175 billion that would have to be returned. I don't know the answer to this, but I know it's going to be a big, big issue that's debated. Yeah, I think the court called it, Stephen, a mess, both in oral argument and then Justice Kavanaugh and dissent, right, trying to think through exactly what process is going to be used.

39:10And the decision says nothing about the refunds. And so it's really an issue that's been left. Natasha, I think one of the big questions now, putting aside what you think companies ultimately do, is all of these unfulfilled commitments that countries have made to the United States in terms of investments here, where you think that heads, what kind of leverage or not you think the president has. some of these commitments effectively require foreign legislatures to approve them, many of which have not thus far. You read some of the international press in some of these countries now, and they're saying, you know, we were coerced into these deals that we shouldn't have been making, and maybe we're not going to now do them.

39:50How do you think that all plays out? And what kind of other levers do you think the U.S. has, whether it's about defense, we're thinking about Taiwan and other things that may pressure them to continue this path. Yeah, and you saw the Europeans over the course of the weekend making the point that this, in fact, also using the terminology that the tariff uncertainty has created a mess with respect to trying to think about how even realistic it is that the United States is going to be able to make the kind of commitments and threats that they've been levying in the course of these trade negotiations.

40:21And so I think the thing is, Andrew, it has always been very legally questionable and dubious that the president was able to effectuate these kinds of across-the-board tariffs, which, as Stephen points out, are taxes. They're taxes on businesses and consumers with the stroke of a pen and changing them so dramatically. By my count, the effective tariff rate has changed on some 60-plus days so far in this administration. And so I think they were always pretty legally dubious. I suspect the nature of how other countries were looking at Trump was not through the lens of how likely it was the Supreme Court was going to uphold these tariffs, but instead through the lens of trying to appease and work with the United States, given their importance in the world.

41:04But this gets to the question then long term, Stephen, maybe you can speak this long term, how countries and companies invest or not either in the U.S. or in these new supply chains. Or do they slow roll this whole situation and say, you know what, I don't know what's going to happen over the next two and a half years. I was thinking about this, but maybe I'll see where the world goes afterwards. And if that's the case, that actually is not a good result in many ways because you won't necessarily get that investment. Yeah, you need predictability and you need certainty. And we don't, needless to say, we don't have that right now.

41:38But one of the, look, I'm not a fan of the terrorists, but as I said earlier, I think Trump has really recognized something that previous presidents haven't, which is that the United States is in a unique position in the sense that every other country in the world must trade with the United States. We're the alpha male economy. We're the hub of the world economy. And what Trump did, which I think is, was virtuous, actually, is to say, look, you You have to trade with us. Your stakes are higher here than ours. You have to start giving us a better deal. To use a term that Trump has used, rip off.

42:12A lot of these countries have been ripping off the United States by charging us higher tariffs than we charge them. And to some extent, what Trump is basically saying is, look, we want a level playing field. And what's wrong with that? Yeah, but Stephen, that's actually not what these trade deals are doing. I mean, what can you articulate as to something that the United States has gotten out of them? And I think Andrew's point is a really important one, which is the type of volatility and uncertainty and lack of predictability that doesn't just go away. Like the world looks less stable in the United States, looks less stable as a trading partner.

42:44And that's here with us for some time going forward. And as investors are trying to make choices about where to spend resources, they're looking at Europe. They're looking at Japan in ways that they wouldn't have been 16 months ago or 13 months ago precisely because of this volatility. And I think that's a really unfortunate and long term consequence for the United States going forward. OK, well, thank you. But look, you talk about investors. But what about our manufacturers, our farmers, our dairy farmers who've been who've been really. Well, it takes time. It's right so far. All right. Thanks, Natasha.

43:19Alpha person. You get Stephen. Alpha person. Man, we keep inviting you on, but you got to get it together. it. But thank you, Stephen. Thanks, Natasha. Coming up on Squawk Pod, will a new wealth tax proposal in Washington state have executives of three iconic corporations, Microsoft, Amazon, and Starbucks, thinking about leaving? We'll talk to the state representative trying to make this tax a reality right after this. It's Jamie Peterson. If we pass the bill, it will make it much more like most of our peer states. And I don't think, therefore, that it would cause many people to think about moving.

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45:23Welcome back to Squawk Pod. You are watching the one and only Squawk Box on CNBC on this very blizzardy day here in New York City Times Square. I'm Andrew Ross Sorkin, along with Joe Kern and Becky is off. Meantime, the state of Washington is considering a nearly 10 percent tax on the state's millionaires. A proposal has already passed the state Senate and joining us right now is the prime sponsor of that bill. Washington State Senator Jamie Peterson. Good morning to you. This is becoming a national topic as other states like California, New York and others have talked about wealth taxes. And there's been a bunch of people potentially moving from these states.

46:04And I'd start with just the very question to you, which is how concerned are you and how much do you worry that if you put these taxes in place, that some of the wealthiest in your state who work at places like Amazon and Microsoft and Starbucks and others are going to leave. Yeah. So let's be really clear about what we're talking about. This is not a tax on intangible property, the so-called wealth tax that we were considering last year. This is an income tax on very wealthy people. So people who have more than a million dollars of income each year. And the tax rate that's proposed, which is 9.9%, is actually lower than in most other states.

46:49So there are 41 states at this point that have some form of personal income tax. This would be a personal income tax that has a million dollar standard deduction, so that the only people who would pay it are ones who have more than a million dollars in income. So I guess what I draw from all of that is that our tax system is unusual, exceptional right now, in the sense that it does not tax income at all. What would, if we pass the bill, it will make it much more like most of our peer states. And I don't think, therefore, that it would cause many people to think about moving. I don't disagree with you that right now that tax does not exist.

47:33It's just that the delta is so high, you are not concerned that there are people who would leave the state and try to go to other states with lower taxes? And therefore, what happens to your revenue base? Well, look, if you have somebody, for example, who's thinking about going to Idaho, they have to have more than$1.9 million of income for it to pencil out, right? Because the amount there is a 4.4 % tax, but from$1. So, you know, if you go to Oregon or California or Hawaii or most of the other jurisdictions that we tend to compete for talent with, the tax is actually higher on that level of income, and they have tax brackets that are lower than a million dollars.

48:20So it is true that if you have somebody who really wants to move to Texas or Florida, or one of the other non-income states, then they could choose to do that. But I think many of those people have probably already left for other reasons. I think New Jersey has this already, right? Something close to it. This is not a—I don't know why we keep calling it a wealth tax. So you said that right at the top. This is not a wealth tax, is it? It's an income tax. It's not a wealth tax. Okay. You know, that takes away all the really potent ammunition for all the questions. And so, I mean, it might be bad, but it's not you're not trying to tax intangible assets, at least.

48:58Right. We are not. Even you aren't crazy enough to try to do that. Are you, Senator? I think, you know, I think one of the big lessons that I've had over this process is that we we're a state that has a lot of natural advantages. We don't need to be exceptional in terms of our tax system. And what is really exceptional about our tax system right now is that we don't have any form of income tax at all. We rely primarily on sales taxes to fund government services. Am I wrong in understanding at the same time you want to increase corporate taxes, though? No, actually, the proposal will decrease corporate taxes, both for large businesses, rolling back a tax that we had increased last year, and then also probably more importantly, for small businesses, we would increase the small business credit so that 70 percent of businesses in the state would no longer pay any business taxes at all.

49:58Well, what would be the biggest the impact on the biggest companies in the state? And I'm thinking about the Amazons, the Microsofts, the Starbucks and the like. Yes. So we we have worked closely with a group called the Washington Roundtable, which includes most of the largest businesses in the state in developing the proposal. And the proposal right now includes their top two priorities. Number one, reducing that what's called business and occupation tax surcharge of a half a point on gross receipts for businesses that have over $250 million in revenue. We would accelerate the sunset date for that by one year.

50:39And then we would also roll back the sales tax on services that we had started charging last year as part of our budget deal. So for, you know, I think the business community, you know, I won't speak for them. You'll have to talk to them directly, but I think the business community has been a participant all along the way in the development of this process, and many of them view it as preferable to charging higher business taxes. Invariably, there are going to be some who say, you don't need to be raising more money. You need to be cutting spending. What do you say to that? Well, we are cutting spending too.

51:22You know, last year in our budget process, we cut about$7 billion of spending. And this year in the budget that my Ways and Means chair just rolled out, We are going to be reducing about a billion dollars of additional spending over the next four years from what our budget had last year. You know, the reality is that we are sort of in a position where labor and other costs for public services, education, for health care are going up. We've got a federal government that is pushing more costs onto us, including we're going to have to spend something like$370 million in IT costs over the next three years to implement a system that will kick more people off of food and health care benefits, which we don't want to do.

52:16Right. But that'll be a condition for us to receive federal assistance. Senator, let me ask you. just a slightly different question and maybe it's a philosophical one and there have been folks who have obviously already left your state like jeff bezos and the like who moved to miami but you know oftentimes and here we are in new york uh the mayor here uh wants to raise taxes on the wealthy and and we often look at the number of how many people left the state but one of the things that that a lot of people don't do is say did they come to the state would have they come to the state otherwise and i think about a firm like jp morgan which is which is based here in new york City, but now has more employees, I believe, in the state of Texas than they do here.

52:59And so when you think about an Amazon or a Starbucks or a Microsoft or any place else, you say to yourself, well, it's not so much simply that people leave the state so much as what does it mean for people coming to the state? And clearly your tax rate, at least in the past, was one of the incentives that I think led people to come to your state. Yeah. So look, we're talking about a tax that would be paid by something in the neighborhood of 21 ,000, I think is the estimate, out of 8 million people. And, you know, it's going to raise a pretty significant amount of money. The projections are about$3,$3.5 billion a year, which will help us to be able to fund public schools, to fund health care.

53:45I think that the people who are thinking about where to come, and it's important to point out that like the U-Haul data actually show that Washington is one of the states into which people are really coming right now. That data suggests that people want good public services and the quality of life that we have here. I don't think that it's all about taxes. And frankly, I don't think that it's going to have a significant effect on whether people choose to come. And the final question to you, which is When you do the math on this proposal, do you do you subtract anybody leaving? So when you when you do the modeling for this, I'm always curious, do you say to yourself, OK, yes, some percentage of those 21000 people that you say are going to get hit with this tax are going to leave as a function of this.

54:37And we're going to lose X amount of money, but we're going to make it up on the other. Explain how you do it. Yeah. So the Department of Revenue does all of that work. I'm a lawyer, not an economist, but they assume in the first year that we'll have about 90 percent collection rate and then in ongoing about 95 percent. So there is built in an assumption either of tax avoidance or, you know, by people leaving or not paying. So that that is built into the assumptions that they have. Is there an actual wealth tax being proposed in Washington state? at this point? There was a bill filed to do that, but that is not what we're moving forward.

55:19No, I know. This is the way we intro. I mean, that almost is mind boggling to say that this is a 10 percent tax on millionaires. It's like that sounds like a 10 percent wealth tax on a millionaire, when in fact, in New Jersey and I live in New Jersey and I'm not saying this affected me. But Murphy, on anyone who made between$1 million and$5 million a year, he went to 10 and three quarters, the marginal rate. So you think this is a good idea? No, I'm just, he lulled me into a false, he's speaking very reasonably, and it's not nearly as bad. We've already done it. I mean, people, Phil Murphy, I did not like what Phil Murphy did.

56:00I don't like what he's doing. But it's a far cry from setting it up as a wealth tax on anyone who's a millionaire. The distinction is that there was no tax. That's right. 10 % tax. So then it's even more. He can make a case that's even more reasonable, that no one will move. Senator, thank you for joining us. We've got to run. That's Squawk Pod for today. Thank you for listening. Squawk Box is hosted by Joe Kernan, Becky Quick, and Andrew Ross-Orkin. You can tune in weekday mornings on CNBC from 6 a.m. Eastern all the way until 9. And you can get the best bits of that three-hour TV show right here on SquawkPod.

56:38Make sure you follow us, leave us a review, share with your friends. We really appreciate the support. We'll meet you right back here tomorrow. Stay warm, stay dry. We are clear. Thanks, guys.

57:19We'll see you next time. and see how easy it is to protect your favorite way to get away. Progressive Casualty Insurance Company and Affiliates. Not available in D.C. Prices vary based on how you buy.

From the publisher

As a major blizzard blankets much of the East Coast, the bigger storm is in Washington. After the Supreme Court of the United States struck down President Donald Trump’s global tariff policy, the President responded with a new 15% tariff on all imports, putting U.S. trade deals and the broader global order in question. CNBC’s Steve Liesman explains the ruling and what comes next. Yale Law School professor and former Biden Treasury official Natasha Sarin debates former Trump economic advisor Stephen Moore on the economic impact and outlook of more tariffs. Then, Washington State Senator Jamie Pedersen discusses his proposal to raise the income tax on millionaires and its likelihood to encourage executives to leave the state. Plus, President Trump urges Netflix to remove board member and former Biden policy chief Susan Rice.

 

Steve Liesman - 19:04

Stephen Moore and Natasha Sarin - 32:57

Jamie Pedersen - 46:23

 

In this episode:

Natasha Sarin, @NatashaRSarin

Stephen Moore, @StephenMoore

Steve Liesman, @SteveLiesman

Joe Kernen, @JoeSquawk

Andrew Ross Sorkin, @andrewrsorkin

Cameron Costa, @CameronCostaNY


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