Is the BMW 750i a Threat to National Security?

Membership Ticker

Monika Bauerlein,
CEO

Dear Reader,

December is make-or-break for Mother Jones’ fundraising. We have a $350,000 goal that we simply cannot afford to miss. And in "No Cute Headlines or Manipulative BS," we explain, as matter-of-fact as we can, how being a nonprofit means everything to us. Bottom line: Donations big and small make up 74 percent of our budget this year and are urgently needed this month, and all online gifts will be matched and go twice as far until we hit our goal. Please pitch in if you can right now.

December is make-or-break for Mother Jones’ fundraising, and in "No Cute Headlines or Manipulative BS," we hope that giving it to you as matte-of-fact as we can will work to raise the $350,000 we need to raise this month. Donations make up 74 percent of our budget this year, and all online gifts will be matched and go twice as far until we hit our goal.

BMW of North America

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

So Donald Trump is now publicly threatening to slap a 20 percent tariff on European cars in retaliation for Europe’s retaliation over Trump’s tariffs on steel and aluminum. I’m not going to bother writing yet again about how dumb this is. I just want to ask what the alleged justification will be. National security?

It’s obviously nonsense that American national security is endangered in any way by importing a million BMWs and Mercedes each year for rich people to tool around in. Nevertheless, that’s all Trump has, so that’s what he’s forced to use. But here’s the thing: Trump has this power because of a congressional statute. It’s not carved into the Constitution or the Ten Commandments. That means Congress can remove or restrain the power easily.

They won’t, of course. But why not?

And a question for whatever kind of lawyer specializes in this kind of thing: Is there any chance of a court putting a stop to this? I know that courts are traditionally very deferential to claims of national security, but where’s the limit? This obviously has nothing to do with national security, and Trump himself has said so on occasion. If it went into effect, could a car company sue to stop it?