The Counsel

The Trump Administration Wrongly Took $160 Billion and Won’t Give it Back

Mar 13, 2026
A deep dive into political pressure inside the Department of Justice and how career prosecutors are responding. A look at subpoenas for election materials and ethics allegations surrounding DOJ figures. A breakdown of the Supreme Court ruling on tariffs and the unresolved $160 billion refund question. Discussion of who would actually get repaid and the political costs of fighting refunds.
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INSIGHT

Court Invalidated Tariffs But Sidestepped Refunds

  • The Supreme Court struck down Trump's emergency IEPA tariffs but left the refund question unresolved.
  • Justices debated refunds at oral argument, yet the majority declined to decide what happens to the $160+ billion collected.
INSIGHT

Judge Grants Universal Refunds To Importers

  • A federal judge granted universal relief, ruling all importers who paid the IEPA tariffs are entitled to full refunds plus interest.
  • Judge Richard Eaton acted to prevent costly individual suits for small importers by ordering broad restitution.
ADVICE

Pursue Collective Recovery Rather Than Individual Suits

  • Courts can provide universal relief to avoid burdensome suits for small importers, so businesses should pursue collective recovery routes.
  • Smaller importers benefit from Judge Eaton's all-importer remedy without hiring lawyers individually.
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