President Trump’s decision to link tariff rates to Brazil’s prosecution of former President Jair Bolsonaro is testing the bounds of White House tariff powers and could complicate the president’s defense against a high-stakes legal case over his sweeping levies.
Lawyers representing five import-heavy businesses sued Mr. Trump in the spring, saying he overstepped his executive powers by arguing that trade deficits are so damaging that he must impose tariffs under the International Emergency Economic Powers Act of 1977.
The plaintiffs say Mr. Trump is bolstering their case by tethering tariff decisions to non-trade matters.
“It’s just sort of another example of the fact that the president thinks he has unlimited tariff power and can do whatever he wants. The president thinks he can impose tariffs for any reason,” said Jeffrey Schwab, senior counsel and director of litigation at the Liberty Justice Center. “When he changes his mind on what the