By Nick Catoggio
Friday, April 11, 2025
Earlier this month, I wrote about Kilmar
Abrego Garcia, an immigrant who was granted protected status in the United
States yet shipped off anyway to an El Salvadoran dungeon. A lawyer for the
government acknowledged that Garcia had been deported in error—and was promptly
placed
on leave from Donald Trump’s Justice Department for his honesty—but
maintained that there’s nothing to be done about it now that he’s in the
custody of another country.
Yesterday, the Supreme Court knocked that down. Ruling
unanimously, the nine justices ordered the
Trump administration to “facilitate” Garcia’s release and “ensure that his
case is handled as it would have been had he not been improperly sent to El
Salvador.”
The odds that the president will follow that ruling can’t
be more than 50-50.
He might follow it. Leaving a man to rot in a third-world
hellhole due to a government screw-up would be so dystopian that the White
House may conclude that defying the order is more trouble than it’s worth. If
you’re going to challenge the judiciary’s authority to tell the president what
to do, you don’t want to fight that political battle in a matter where the
court is obviously right and the administration is obviously wrong.
But “he might follow it” is as much confidence as I can
muster. The new reality of American governance is that anything can happen and
probably will. All bets are off.
On Wednesday, with alarm growing about the fate of Garcia
and other dubiously
deported dungeon-dwellers, Homeland Security Secretary Kristi Noem sneered,
“We’re confident that people that are [imprisoned in El Salvador] should be
there, and they should stay there for the rest of their lives.” The rest of
their lives? Three-quarters of the deportees have no
criminal record, and not one seems to have received any judicial process
before being “sentenced” to indefinite confinement.
In the United States, even duly convicted murderers don’t
always do life. But Noem understands that ruthless fascist bravado is what’s
expected of her. That mindset will inform how the administration responds to
the Supreme Court’s ruling. All bets are off.
The same is true in Congress. Last week, Sen. Mike Lee
offered his own opinion about the inmates’ predicament when he responded to a
Twitter meme that read “Visit Canada: We won’t throw you into an El Salvadoran
gulag without due process!” The senator, a former law clerk for Samuel Alito, replied sternly:
“We absolutely will. Don’t come here illegally.”
Garcia wasn’t here illegally. That’s sort of the point.
But even if he were, nothing says “all bets are off” like watching Mike “Mr.
Constitution” Lee boast that his country is now willing to ignore basic
procedural rights designed to ensure that an accused man actually is who the
government says he is.
With allies like Noem and Lee egging him on to be
“tough,” whether Trump will comply with the Supreme Court’s order or ignore it
is anyone’s guess. But, importantly, it’s also anyone’s guess how the public
will react if he opts for defiance. While the idea of a president ignoring
court rulings is very unpopular
in the abstract, Trump and his right-wing propaganda apparatus have yet to
bring the full weight of their influence to bear in normalizing the
idea. If he flouts the court in Garcia’s case, insisting that deterring
illegal immigration is a matter of saving the country and that “He
who saves his Country does not violate any Law,” would you be terribly
shocked if 45 percent of the country or so ended up in his corner?
I wouldn’t. All bets are off—not just with respect to
Trump but with respect to the American people. That’s the message global
markets sent this week when they continued canceling their bets on U.S.
securities even after the “Liberation Day” tariffs were paused. Markets have
lost confidence that our country, from top to bottom, is capable of behaving
sensibly. They’re right to do so. Frankly, it’s overdue.
Risk premium.
Most of the commentary criticizing Trump’s trade idiocy
and the damage it’s caused has dwelled on the fact that the crisis is
self-inflicted. That’s not the most salient fact about it, but it’s certainly
true.
To see just how true, have a gawk at this chart tracking
the U.S. Economic Policy Uncertainty Index since 2005. A once-in-a-lifetime
catastrophe like the COVID pandemic, in which global commerce shut down
entirely, caused considerably less economic uncertainty than
two-and-a-half months of American populist rule-by-whim has.
Some investors aren’t sticking around to see how much
more unpredictable things might get.
What convinced Trump that it was time for a trade war
“pause,” reportedly, was the chaos
in bond markets overnight on Tuesday that caused yields on U.S. treasuries
to rise. Yields don’t typically climb when equities are being routed; in a
crisis, nervous investors tend to start buying up treasuries, viewing them as
the ultimate financial safe haven. The unexpected rise in yields on Tuesday
indicated that treasuries—a lot of them—were being sold. That was a
potential financial
crisis in the making.
So the president blinked, pausing his tariffs on everyone
except China. Except that treasury yields … kept
rising. The dollar has weakened too, creating an extra hidden “tax”
for Americans on certain foreign imports as investors turned to gold
and Swiss francs instead. According to the investment bank Evercore, only
four times in the past 30 years has the dollar dropped by more than 1.5 percent
while the yield on 30-year treasuries has risen by at least 10 basis points.
Typically, that sort of crunch is only seen in emerging markets. This week it
happened to us.
In Evercore’s words, the trends reflect “evaporating U.S.
growth exceptionalism and the reduced attraction at the margin of dollar assets
for reserve purposes amid erratic U.S. decision-making.” Or, in plain English
from the analysts at ING:
“(The) more troubling narrative of late is the notion of what we call a ‘sell
America Inc.’ risk. … (The) here and now is painting treasuries as a tainted
product, and that’s not comfortable territory.”
Investors are “selling America” because America is no
longer a stable investment. Anything can happen. All bets are off. We chose to
behave like a third-world country when we reelected Trump, so that’s how
markets have begun to treat us. The bill is coming due.
I suspect treasury yields will remain elevated even if he
abandons his trade war entirely because the risk of “erratic U.S.
decision-making” will remain so long as he’s president. No one would be
surprised, for instance, if the president turned around tomorrow and fired
Federal Reserve Chairman Jerome Powell in a fit of pique because Powell isn’t
lowering interest rates fast enough for the White House’s liking. Nor would
anyone be shocked if Trump announced he’s raising tariffs on China to 500
percent because he simply must win his staring contest with Xi
Jinping, never mind what that would mean for American consumers or for
American companies that rely on Chinese components for their manufacturing.
Dumb as the president’s trade war might be in principle,
there would be some reason for investors to feel confident in him if he were
waging it skillfully, at least. He
isn’t. Trump admitted to reporters that he paused his tariff scheme because
markets
were getting “yippy,” not because (as so many of his aides pretended) it
was all part of some master plan. No one seems to understand what
the endgame is of his escalating tariff tit-for-tat with China, but as
rates rise, it’s going to compel a sudden, total, wrenching decoupling of our
two countries’ economies.
Nor can anyone explain the strategic logic of alienating
friendly countries by tariffing the world only to turn around and narrow the
target to Beijing. The U.S. can’t
match China’s manufacturing capacity alone; it needs partners, and might
have had them if Trump hadn’t needlessly picked a fight with them. Instead, Xi
is capitalizing on Trump’s stupidity by inviting European leaders to join
him in resisting Trump’s “bullying,” and the European Union is sufficiently
interested to have begun planning
a summit with the Chinese leader in July. U.S. allies are beginning to
diversify their geopolitical portfolio in the same way investors diversified
their bond portfolios this week, and for the same reason.
Anything can happen in an America led by Donald Trump.
The United States is an increasingly risky place to do business—or even
to visit—and that risk is now being priced into treasuries. The more the
president behaves like a third-world caudillo—by ignoring court orders,
say—the higher the risk premium markets will demand to invest here. We will not
remain the world’s reserve currency after placing dimwitted Orbánists at the
helm of the most powerful country in history, nor should we—2029 is a long way
away.
But even when (if?) Trump and the other dimwits leave
office, the new American risk premium we saw this week won’t dissipate
entirely. You and I will bear the financial and political costs of it for the
rest of our lives, because the source of American instability ultimately isn’t
the administration. It’s the people who elected it.
An obvious solution.
As I said, the fact that the trade crisis has been
self-inflicted isn’t its most distinctive characteristic.
What distinguishes it from other national crises is that
the solution in this case is obvious and readily available. It doesn’t
require a trillion-dollar bailout, as the 2008 financial meltdown did, or a
global shutdown, as the pandemic did, or a years-long war on terror, as
September 11 did.
In theory, all it would take to re-stabilize global trade
and significantly reduce the riskiness of American investments is for Congress
to repeal Trump’s “emergency” tariff powers. Presidents move quickly and
boldly, but legislatures move slowly and deliberately, offering just the sort
of “no sudden moves” assurances that investors are begging for. Nothing would
blunt the spike on that skyrocketing Economic Uncertainty Index like putting
tariffs back in the hands of a body so inert that its default consensus on
funding the federal government has become “whatever
we did last time.”
The United States isn’t yet so much of an autocracy that
the legislature has to let itself and the country be taken hostage by an
autarkist madman who believes, and I quote, that “trade is bad.”
It has cards to play and a political justification to play them. New data from
the University of Michigan released Friday shows that consumer sentiment in the
U.S. has dropped to its second-lowest
level since the early 1950s; only in the summer of 2022, when inflation was
rising amid a pandemic hangover, did the number dip lower—and even then, only
slightly lower. Never once during the Great Recession were consumers more
pessimistic than they are now.
Yet we all recognize that Congress won’t
act. Amid a crisis grave enough to threaten the dollar’s global reserve
status, with a fix at its fingertips that could be achieved in a day or two of
floor votes, our representatives won’t do a single meaningful thing to solve
the problem. It’s unthinkable that they would.
Which is a pretty grave crisis in its own right, no?
It isn’t like this in other countries. Three years ago,
Liz Truss became prime minister of the United Kingdom and announced a plan for tax
cuts on higher earners. Markets revolted. The pound dipped. Truss backed
off amid the convulsions, but it was too late: She was forced out after 50
days, making her stint as leader the shortest in British history. Nowadays,
she’s mostly known to Americans for turning up at CPAC to cheer Trump on and mutter
about “the deep state.”
Britain’s system is parliamentary, of course, and so
Truss wasn’t entitled to a fixed term in office like the president is. But the
analogy is useful because of how differently the public there reacted to an
economic crisis foisted on it by its own leadership. Within weeks of Truss’
tax-cuts proposal, and despite the fact that the Conservative Party was popular
enough to have led the country for more than a decade at that point, a full 77
percent of Britons said they disapproved of the government. The same poll
found 87 percent believed Truss and her team were handling the economy
badly.
The American mind cannot comprehend that degree of public
unanimity over a controversial policy plan announced by the ruling party’s
leader. In the United States, intense negative partisanship plus a steady diet
of right-wing “bubble” media would have given Truss a polling floor in the low
40s, I expect. Conservative MPs would have been terrified of ousting
her, not wanting to be seen by the base as having handed a scalp to the libs.
Right-wing voters would insist that they “fight” for her or else.
No wonder she digs the vibe at MAGA events like CPAC so
much.
Trump is in a bit of polling trouble over his
tariffs, as you’d expect, but it doesn’t begin to approach the backlash that
Truss faced. Days after “Liberation Day” tanked markets, Morning
Consult found support for tariffs down since December—but by only 8 points,
thanks to “steady” support from Republicans. YouGov recorded
a respectable-ish 43 percent job approval for the president on the strength
of 90 percent support from Republicans. And although “soft” Trump voters
are clearly getting antsy about the economy and prices, MAGA voters—the
diehards who show up for primaries—have remained rock
solid.
A meaningful segment of the American electorate simply
does not respond rationally anymore to negative feedback about their side’s
policies the way Britons did with Truss, and that segment is highly motivated
to punish party legislators who do. The saddest thing you’ll read today is this
Washington
Post story about Trump voters grasping for excuses to stick with the
president as he sets their savings on fire. One, in her mid-60s, saw her
pension fund drop by eight percent and contemplated having to delay retirement,
but no worries: “If this is what it takes to make other countries treat us
fair, then I am okay with that,” she told the paper.
What could someone like Senate Majority Leader John Thune
reasonably say to convince someone like her that “fairness” is a lot more
complicated than Trump has led her to believe?
Being a Republican lawmaker in 2025 means that if you
choose to act in the obvious best interests of your constituents and
your country yet defy the president’s wishes in doing so, all you’ll get for
your good deed is venomous vilification by your party’s activist class and its
millions of followers. Even if populist worms hadn’t eaten Mike
Lee’s brain, one can understand why he’s not interested in reintroducing
his 2017 bill to claw back presidential tariff powers, as The Dispatch’s
John McCormack reported
today. That way lies nothing but misery and professional hardship.
Why bother trying to save people from Trump who not only
don’t want to be saved, but will hate you for trying?
An ‘us problem.’
And so here we are, trapped in a crisis that risks a
recession or something worse by inane policies that a supermajority of House
and Senate members surely recognize as inane and destructive—yet they won’t
act. A critical mass of American voters in thrall to demagogic populism, whose
highest political priority is punishing any resistance to Donald Trump, has
raised the stakes of defiance such that Republican lawmakers hoping to protect
the country must choose political suicide in order to do so.
That’s not a “Trump problem.” That’s an “us problem.”
The civic and intellectual defects of populism will
endure after he’s gone. This is the week that markets began to price that
reality into American securities in earnest. Congress could act—but it won’t.
There’s not enough appetite in the United States for sane governance and too
much appetite for a crank’s rule-by-whim.
Speaking shortly before the U.S. presidential election
last year, a French
minister declared, “We cannot leave the security of Europe in the hands of
voters in Wisconsin every four years.” That’s haunting and correct. You cannot
base the stability of the global economic order or the defense of the Western
liberal order on a population that’s now roughly as likely to elect Tucker
Carlson president as it is Josh Shapiro.
The American people have become a risky bet. They’ll
either need to pay more to entice foreigners to invest in them going forward,
or they’ll need to learn to get used to less investment, but it’s one or the
other. The world no longer has confidence in us, and it shouldn’t. Elections
have consequences.
By the way: I’ll be off next week, returning on April 21.
No worries, though. I’m sure nothing will happen while I’m gone.
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