Trump’s outrage at the Supreme Court has all the hallmarks of performance. You would think he had been blindsided by an unforeseeable betrayal, rather than watching the final act of a legal drama that had been playing out in plain sight for months. Courts had already ruled that he lacked the authority to impose those tariffs under the emergency powers he claimed. His administration appealed, delayed, and carried on collecting the money anyway. The legal vulnerability was not hidden. It was the defining feature of the policy.
What turned this from a constitutional misstep into something far more revealing was what happened while those legally fragile tariffs were still in force. Companies paid billions. And Cantor Fitzgerald, the investment bank run by the sons of Trump’s Commerce Secretary, Howard Lutnick, who himself championed the tariffs, began offering those companies cash upfront in exchange for the rights to any eventual refund. This was not charity. It was a calculated investment. Cantor paid a discounted amount today and secured the legal right to collect the full refund later, as the courts eventually ordered. The difference would be their profit.
That calculation only made sense if they believed the tariffs were likely to collapse in court. No bank advances serious money unless its analysis tells it the odds are favourable. They were not betting on Trump winning. They were betting on him losing. The more likely the tariffs were to be struck down, the more valuable those refund rights became.
This transformed the illegality of the tariffs into a financial asset. The pool of money created by Trump’s legally questionable policy became something that could be bought and owned in advance. And here is where the structure becomes impossible to ignore. Trump imposed the tariffs. His Commerce Secretary defended them. His Commerce Secretary’s sons ran the bank buying the rights to profit when those tariffs were declared unlawful. The profit did not come from successful policy. It came from failed policy.
And the public ultimately pays for that failure. When the courts ruled the tariffs unlawful, the government became liable to refund the money. That refund comes from the US Treasury. And the Treasury is funded by taxpayers. The public pays first through higher prices while the illegal tariffs are in force, and then pays again when the government refunds the money. The intermediary keeps the margin.
This is where the incentive structure becomes deeply troubling. Trump did not divest from his financial interests. His political operation depends heavily on private funding, donations, and financial support from wealthy individuals and institutions. When policies create large pools of financial gain for those close to power, some of that financial gain can naturally flow back into the political ecosystem that created it. Not necessarily as a crude cash transfer, but through campaign donations, political funding, legal defence funds, and financial support structures that sustain political influence.
What makes Trump’s latest move even more revealing is that he has now imposed a new round of tariffs under Section 122 of the Trade Act, a provision that is explicitly temporary and lasts only a few months unless Congress approves it. This means that from the moment they are imposed, their permanence is uncertain. The money collected immediately becomes legally contingent, just as before. The same refund mechanism can arise. The same financial opportunities can be created. This is no longer a constitutional misstep. It is the recreation of a structure that converts legal uncertainty into financial profit.
In other words, policy creates profit. Profit sustains political power. Political power creates more policy.
Trump’s anger at the Supreme Court makes sense as theatre. But structurally, the tariffs had already served their financial purpose. They extracted billions. They created a pool of legally contingent money. They created an opportunity for those positioned correctly to profit from the legal correction. The judicial defeat did not erase that structure. It completed it.
This is why tariff authority belongs to Congress. Tariffs move enormous sums of money. When imposed without lawful authority, they do more than distort trade. They create financial opportunities tied directly to the restoration of legality itself. By the time the Supreme Court restored the constitutional boundary, the financial consequences had already been allocated.
Trump wants the public to see a president thwarted by judges.
What actually happened is simpler. His unlawful tariffs created a financial asset. Those closest to power bought the rights to profit from their collapse. And the public paid the bill.
To understand any of Trump's policies, they have to be framed through one simple lens - how does someone else's misery make profit for Trump, his family or his close associates? It's nothing to do with Make America Great Again, it's Make Trump Fabulously Wealthy.










