BRUSSELS — The U.S. must preserve and grow the dominance of its financial sector
worldwide, President Donald Trump argues in his new National Security Strategy.
The 33-page document is a rare formal explanation of Trump’s foreign policy
worldview by his administration, and can shape U.S. policy priorities.
“The United States boasts the world’s leading financial and capital markets,
which are pillars of American influence that afford policymakers significant
leverage and tools to advance America’s national security priorities,” the
document states.
“But our leadership position cannot be taken for granted,” it continues, calling
on America to leverage “our dynamic free market system and our leadership in
digital finance and innovation to ensure that our markets continue to be the
most dynamic, liquid, and secure and remain the envy of the world.”
The strategy lists the “world’s leading financial system and capital markets,
including the dollar’s global reserve currency status” as one of the U.S. key
levers of power.
Trump’s comments come as Europe looks to grow its own finance system to reduce
the continent’s dependence on Wall Street.
The EU has put forward a broad plan to boost its own finance industry by
strengthening its single market for investment, and it will draft policy plans
in the coming months aiming to boost its banks’ ability to compete globally.
It is also creating a digital version of the euro currency, which would reduce
its reliance on the dollar and on U.S. payment giants.
Tag - Wall Street
LONDON — Britain’s shortest-serving Prime Minister Liz Truss is launching her
own YouTube show. She wants it to be the home of a “counter-revolution.”
“The Liz Truss Show,” which launches Friday, will be a “bold new program in a
media landscape dominated by groupthink and timid consensus,” a press statement
announcing the show declared. She will be “taking the gloves off,” it added.
Truss, who spent just 49 days in office before being ousted by her own party,
has been active on the lucrative U.S. speech circuit since leaving office in
2022. She has repeatedly insisted the market crisis which triggered her downfall
was not her fault.
“The Deep State tried to destroy me but now I’m back and excited to launch this
show,” she said.
Truss is making the show with American journalist John Solomon’s Just the News
network. Episodes will be released each week on both video and audio platforms
including YouTube, Rumble and Spotify.
The ex-PM said: “People in Britain, America, and across the free world are
tired of being talked down to. They’re tired of experts who get everything
wrong, elites who refuse to listen, and weak leaders who won’t stand up for
Western values.”
After losing office, Truss wrote her memoir, which blamed the Bank of England,
Treasury and Office for Budget Responsibility watchdog for her economic woes.
The EU will on Thursday unveil plans to supercharge its finance industry,
tearing up swathes of rules in a bid to take on Wall Street.
The package, which is massive in scope and ambition, would amend at least 10
financial laws to crack down on protectionism and unclog the EU’s financial
plumbing.
But Brussels’ ambitions to create a U.S.-style financial market will reopen
political wounds, especially its plan to create a powerful EU watchdog for
financial markets. Despite the bloc’s urgent need for private investment,
progress could be bogged down by political divisions over the strategy.
“If we’re stuck in a never-ending discussion about how to organize supervision …
that will not take us closer to our objective,” Swedish Minister for Financial
Markets Niklas Wykman said.
The Commission’s overarching goal is to remove barriers to investment in the
bloc, allowing more money to flow to struggling businesses so the EU can better
keep up with economic powerhouses like the U.S. and China. With national budgets
under strain from a bruising pandemic and years of inflation, Brussels is hoping
to unlock €11 trillion in cash savings held by EU citizens in their bank
accounts to breathe life into the economy.
It plans to do that by breaking down technical barriers and busting
protectionism between the EU’s 27 national money markets, as well as by changing
rules that create national barriers to finance flows and by creating a powerful
EU watchdog for financial markets.
The EU’s finance chief, Maria Luís Albuquerque, who has led work on the revamp,
told POLITICO in an interview: “It’s going to be a difficult discussion, of
course, but these are the ones worth having, right?” | Dursun Aydemir/Anadolu
via Getty Images
Some capitals, though, view the proposal as a power grab and are determined to
keep oversight of financial markets at the national level. And there are other
tweaks in the package that will dredge up painful recent debates over issues
like crypto rules or trading data.
Countries are already warning that the Commission should keep its nose out of
their business. Sweden, the EU’s best-in-class country for financial markets,
has warned the EU executive not to interfere with any rules but instead to focus
on boosting the appetite of EU citizens to invest in products like stocks and
bonds, rather than parking their cash in savings accounts.
Supervision is “not the problem and it’s not the solution to the problem,”
Wykman told POLITICO.
Among other ideas the Commission was mulling ahead of the official publication —
according to documents seen by POLITICO — are a stronger EU-wide public ‘ticker
tape’ of trading data, an expanded pilot program for decentralized finance to
include all products and crypto firms, and a reduction in paperwork to make it
easier to sell investment funds across the EU.
The plans are sure to please some industry players, like stock exchanges or
central securities-depositary groups that operate in multiple EU countries. But
they will also inevitably be opposed by others, such as asset managers who are
reluctant to be subject to increased EU oversight, or stock exchanges that don’t
want to see their pricey trading data services undercut by a stronger public EU
ticker tape.
The technical shifts, plus the idea of an EU-wide watchdog, are ambitious but
are also reminders of how limited the Commission’s powers are compared those
deployed by EU countries at the national level.
The Commission can’t make game-changing reforms in areas like national pensions,
taxation or insolvency law for businesses, all of which are major obstacles to a
single money market. Nor will many national governments spend the political
capital needed to make domestic reforms for the sake of the EU economy.
Nonetheless, the Commission is sticking to its guns. The EU’s finance chief,
Maria Luís Albuquerque, who has led work on the revamp, told POLITICO in an
interview: “It’s going to be a difficult discussion, of course, but these are
the ones worth having, right?”
Businesses from Wall Street to main street are struggling to comply with
President Donald Trump’s byzantine tariff regime, driving up costs and
counteracting, for some, the benefits of the corporate tax cuts Republicans
passed earlier this year.
Trump has ripped up the U.S. tariff code over the past year, replacing a
decades-old system that imposed the same tariffs on imports from all but a few
countries with a vastly more complicated system of many different tariff rates
depending on the origin of imported goods.
To give an example, an industrial product that faced a mostly uniform 5 percent
tariff rate in the past could now be taxed at 15 percent if it comes from the EU
or Japan, 20 percent from Norway and many African countries, 24 to 25 percent
from countries in Southeast Asia and upwards of 50 percent from India, Brazil or
China.
“This has been an exhausting year, I’d say, for most CEOs in the country,” said
Gary Shapiro, CEO and vice chair of the Consumer Technology Association, an
industry group whose 1,300 member companies include major brands like Amazon,
Walmart and AMD, as well as many small businesses and startups. “The level of
executive time that’s been put in this has been enormous. So instead of focusing
on innovation, they’re focusing on how they deal with the tariffs.”
Upping the pressure, the Justice Department has announced that it intends to
make the prosecution of customs fraud one of its top priorities.
The proliferation of trade regulations and threat of intensified enforcement has
driven many companies to beef up their staff and spend what could add up to tens
of millions of dollars to ensure they are not running afoul of Trump’s
requirements.
The time and expense involved, combined with the tens of billions of dollars in
higher tariffs that companies are paying each month to import goods, amount to a
massive burden that is weighing down industries traditionally reliant on
imported products. And it’s denting, for some, the impact of the hundreds of
billions of dollars of tax cuts that companies will receive over the next decade
via the One Big Beautiful Bill Act championed by the White House.
“Every CEO survey says this is their biggest issue,” said Shapiro.
A recent survey by KPMG, a professional services firm, found 89 percent of CEOs
said they expect tariffs to significantly impact their business’ performance and
operations over the next three years, with 86 percent saying they expect to
respond by increasing prices for their goods and services as needed.
Maytee Pereira, managing director for customs and international trade at
PriceWaterhouseCoopers, another professional services firm, has seen a similar
trend. “Many of our clients have been spending easily 30 to 60 percent of their
time having tariff conversations across the organization,” Pereira said.
That’s forced CEOs to get involved in import-sourcing decisions to an
unprecedented degree and intensified competition for personnel trained in
customs matters.
“There’s a real dearth of trade professionals,” Pereira said. “There isn’t a day
that I don’t speak to a client who has lost people from their trade teams,
because there is this renewed need for individuals with those resources, with
those skill sets.”
But the impact goes far beyond a strain on personnel into reducing the amount of
money that companies are willing to spend on purchasing new capital equipment or
making other investments to boost their long-term growth.
“People are saying they can’t put money into R&D,” said one industry official,
who was granted anonymity because of the risk of antagonizing the Trump
administration. “They can’t put money into siting new factories in the United
States. They don’t have the certainty they need to make decisions.”
A White House spokesperson did not respond to a request for comment. However,
the administration has previously defended tariffs as key to boosting domestic
manufacturing, along with their overall economic agenda of tax cuts and reduced
regulation.
They’ve also touted commitments from companies and other countries for massive
new investments in the U.S. in order to avoid tariffs, although they’ve
acknowledged it will take time for the benefits to reach workers and consumers.
“Look, I would have loved to be able to snap my fingers, have these facilities
going. It takes time,” Treasury Secretary Scott Bessent said in an interview
this week on Fox News. “I think 2026 is going to be a blockbuster year.”
For some companies, however, any benefit they’ve received from Trump’s push to
lower taxes and reduce regulations has been substantially eroded by the new
burden of complying with his complicated tariff system, said a second industry
official, who was also granted anonymity for the same reason.
“It is incredibly complex,” that second industry official said. “And it keeps
changing, too.”
Matthew Aleshire, director of the Milken Institute’s Geo-Economics Initiative,
said he did not know of any studies yet that estimate the overall cost, both in
time and money, for American businesses to comply with Trump’s new trade
regulations. But it appears substantial.
“I think for some firms and investors, it may be on par with the challenges
experienced in the early days of Covid. For others, maybe a little less so. And
for others, it may be even more complex. But it’s absolutely eating up or taking
a lot of time and bandwidth,” Aleshire said.
The nonpartisan think tank’s new report, “Unintended Consequences: Trade and
Supply Chain Leaders Respond to Recent Turmoil,” is the first in a new series
exploring how companies are navigating the evolving trade landscape, he said.
One of the main findings is that it has become very difficult for companies to
make decisions, “given the high degree of uncertainty” around tariff policy,
Aleshire said.
Trump’s “reciprocal” tariffs — imposed on most countries under a 1977 emergency
powers act that is now being challenged in court — start at a baseline level of
10 percent that applies to roughly 100 trading partners. He’s set higher rates,
ranging from 15 to 41 percent, on nearly 100 others, including the 27-member
European Union. Those duties stack on top of the longstanding U.S. “most-favored
nation” tariffs.
Two notable exceptions are the EU and Japan, which received special treatment in
their deals with Trump.
Companies also could get hit with a 40 percent penalty tariff if the Trump
administration determines an item from a high-tariffed country has been
illegally shipped through a third country — or assembled there — to obtain a
lower tariff rate. However, businesses are still waiting for more details on how
that so-called transshipment provision, which the Trump administration outlined
in a summer executive order, will work.
The president also has hit China, Canada and Mexico with a separate set of
tariffs under the 1977 emergency law to pressure those countries to do more to
stop shipments of fentanyl and precursor chemicals from entering the United
States.
Imports from Canada and Mexico are exempt from the fentanyl duties, however, if
they comply with the terms of the U.S.-Mexico-Canada Agreement, a trade pact
Trump brokered in his first term. That has spared most goods the U.S. imports
from its North American neighbors, but also has forced many more companies to
spend time filling out paperwork to document their compliance.
Trump’s increasingly baroque tariff regime also includes the “national security”
duties he has imposed on steel, aluminum, autos, auto parts, copper, lumber,
furniture and heavy trucks under a separate trade law.
But the administration has provided a partial exemption for the 25 percent
tariffs he has imposed on autos and auto parts, and has struck deals with the
EU, Japan and South Korea reducing the tariff on their autos to 15 percent.
In contrast, Trump has taken a hard line against exemptions from his 50 percent
tariffs on steel and aluminum, and recently expanded the duties to cover more
than 400 “derivative” products, such as chemicals, plastics and furniture, that
contain some amount of steel and aluminum or are shipped in steel and aluminum
containers.
And the administration is not stopping there, putting out a request in
September for further items it can add to the steel and aluminum tariffs.
“This is requiring companies that do not even produce steel and aluminum
products to keep track of and report what might be in the products that they’re
importing, and it’s just gotten incredibly complicated,” one of the industry
officials granted anonymity said.
That’s because companies need to precisely document the amount of steel or
aluminum used in a product to qualify for a tariff rate below 50 percent.
“Any wrong step, like any incorrect information, or even delay in providing the
information, risks the 50 percent tariff value on the entire product, not just
on the metal. So the consequence is really high if you don’t get it right,” the
industry official said.
The administration has also signaled plans to similarly expand tariffs for other
products, such as copper.
And the still unknown outcomes of ongoing trade investigations that could lead
to additional tariffs on pharmaceuticals, semiconductors, critical minerals,
commercial aircraft, polysilicon, unmanned aircraft systems, wind turbines,
medical products and robotics and industrial machinery continue to make it
difficult for many companies to plan for the future.
Small business owners say they feel particularly overwhelmed trying to keep up
with all the various tariff rules and rates.
“We are no longer investing into product innovation, we’re not investing into
new hires, we’re not investing into growth. We’re just spending our money trying
to stay afloat through this,” said Cassie Abel, founder and CEO of Wild Rye, an
Idaho company which sells outdoor clothing for women, during a virtual press
conference with a coalition of other small business owners critical of the
tariffs.
Company employees have also “spent hundreds and hundreds and hundreds of hours
counter-sourcing product, pausing production, restarting production, rushing
production, running price analysis, cost analysis, shipping analysis,” Abel
said. “I spent zero minutes on tariffs before this administration.”
In one sign of the duress small businesses are facing, they have led the charge
in the Supreme Court case challenging Trump’s use of the 1977 International
Emergency Economic Powers Act to impose both the reciprocal and the
fentanyl-related tariffs.
Crutchfield Corp., a family-owned electronics retailer based in Charlottesville,
Virginia, filed a “friend of the court” brief supporting the litigants in the
case, in which the owners detailed its difficulties in coping with Trump’s
erratic tariff actions.
“If tariffs can be imposed, increased, decreased, suspended or altered … through
the changing whim of a single person, then Crutchfield cannot plan for the short
term, let alone the long run,” the company wrote in its brief, asking “the Court
to quell the chaos.”
President Donald Trump on Friday directed Attorney General Pam Bondi and the FBI
to investigate links between Jeffrey Epstein and notable Democrats, the
president’s latest attempt to deflect scrutiny over his connections to the late
disgraced financier by focusing on his political opponents.
In a social media post, Trump pushed Bondi to target former President Bill
Clinton, Democratic megadonor Reid Hoffman and former Harvard President Larry
Summers, who served in senior positions in both the Clinton and Obama
administrations, along with the bank JPMorgan Chase.
“This is another Russia, Russia, Russia Scam, with all arrows pointing to the
Democrats. Records show that these men, and many others, spent large portions of
their life with Epstein, and on his ‘Island,’” he wrote. “Stay tuned!!!” None of
the Democrats named by Trump have been accused by prosecutors of wrongdoing.
Bondi quickly assigned Manhattan U.S. Attorney Jay Clayton, who heads the office
that prosecuted Epstein and won the conviction of his co-conspirator Ghislaine
Maxwell, to run point on the probe.
“Thank you, Mr. President,” Bondi wrote. “SDNY U.S. Attorney Jay Clayton is one
of the most capable and trusted prosecutors in the country, and I’ve asked him
to take the lead. As with all matters, the Department will pursue this with
urgency and integrity to deliver answers to the American people.”
Clayton, however, may be hamstrung in his efforts to further investigate
Epstein’s sex-trafficking operation. In July, the Trump administration fired one
of the last remaining prosecutors in the Manhattan office who worked on the
Epstein and Maxwell cases: Maurene Comey.
Comey, the daughter of former FBI Director James Comey, wasn’t provided an
explanation for her firing, and she is suing the Trump administration over her
termination.
The White House has spent much of the week struggling to contain the fallout
after Democrats on the House Oversight Committee on Wednesday released emails in
which Epstein said Trump “knew about the girls” without providing further
evidence. Trump and his allies have denied that he knew about Epstein’s crimes,
and no evidence has suggested that Trump took part in Epstein’s trafficking
operation.
Epstein killed himself in jail while awaiting trial on sex-trafficking charges
in 2019.
Administration officials have argued that Democrats dropped the emails to
distract from Republicans’ success in ending a record-long government shutdown
and that none of them incriminate the president.
Also this week, Reps. Thomas Massie (R-Ky.) and Ro Khanna (D-Calif.) succeeded
in triggering a discharge petition to force a vote in the House on the release
of all the Epstein files. Senior GOP officials believe that dozens of House
Republicans could join Democrats in voting for the disclosure bill.
Trump and Epstein were friends, but the president has maintained for years the
two had a falling out decades ago and has repeatedly denied any wrongdoing
associated with Epstein.
“Some Weak Republicans have fallen into their clutches because they are soft and
foolish,” Trump wrote in another Truth Social post Friday. “Epstein was a
Democrat, and he is the Democrat’s problem, not the Republican’s problem!”
Trish Wexler, head of policy and advocacy communications for JPMorgan Chase,
said in an email Friday that “the government had damning information about
[Epstein’s] crimes and failed to share it with us or other banks.”
“We regret any association we had with the man, but did not help him commit his
heinous acts,” she said. “We ended our relationship with him years before his
arrest on sex trafficking charges.”
The Department of Justice pointed to Bondi’s post on X when asked for more
information about any steps it is taking to comply with Trump’s request.
Representatives for Clinton and Summers did not immediately reply to requests
for comment.
Hoffman denied having a relationship with Epstein beyond solicitations for
donations revealed in the emails released by Oversight Democrats, and called on
Trump to release all files connected to the Epstein investigation.
“I want this complete release because it will show that the calls for baseless
investigations of me are nothing more than political persecution and slander,”
Hoffman wrote on X.
At least one House Republican was critical of Trump’s call for an investigation.
Retiring Rep. Don Bacon (R-Neb.) — who indicated earlier this week that he’d
vote in favor of the House bill demanding the DOJ release the Epstein files —
said he doesn’t think Trump’s ask is “appropriate,” saying the Justice
Department shouldn’t act on cases because of pressure from the White House.
“We should leave the DOJ and make them as independent as we can,” he told CNN on
Friday. “When the president gives orders to Pam Bondi and our law enforcement
arms of the federal government — what it does is it undercuts the credibility of
our law enforcement.”
JPMorgan Chase, the country’s largest bank, did business with Epstein for many
years, including lending money to the financier and helping to move his assets
overseas. The bank ended its association with Epstein in 2013 and in 2019, it
filed a suspicious activity report regarding Epstein and his associates’
transactions. Senate Democrats recently opened a new line of inquiry into the
bank regarding its association with Epstein.
The bank has previously expressed regret for its involvement with Epstein, and
has emphasized that it did not have knowledge of his illegal activities.
JPMorgan Chase settled lawsuits in 2023 with the U.S. Virgin Islands, where
Epstein had a compound, and with some of Epstein’s victims.
JPMorgan Chase CEO Jamie Dimon was among a coterie of Wall Street executives who
met with the president for dinner earlier this week. He has previously said that
he would comply with an Epstein subpoena.
Aiden Reiter, Faith Wardwell and Aaron Pellish contributed to this report.
U.S. President Donald Trump said he plans to sue the BBC for up to $5
billion over a misleading edit of his speech, after the
broadcaster apologised but declined to compensate him.
“We’ll sue them for anywhere between $1 billion and $5 billion, probably
sometime next week,” Trump told reporters aboard Air Force One Friday
evening. “We have to do it.”
The BBC conceded on Thursday that edited footage of Trump’s Jan. 6, 2021,
speech on its Panorama documentary program had unintentionally created “the
mistaken impression that President Trump had made a direct call for violent
action,” and said the segment would not be aired again.
While Britain’s state broadcaster apologized to the president for the way it
edited his speech, it said it would not offer financial compensation, as Trump
has demanded. Two of the BBC’s top executives, Director General Tim Davie
and its news chief, Deborah Turness, resigned over the incident and accusations
of biased coverage. BBC chair Samir Shah sent a personal apology Thursday to the
White House.
Trump has launched a flurry of lawsuits against publications and media companies
he has accused of being unfriendly and defamatory, including the New York Times,
the Wall Street Journal, ABC and Paramount. In July, Paramount agreed to
settle a $20 billion lawsuit filed by Trump over an interview with former Vice
President Kamala Harris on CBS news program “60 Minutes” that the president said
was deceptively edited, paying him $16 million.
The crux of Trump’s BBC complaint is a segment in which footage in the Panorama
show was selectively edited to suggest, incorrectly, that the U.S. president had
told supporters: “We’re going to walk down to the Capitol and I’ll be there with
you, and we fight. We fight like hell.”
The words were in fact spliced from sections of the speech almost an hour apart,
and omitted a section in which Trump had said he wanted supporters “to
peacefully and patriotically make your voices heard.”
L’uomo che aveva previsto la crisi dei mutui subprime chiude il suo hedge fund.
Una mossa che arriva dopo aver avvisato che le valutazioni dei titoli azionari
stanno diventando sconnesse dei fondamentali. Michael Burry, il celebre
finanziere immortalato nel film La Grande Scommessa, sta chiudendo il suo fondo
Scion Asset Management.
L’hedge fund di Burry, re di coloro che scommettono “contro” i mercati, ha
smesso di essere registrato presso gli enti regolatori statunitensi, secondo il
database della Sec, la Consob americana, secondo quanto riferisce il Financial
Times. Burry ha inviato ai suoi investitori una lettera in cui ha detto che
liquiderà i fondi e restituirà il capitale entro la fine dell’anno: “La mia
stima del valore dei titoli non è ora, ma lo è da tempo, non in linea con i
mercati”, si legge nella missiva datata 27 ottobre.
La decisione di chiudere Scion Asset management arriva mentre tra gli
investitori serpeggia il nervosismo per una possibile bolla legata alle
valutazioni stellari raggiunte dai titoli legati all’intelligenza artificiale.
Lo stesso Burry, una decina di giorni fa, aveva spostato buona parte del suo
portafoglio scommettendo al ribasso. Era seguita la peggior performance
settimanale di Wall Street dalla scorsa primavera, quando Donald Trump ha
iniziato la sua guerra commerciale.
L'articolo Michael Burry (La Grande Scommessa) chiude il suo fondo dopo
l’allarme bolla dell’intelligenza artificiale proviene da Il Fatto Quotidiano.
LONDON — Donald Trump’s war against the media has gone international.
Britain’s public service broadcaster has until 10 p.m. U.K. time on Friday to
retract a 2024 documentary that he claims did him “overwhelming financial and
reputational harm” — or potentially face a $1 billion lawsuit (nearly £760
million).
It’s the U.S. president’s first notable battle with a non-American media
organization. The escalation from Trump comes as the BBC is already grappling
with the double resignations this past weekend of two top executives, Director
General Tim Davie and news CEO Deborah Turness, amid the growing furor sparked
by the release last week of an internal ombudsman’s report criticizing the Trump
program as well as the BBC’s coverage of the Gaza war.
Trump told Fox News he believes he has “an obligation” to sue the corporation
because “they defrauded the public” and “butchered” a speech he gave.
POLITICO walks you through the possible road ahead — and the potential pitfalls
on both sides of the Atlantic.
WHY IS TRUMP THREATENING TO SUE?
The U.S. president is objecting to the broadcaster’s reporting in a documentary
that aired on Panorama, one of the BBC’s flagship current affairs shows, just
days before the U.S. presidential election.
The program included footage from Trump’s speech ahead of the Jan. 6, 2021
Capitol riot, which was selectively edited to suggest, incorrectly, that he told
supporters: “We’re going to walk down to the Capitol and I’ll be there with you,
and we fight. We fight like hell.”
But those lines were spoken almost an hour apart, and the documentary did not
include a section where Trump called for supporters “to peacefully and
patriotically make your voices heard.”
“I really struggle to understand how we got to this place,” former BBC legal
affairs correspondent Clive Coleman told POLITICO. “The first lesson almost
you’re taught as a broadcast journalist is that you do not join two bits of
footage together from different times in a way that will make the audience think
that it is one piece of footage.”
The U.S. president’s legal team claimed the edit on the footage was “false,
defamatory, disparaging, and inflammatory” and caused him “to suffer
overwhelming financial and reputational harm.”
BBC Chair Samir Shah apologized on Monday for the “error of judgment” in the
edit. Trump’s lawyers said in their letter that they want a retraction, an
apology and appropriate financial compensation — though their client’s
subsequent comments suggest that may not satisfy him at this point.
DO TRUMP’S CLAIMS STAND A CHANCE?
Trump’s lawyers indicated in their letter that he plans to sue in Florida, his
home state, which has a two-year statute of limitations for defamation rather
than the U.K.’s one-year limit — which has already passed.
The U.S. president is objecting to the broadcaster’s reporting in a documentary
that aired on Panorama, one of the BBC’s flagship current affairs shows, just
days before the U.S. presidential election. | Chip Somodevilla/Getty Images
To even gain a hearing, the U.S. president would first need to prove the
documentary was available there. The broadcaster confirmed the Panorama episode
was not shown on the global feed of the BBC News Channel, while programs on
iPlayer, the BBC’s catchup service, were only available in the U.K.
The Trump team’s letter to the BBC, however, claimed the clip was “widely
disseminated throughout various digital mediums” reaching tens of millions of
people worldwide — a key contention that would need to be considered by any
judge deciding whether the case could be brought.
U.S. libel laws are tougher for claimants given that the U.S. Constitution’s
First Amendment guarantees the right to free speech. In U.S. courts, public
figures claiming to have been defamed also have to show the accuser acted with
“actual malice.”
The legal meaning doesn’t require animosity or dislike, but instead an intent to
spread false information or some action in reckless disregard of the truth — a
high burden of proof for Trump’s lawyers.
American libel standards tend to favor publishers more than those in Britain, so
much so that in recent decades public figures angry about U.S. news reports have
often opted to file suit in the U.K. That trend even prompted a 2010 U.S. law
aimed at reining in so-called libel tourism.
Yet Trump’s legal team is signaling it will argue that since the full video of
Trump’s 2021 speech was widely available to the BBC, the editing itself amounted
to reckless disregard and, therefore, actual malice.
BBC Chair Samir Shah apologized on Monday for the “error of judgment” in the
edit. | Henry Nicholls/AFP via Getty Images
“The BBC’s reckless disregard for the truth underscores the actual malice behind
the decision to publish the wrongful content, given the plain falsity of the
statements,” his lawyers wrote.
However, a court battle wouldn’t be without risks for Trump. Prateek Swaika, a
U.K.-based partner with Boies Schiller Flexner, said pursuing litigation “could
force detailed examination and disclosure in connection” with Trump’s Jan. 6
statements — potentially creating “more reputational damage than the original
edit.”
COULD THE BBC SETTLE?
Trump has a long history of threatening legal action, especially against the
press, but has lately had success in reaching out-of-court agreements with media
outlets — including, most notably, the U.S. broadcasters ABC and CBS.
Trump’s latest claim is the flipside of his $20 billion suit against CBS’s “60
Minutes” over an interview with then-Vice President and Democratic presidential
nominee Kamala Harris, which Trump claimed was deceptively edited to make Harris
look good and therefore amounted to election interference.
CBS settled for $16 million in July, paying into a fund for Trump’s presidential
library or charitable causes, though the network admitted no wrongdoing. The
settlement came as CBS’ parent company, Paramount, was pursuing a corporate
merger that the Trump administration had the power to block — and after Trump
publicly said he thought CBS should lose its broadcast license, which is also
granted by the federal government.
The president doesn’t hold that same sway over the BBC, though the organization
does have some U.S.-based commercial operations. Some news organizations have
also opted to fight rather than settle past Trump claims, including CNN, the New
York Times and the Wall Street Journal.
Some news organizations have opted to fight rather than settle past Trump
claims, including CNN, the New York Times and the Wall Street Journal. | Kevin
Dietsch/Getty Images
“Litigation is always a commercial decision and it’s a reputational decision,”
said Coleman, suggesting settlement talks may look appealing compared to
fighting a case that could “hang over the heads of the BBC for many, many years,
like a dark cloud.”
COULD THE BRITISH GOVERNMENT STEP IN?
Despite the BBC’s standing as a state broadcaster, the Labour government has so
far taken a hands-off approach, perhaps unsurprisingly given Prime Minister Keir
Starmer’s ongoing efforts to woo Trump on trade.
No. 10 said on Tuesday that the lawsuit threat was a matter for the BBC, though
Starmer subsequently reiterated his support for it generally.
“I believe in a strong and independent BBC,” Starmer said at prime minister’s
questions Wednesday. “Some would rather the BBC didn’t exist … I’m not one of
them.”
Perhaps eager to stay in Trump’s good books, the PM’s ministers have also
avoided attacking the president and instead walked a diplomatic tightrope by
praising the BBC in more general terms.
Culture Secretary Lisa Nandy on Tuesday reiterated the government’s vision of
the BBC as a tool of soft power.
The BBC documentary did not include a section where Trump called for supporters
“to peacefully and patriotically make your voices heard.” | Brendan
Smialowski/Getty Images
“At a time when the line between fact and opinion, and between news and polemic,
is being dangerously blurred, the BBC stands apart,” Nandy told MPs Tuesday. “It
is a light on the hill for people here and across the world.”
WHO WOULD FUND ANY PAYOUT?
The BBC is funded by the country’s license fee, which requires any household
that has a TV or uses BBC iPlayer to pay £174.50 a year (some people are exempt
from paying). In the year ending March 2025, this accounted for £3.8 billion of
the corporation’s overall £5.9 billion in income. The remaining £2 billion came
from activities including commercial ventures.
Any licence fee revenue that funded a settlement with Trump would likely go down
very poorly as a political matter, given looming tax increases in the U.K. as
well as the U.S. president’s significant unpopularity with British voters.
The corporation lost a €100,000 (£88,000) libel case earlier this year against
former Sinn Féin President Gerry Adams after a Dublin jury found the broadcaster
falsely connected him to a 2006 Irish Republican Army killing, showing there is
a precedent for politicians winning cases.
Responding to a question as to whether license fee payers would fund any legal
sum, Starmer said Wednesday: “Where mistakes are made, they do need to get their
house in order and the BBC must uphold the highest standards, be accountable and
correct errors quickly.”
Singer Cliff Richard also received £210,000 in damages and around £2 million in
legal costs from the BBC in 2019 over a privacy case, though those payments were
within the scope of its legal insurance.
MIGHT AN ALTERNATIVE PAYMENT WORK?
The BBC has paid damages to a foreign head of state before, including
compensating then-Ukrainian President Petro Poroshenko in 2019 for an incorrect
report. But Trump technically faces rules on accepting foreign payments.
There’s every chance that a settlement to Trump could pass through another
vehicle, as the with the CBS agreement. ABC’s settlement involved $15 million to
a Trump-related foundation alongside $1 million for his legal fees.
Trump’s former attorney Alan Dershowitz suggested just that on Tuesday, saying
if the corporation made a “substantial” contribution to a charity “that’s
relevant to the president might put this thing behind them.”
The looming Supreme Court showdown over President Donald Trump’s tariffs amounts
to an epic clash between two of the most deeply ingrained tenets of the
conservative legal movement.
The first is that presidents need and are entitled to extreme deference on
matters of national security and foreign policy. That precept suggests the six
conservative justices may be willing to uphold Trump’s unprecedented move to
bypass Congress and unilaterally impose sweeping global tariffs.
On the other hand, an indisputable hallmark of the Roberts court is a deep
mistrust for government meddling in the free market. That ideological
predilection, which has fueled a slew of pro-business, anti-regulatory rulings,
could prompt the court’s conservatives to view Trump’s tariffs more skeptically
than they view many of his other, non-economic policies.
“I think that some of the justices that matter are going to feel a bit torn,”
said Jonathan Adler, a professor at William and Mary Law School. “What’s
interesting here is that this case requires some of the conservative justices to
confront a conflict between different strands of their own jurisprudence.”
In the case set for oral arguments Wednesday, Trump is asking the justices to
overturn lower-court decisions that declared many of the tariffs — the
centerpiece of Trump’s economic agenda — an illegal overreach. The lower courts
found that a 1977 law, the International Emergency Economic Powers Act, did not
authorize the president to impose such broad tariffs.
FOREIGN RELATIONS AND THE KAVANAUGH FACTOR
Lurking just below the surface in the case is a key dynamic: Should Trump’s
tariffs be treated as a garden-variety economic policy, or are they a core part
of the president’s management of international relations and national security?
“How this case comes out will depend in large part on what the frame or the lens
on it is,” said Vikram Amar, a law professor at the University of California at
Davis. “Is this a case about unbridled, unauthorized — at least not explicitly
authorized — broad executive authority, or is this a case about presidential
ability to discharge foreign affairs and national security responsibilities?”
That question could be most acute for Justice Brett Kavanaugh, whose public
appearances frequently include an account of his searing experiences working in
President George W. Bush’s White House after 9/11.
Kavanaugh is often the high court’s most outspoken voice for the president’s
need for flexibility and dexterity in response to international challenges. But
he is also highly skeptical of government power in the economic realm.
A year before Trump nominated him to the Supreme Court, Kavanaugh declared his
fealty to the conservative theory known as the “major questions doctrine” — the
notion that courts should block executive branch actions of widespread impact
when their legal basis is ambiguous.
Staking out his position in a case involving net neutrality rules, Kavanaugh
said he saw the doctrine applying to “a narrow class of cases involving major
agency rules of great economic and political significance.”
“If an agency wants to exercise expansive regulatory authority over some major
social or economic activity … an ambiguous grant of statutory authority is not
enough,” Kavanaugh wrote. “Congress must clearly authorize an agency to take
such a major regulatory action.”
Under this sort of test, the widespread tariffs Trump implemented would be on
shaky legal ground because the 1977 law at issue, known as IEEPA, does not
expressly empower the president to enact tariffs.
However, just four months ago, Kavanaugh emphasized that the court’s skepticism
about legally dubious executive branch actions has an important limit.
“The major questions canon has not been applied by this Court in the national
security or foreign policy contexts. … The canon does not translate to those
contexts because of the nature of Presidential decisionmaking in response to
ever-changing national security threats and diplomatic challenges,” he wrote
in a solo concurring opinion in a case about funding to improve internet and
phone service for low-income and rural Americans.
TRUMP CLAIMS TARIFF POWER
Trump announced his sweeping, worldwide “Liberation Day” tariffs in April,
hitting nearly every country in the world with a minimum 10 percent tariff and
including rates reaching 50 percent on some nations. The president claimed the
authority to impose the tariffs under IEEPA, which Congress passed to try to
rein in broader powers granted by a predecessor statute.
IEEPA gives the president the right to “regulate … importation” of items from
foreign countries during a presidentially declared national emergency. It’s
fairly clear that in such an emergency the president has the power to put an
embargo on foreign individuals or particular foreign countries.
The administration contends that broader power to regulate and prohibit imports
implies the related power to impose import taxes better known as tariffs, but
opponents of Trump’s move say Congress knew how to confer that power on the
president if it wanted to do so.
“Nowhere does it say tariffs, taxes, duties,” noted Elizabeth Goitein, who
studies emergency powers at New York University’s Brennan Center.
A federal appeals court ruled, 7-4, in August that Trump’s broad tariffs
exceeded his authority under IEEPA. However, the Federal Circuit’s majority
stopped short of saying the law could never be used to impose more targeted
tariffs.
WATCHING THE COURT’S CENTER
Many experts consider Kavanaugh likely to lean toward blessing the tariffs,
although his vote isn’t a sure thing. Justices Clarence Thomas, Samuel Alito and
Neil Gorsuch are thought by court watchers to be even more likely to uphold the
tariffs. Assuming the three liberal justices vote against the administration,
that leaves Chief Justice John Roberts and Justice Amy Coney Barrett in play,
although under that scenario both Roberts and Barrett would have to join the
liberals to assemble enough votes to strike down the tariffs.
“The center of the court is going to be especially interesting to watch,” Roman
Martinez, a former law clerk to Kavanaugh and Roberts, said during a discussion
at Georgetown Law.
“I think this case will probably split the conservatives,” said Cary Coglianese,
a University of Pennsylvania law school professor who specializes in
administrative law and regulatory processes.
Among the liberal justices, the Trump administration’s strongest prospect for
support in the tariffs cases may be Obama appointee Elena Kagan. Like Kavanaugh,
she saw presidential decisionmaking up close in White House jobs, although hers
were under President Bill Clinton.thathis travel ban policy. That seemed to show
deference to the president’s need for flexibility, although she joined the
court’s liberal wing in dissent six months later when the court issued a final,
5-4 ruling upholding the travel ban.
‘THE STAKES IN THIS CASE COULD NOT BE HIGHER’
Some court watchers say the conservative justices, including Trump’s three high
court appointees, could be hesitant to rule against Trump on an issue so central
to his policy agenda. Just as many saw politics at work in the Supreme Court’s
2012 decision to leave a key part of President Barack Obama’s signature health
care law in place, the justices might decide not to provoke the political fury
that would be unleashed by striking down the tariffs.
“This, along with ICE and immigration … is the paramount domestic policy
initiative of this president,” said Donald Verrilli, who served as solicitor
general under Obama. “One way of thinking about this is that the justices who
are going to determine the outcome of this case feel like they need a really
pretty strong case on the legal merits before they’re going to decide to cross
swords with the president.”
The tariffs case also comes to the court amid an extraordinary winning streak
for Trump and his policies. Since January, Trump has brought an unprecedented
number of emergency appeals to the justices and has prevailed in more than 20 of
them, freeing his hand to gut foreign aid, fire leaders of federal agencies, and
strip hundreds of thousands of immigrants of deportation protections.
Trump and his administration have sought to keep that streak going by painting a
potential defeat for his tariff policy as so cataclysmic that the justices would
be ill-advised to take that risk.
Trump warned on the eve of the arguments that the case “is, literally, LIFE OR
DEATH for our Country.”
Trump’s lawyers have also pushed the rhetorical envelope. The Trump
administration’s formal plea to the high court to take up the tariff case turned
heads in the legal community by including language so hyperbolic that it seemed
designed to remind the justices of the intense retort they are certain to
receive from Trump if they rule against him.
“The stakes in this case could not be higher,” Solicitor General D. John Sauer
wrote. “The President and his Cabinet officials have determined that the tariffs
are promoting peace and unprecedented economic prosperity, and that the denial
of tariff authority would expose our nation to trade retaliation without
effective defenses and thrust America back to the brink of economic
catastrophe.”
THE WALL STREET JOURNAL EFFECT
That sort of apocalyptic verbiage is a rarity in Justice Department filings with
the high court. While the justices will likely be reluctant to mount a direct
challenge to those sorts of presidential predictions, the administration’s
sky-is-falling claims could actually prompt some of the court’s conservatives to
give Trump less running room, lawyers who practice before the court said.
Even as the legal challenges have been playing out, Trump has raised doubts
about whether the tariffs his imposed are a response to bona fide emergencies or
more mundane concerns. Last month, Trump declared he was imposing an additional
10 percent tariff on Canada to express his irritation at a TV advertisement the
province of Ontario aired showcasing President Ronald Reagan’s opposition to
tariffs.
“If the justices think that these assertions are kind of pretextual, I think
that could shape their thinking about the other more purely legal issues in the
case,” said Martinez, who authored an amicus brief for the Chamber of Commerce
opposing the tariffs. “It could … bring into sharp relief in their eyes the
dangers of giving the president this broad authority to impose tariffs. So,
that’s a dynamic that could play out, as well.”
Another factor undercutting the potential political blowback the court could
receive from voiding the Trump tariffs: Most of the Republican establishment is
profoundly unenthusiastic about them. Even some Trump backers might quietly
celebrate a court ruling preventing the kind of broad-based tariffs the
president announced in April.
For decades, liberals and many legal academics have argued that the Roberts
court is beholden to business interests, delivering a broad blow to the power of
federal government agencies to regulate businesses, reining in federal authority
to prevent development on environmental grounds and weakening federal
enforcement of securities laws.
If one subscribes to the notion that the opinions of some billionaires hold
outsized sway at the court, well-heeled business people and investors have been
sharply negative about the tariffs, although the markets have shrugged them off
at least for now.
“Tariffs are taxes,” one of many Wall Street Journal editorials skewering
Trump’s tariffs declared. “If he can impose a tax on any imported product any
time he wants, he really has the power of a king.”
In short, while a ruling against the tariffs would surely infuriate Trump, it
wouldn’t do much if anything to hurt the conservative justices’ standing in
their legal, political and social circles.
A RULING AGAINST HIM WOULDN’T LEAVE TRUMP WITHOUT TOOLS
If the justices are looking for some sort of middle ground on tariffs or are
divided in a way that makes an up-or-down ruling on Trump’s powers infeasible,
they have a couple of options.
The court could reject Trump’s broadest and most extreme tariffs, while
highlighting his options under laws other than IEEPA. Many legal experts have
pointed to powers Congress gave the president in 1974 to put quotas on imports
and impose tariffs of up to 15 percent “to deal with large and serious United
States balance-of-payments deficits,” a concept that trade specialists say
encompasses trade deficits.
Those experts argue that Congress’ decision to pass that law, known as the Trade
Act, undercuts Trump’s arguments that he should be able to use IEEPA to address
the trade deficit problem.
However, the Trade Act comes with clear limits, declaring that those tariffs and
trade restrictions must be “temporary” and last no longer than five months,
unless Congress extends them. That may not represent enough of a cudgel for the
Trump administration to use in talks with foreign countries in an effort to get
them to agree to longer-lasting trade deals.
Another concession the Supreme Court could offer Trump is to allow some tariffs
involved in the legal fight to remain in effect. Part of the battle is over
tariffs he imposed on Canada and China over trafficking in fentanyl and drug
precursors into the U.S. and on Mexico to address those problems as well as
migration and human trafficking.
A ruling upholding those tariffs, but striking down the more global import taxes
linked to trade deficits, would allow Trump to claim a partial win but probably
won’t insulate the justices from a presidential rebuke.
THE OPTICS OF TURNABOUT
Despite the efforts some justices may make to distinguish the worldwide tariffs
from other policies federal courts have blocked under the major questions
doctrine, if the court allows Trump’s tariffs, many politicians and commentators
are likely to accuse the justices of a double-standard.
Exhibit No. 1 in this argument will be the Supreme Court’s ruling striking down
one of President Joe Biden’s signature policies: his student debt relief plan.
That 6-3 decision, wielding the doctrine to invalidate student debt forgiveness,
was handed down by the same nine justices over two years ago.
“It’s arguably quite analogous,” Goitein said. “Will the Supreme Court act
consistently?
Of course, the justices might say in a ruling upholding the Trump tariffs that
they are pivoting based on legal substance and not politics. But for a court
that many members of the public already view skeptically, the result may look
partisan.
“This will be a true test of the Supreme Court in many, many ways,” Goitein
said.
Erica Orden contributed to this report.
From the SWAP: A Secret History of the New Cold War by Drew Hinshaw and Joe
Parkinson. Copyright © 2025 by Drew Hinshaw and Joe Parkinson. Published by
Harper, an imprint of HarperCollins Publishers.
In the third week of March 2023, Vladimir Putin dialed onto a video call and
reached for a winning tactic he had been honing since his first weeks as
president. He approved the arrest of another American.
By then, Russia’s president was running the world’s largest landmass from a
series of elaborately constructed, identical conference rooms. As far as the CIA
could tell, there were at least three of them across Russia, each custom-built
and furnished to the exact same specifications, down to the precise positioning
of a presidential pencil holder, engraved with a double-headed eagle, the state
symbol tracing back five centuries, on the lacquered wooden desk. Neither the 10
perfectly sharpened pencils inside nor any other detail in the windowless rooms,
with their beige-paneled walls and a decor of corporate efficiency, offered a
clue to Putin’s true location.
Russia’s president refused to use a cell phone and rarely used the internet.
Instead, he conducted meetings through the glow of a large screen monitor,
perched on a stand rolled in on wheels. The grim-faced officials flickering onto
the screen, many of whom had spent decades in his close company, often were not
aware from which of the country’s 11 time zones their commander in chief was
calling. Putin’s staff sometimes announced he was leaving one city for another,
then dispatched an empty motorcade to the airport and a decoy plane before he
appeared on a videoconference, pretending to be somewhere he was not.
From these Zoom-era bunkers, he had been governing a country at war, issuing
orders to front-line commanders in Ukraine, and tightening restrictions at home.
Engineers from the Presidential Communications Directorate had been sending
truckloads of equipment across Russia to sustain the routine they called Special
Comms, to encrypt the calls of “the boss.” The computers on his desks remained
strictly air-gapped, or unconnected to the web. Some engineers joked nervously
about the “information cocoon” the president was operating in.
But even from this isolation, the president could still leverage an asymmetric
advantage against the country his circle called their “main enemy.” One of the
spy chiefs on the call was proposing an escalation against America. Tall,
mustachioed, and unsmiling, Major General Vladislav Menschikov ranked among one
of the siloviki, or “men of strength” from the security services who had risen
in Putin’s slipstream. The president trusted him enough to run Russia’s nuclear
bunkers and he played ice hockey with his deputies.
Few people outside a small circle of Kremlinologists had heard of Menschikov,
head of the First Service of the Federal Security Service, or FSB, the successor
to the KGB. But everybody in America had watched the spectacular operation he
had pulled off just a few months earlier. An elite spy agency under his command
orchestrated the arrest of an American basketball champion, Brittney Griner.
Hollywood stars and NBA legends including Steph Curry and LeBron James demanded
President Joe Biden ensure her swift return, wearing “We Are BG” shirts on
court. Menschikov helped oversee her exchange in a prisoner swap for Viktor
Bout, an infamous Russian arms dealer nicknamed “the Merchant of Death,” serving
25 years in an Illinois penitentiary.
This account is based on interviews with former and current Russian, U.S. and
European intelligence officials, including those who have personally been on a
video call with Putin, and the recollections of an officer in the Russian
leader’s Presidential Communications Directorate, whose account of Putin’s
conference call routine matched publicly available information. Those sources
were granted anonymity to discuss the sensitive details of the president’s
calls.
Trading a notorious gunrunner for a basketball player was a stunning example of
Russia’s advantage in “hostage diplomacy,” a form of statecraft that died with
the Cold War only for Putin to resurrect it. In penal colonies across Russia,
Menschikov’s subordinates were holding still more Americans, ready to swap for
the right price. They included a former Marine, mistaken for an intelligence
officer, who had come to Moscow for a wedding, and a high school history teacher
whose students had included the CIA director’s daughter, caught in the airport
carrying medical marijuana. Disappointingly, neither of their ordeals had yet to
bring the desired offer from Washington.
Menschikov’s proposal was to cross a threshold Moscow hadn’t breached since the
Cold War and jail an American journalist for espionage. A young reporter from
New Jersey — our Wall Street Journal colleague and friend Evan Gershkovich — was
flying from Moscow to Yekaterinburg to report on the increased output of a local
tank factory. If the operation went to plan, the reporter could be exchanged for
the prisoner Putin referred to as “a patriot,” an FSB officer serving a life
sentence in Germany for gunning down one of Russia’s enemies in front of a
Berlin coffee shop called All You Need Is Love. The murderer had told the police
nothing, not even his name.
From the moment Putin gave his assent, a new round of the game of human poker
would begin that would see a cavalcade of spies, diplomats and wannabe mediators
including oligarchs, academy award-winning filmmakers and celebrities seek to
help inch a trade towards fruition. The unlikely combination of Hillary Clinton
and Tucker Carlson would both step in to advance talks, alongside the Saudi
Crown Prince Mohammed bin Salman, Turkey’s President Recep Tayyip Erdogan,
former Google CEO Eric Schmidt, and Rupert Murdoch, the media mogul who would
wrestle with whether to fly to Moscow to personally petition Putin.
All told, CIA officers would fly thousands of miles to orchestrate a deal that
would come to encompass 24 prisoners. On the Russian side: hackers, smugglers,
spies and Vadim Krasikov, the murderer Putin had set out to free were all
released. In return, the U.S. and its allies were able to free dissidents,
westerners serving draconian sentences, former Marine Paul Whelan, and
journalists that included the Washington Post’s Vladimir Kara-Murza, Radio Free
Europe’s Alsu Kurmasheva, and our newspaper’s Gershkovich.
Looking back, what is remarkable is how well it all went for the autocrat in the
Kremlin, who would manage to outplay his fifth U.S. president in a contest of
taking and trading prisoners once plied by the KGB he joined in his youth. An
adage goes that Russia, in the 21st century, has played a poor hand well. The
unbelievable events that followed also raise the question of how much blind luck
— and America’s own vulnerabilities — have favored the man in the “information
cocoon.” The prisoner game continues even under President Donald Trump, who in
his second term’s opening months conducted two swaps with Putin, then in May
discussed the prospect of an even larger trade.
It is a lesser-known item of the Russian president’s biography that he grabbed
his first American bargaining chip just eight days after his March 2000
election, when the FSB arrested a former naval officer, Edmond Pope, on
espionage charges. It took a phone call from Bill Clinton for the youthful Putin
to pardon Pope, an act of swift clemency he would never repeat.
Twenty-three years later, on the videoconference call with General Menschikov,
Putin was in a far less accommodating mood. He wanted to force a trade to bring
back the FSB hitman he privately called “the patriot” — he’d been so close to
Krasikov, they’d fired rounds together on the shooting range. Some CIA analysts
believed he was Putin’s personal bodyguard. In the previous months, before he
approved Gershkovich’s arrest, three Russian spy chiefs asked the CIA if they
could trade Krasikov, only to hear that rescuing a Russian assassin from a
German jail was a delusional request of the United States. Days before the call,
one of Putin’s aides phoned CIA Director Bill Burns and asked once more for good
measure and was told, again, the entire idea was beyond the pale.
Menschikov’s officers would test that point of principle. His men would arrest
the reporter, once he arrived in Yekaterinburg.
--------------------------------------------------------------------------------
It was just after 1 p.m. in The Wall Street Journal’s small security office in
New Jersey, and Gershkovich’s tracking app was no longer pinging. The small team
of analysts monitoring signals from reporters deployed across the front lines of
Ukraine and other global trouble spots had noticed his phone was offline, but
there was no need to raise an immediate alarm. Yekaterinburg, where the Russia
correspondent was reporting, was east of the Ural Mountains, a thousand miles
from the artillery and missile barrages pummeling neighboring Ukraine. Journal
staff regularly switched off their phones, slipped beyond the reach of cell
service, or just ran out of battery. The security team made a note in the log.
It was probably nothing.
A text came in to the Journal’s security manager. “Have you been in touch with
Evan?”
The security manager had spent the day monitoring reporters near the Ukrainian
front lines, or others in Kyiv who’d taken shelter during a missile bombardment.
But he noticed Gershkovich had missed two check-ins and was ordering the New
Jersey team to keep trying him. “Shit,” he texted back, then fired off a message
to senior editors.
The Journal’s headquarters in Midtown Manhattan looked out through a cold March
sky onto Sixth Avenue. Within minutes, staff gathering in the 45-story News
Corporation Building or dialing in from Europe were scrambling to reach contacts
and piece together what was happening in Russia. The paper’s foreign
correspondents with experience in Moscow were pivoting from finalizing stories
to calling sources who could locate their colleague. One reached a taxi driver
in Yekaterinburg and urged him to stop by the apartment where Gershkovich was
staying. The chauffeur called back minutes later, saying he’d found only dark
windows, the curtains still open. “Let’s hope for the best,” he said.
Though there were still no news reports on Gershkovich’s disappearance nor
official comment from Russia’s government, the data points suggested something
had gone badly wrong. The Journal scheduled a call with the Russian ambassador
in Washington but when the hour came was told, “He is unfortunately not
available.” The problem reached the new editor- in-chief, Emma Tucker, who
listened quietly before responding in a voice laced with dread. “I understand.
Now what do we do?”
Only eight weeks into the job — in a Manhattan apartment so new it was furnished
with a only mattress on the floor — Tucker was still trying to understand the
Journal’s global org chart, and had met Gershkovich just once, in the paper’s
U.K. office. Now she was corralling editors, lawyersand foreign correspondents
from Dubai to London onto conference calls to figure out how to find him. A
Pulitzer Prize finalist and Russia specialist on her staff made a grim
prediction. If the FSB had him, it wasn’t going to be a short ordeal: “He’s
going to spend his 30s in prison.” And when editors finally located the
Journal’s publisher to inform him of what was going on, they hoped it wasn’t an
omen. Almar Latour was touring Robben Island, the prison off the coast of Cape
Town, South Africa, where Nelson Mandela served 18 of his 27 years of
incarceration.
There was a reporter nobody mentioned, but whose face was engraved into a plaque
on the newsroom wall. Latour had once sat next to Daniel “Danny” Pearl, the
paper’s intrepid and gregarious South Asia correspondent. In 2002, the
38-year-old was lured into an interview that turned out to be his own abduction,
and was beheaded on camera by Khalid Sheikh Mohammed, a mastermind of the
terrorist attacks of September 11, 2001 — leaving behind a pregnant wife and a
newsroom left to report the murder of their friend.
Paul Beckett, the Washington bureau chief and one of the last reporters to see
Pearl alive, had thought of him immediately. He managed to get Secretary of
State Antony Blinken on the phone. America’s top diplomat knew exactly who Evan
was; just that morning he had emailed fellow administration officials the
reporter’s latest front-page article, detailing how and where Western sanctions
were exacting long-term damage on Russia’s economy. It was an example, Blinken
told his office, of the great reporting still being done in Russia.
“Terrible situation,” Blinken told Beckett, before adding a promise America
would pay a steep price to keep: “We will get him back.”
--------------------------------------------------------------------------------
The Biden White House’s first move after learning of Gershkovich’s arrest was to
call the Kremlin — an attempt to bypass the FSB.
The arrest of an American reporter was a major escalation and if National
Security Advisor Jake Sullivan could reach Yuri Ushakov, Vladimir Putin’s top
foreign policy specialist, Sullivan hoped he could convince Ushakov to step back
from the brink. At best, he assessed his odds of success at 10 percent, but this
was a crisis that seemed likely to either be resolved with a quick call or drag
on for who knows how long, and at what cost.
“We’ve got a big problem,” Sullivan told Ushakov. “We’ve got to resolve this.”
The answer that came back was swift and unambiguous.
“This is a legal process,” Ushakov said. There would be no presidential clemency
— only a trial, and if Washington wanted a prisoner trade, they were going to
have to arrange it through what the Russians called “the special channel.” In
other words, the CIA would have to talk to the FSB. Sullivan hung up, and his
team braced themselves to brief the Journal: the newspaper was going to need to
be patient.
The White House was trapped in a rigged game, facing the crude asymmetry between
the U.S. and Russia, whose leader, in power for a quarter-century, could simply
order foreigners plucked from their hotel rooms and sentenced to decades on
spurious charges. Griner, the basketball champion, hadn’t even returned to the
basketball court in the three months since her exchange for “the Merchant of
Death,” yet already, the Russians had scooped up another high-profile chip.
The CIA and its European allies had been quietly trying to fight back in this
game of human poker. They had spent enormous energy tracking and rounding up the
Russians Putin valued most: deep-cover spies, or “illegals,” who spent years
building false lives undercover, taking on foreign mannerisms and tongues.
Norwegian police, with U.S. help, had nabbed an agent for Russia’s GRU military
intelligence agency, posing as a Brazilian arctic security professor in Norway’s
far north. Poland had arrested a Spanish-Russian freelance journalist: His
iCloud held the reports he’d filed for the GRU, on the women — dissidents and
journalists — he’d wooed across Central and Eastern Europe. It had taken the spy
service of the Alpine nation of Slovenia, known as Owl, nearly a year to find,
then jail, a carefully hidden pair of married spies, pretending to be Argentines
running an art gallery — sleeper agents working for Moscow’s SVR foreign
intelligence agency. Not even their Buenos Aires-born children, who they spoke
to in fluent Spanish, knew their parents’ true nationality or calling.
Yet for all that work, none of these prisoners worked for the agency that
mattered most in Russia and ran the “special channel” — the FSB. Putin himself
had once run Russia’s primary intelligence agency, and now it was in the hands
of his siloviki, the security men he’d known for decades who included
Menschikov. There was, the CIA knew, only one prisoner the FSB wanted back:
Krasikov, the FSB officer serving life in a German prison.
America was stuck. Every stick it could beat Russia with was already being
wielded. The world’s financial superpower was drowning Putin’s elite in
sanctions, and almost every week Sullivan authorized another carefully designed
shipment of weaponry to the battlegrounds of Ukraine, whose government
complained bitterly it was being given just enough to perpetuate a war, not
enough to win. And yet America’s government had to worry about the conflict
tipping into a nuclear exchange.
What else is there in our toolbag? Sullivan asked himself. We’re doing
everything we can. But the game was rigged. Which is why Putin kept playing it.