Things Go Boom When You Attempt to Retcon the Economy

"I keep writing about how Trump keeps retconning what he is doing legally, attempting to alter his explanations for what he's doing, legally, when a first legal theory runs into trouble. The Trump administration has tried to retcon: Trump has only accelerated these dizzying gyrations in attempting to explain how Kilmar Abrego Garcia ended up in a prison in El Salvador."

"Thus far, Trump has dodged repercussions for this Choose Your Own Adventure lawyering, thanks in part to SCOTUS' disruption of the Alien Enemies Act class act before Judge James Boasberg before he could hold anyone in contempt. There is a pending contempt request before Judge Paula Xinis in the Abrego Garcia case, but she will need to dot some Is and cross some Ts before she imposes sanctions and even there it would take time to target the sanctions against the people who deserve them."

"I first IDed this Administrative retconning in the legal context because in the legal context there are rules about saying one thing and then changing your mind (though actually, I first IDed Trump's reliance on retconning after the Haitian dogs and cats attack during the election). That is, it matters in a legal context because it may blow a legal case even in a context - such as deportations - where the President has expansive authority."

Administrative retconning describes repeated changes in legal explanations and policy rationales that create inconsistent records and risk undermining legal cases. The Kilmar Abrego Garcia matter exemplifies these shifts, with efforts to justify his detention and deportation morphing over time. A pending contempt request exists but will require careful judicial steps and time before sanctions can be imposed on responsible parties. Legal rules about prior positions matter because inconsistent explanations can blow cases even where executive authority is broad. Similar rapid reversals and shifting rationales have appeared in recent tariff rollouts, reflecting the same pattern of ad hoc policy changes.

Read at Emptywheel