In April 2025, the Office of the U.S. Trade Representative presented its ‘Liberation Day’ tariff formula. Initially, the formula seemed complex and academically rigorous, featuring Greek symbols and scholarly references. However, economists soon discovered flaws, noting that key terms nullified each other, revealing it to be driven primarily by bilateral trade deficits.
This prompted an economist to file a Freedom of Information Act (FOIA) request for records related to the formula’s development. After more than a year of delays and back-and-forth communication, the U.S. Trade Representative located 31 relevant pages but refused to release any, citing protection due to communications with the White House Council of Economic Advisers.
This lack of transparency raises questions. If the tariffs were economically sound, why hide the records? And why did the Council of Economic Advisers not acknowledge its involvement despite aiding in the formula’s preparation?
From a legal perspective, the Liberty Justice Center has represented businesses contesting the administration’s tariff actions. These hidden pages suggest a pattern of shifting legal justifications for the tariff policy. Initially justified under the International Emergency Economic Powers Act, the policy adapted to Section 122, then migrated to Section 301, all while maintaining similar tariffs.
The problem lies in whether the administration is adapting laws and economic theories to support a pre-existing tariff policy after previous justifications were invalidated.
The 31 withheld pages may reveal whether government officials realized these issues before the formula’s release, or if any concerns were raised internally. However, the executive privilege claim prevents public scrutiny.
A curious episode involves one of the formula’s academic sources, a relatively unknown paper by economists Pau Pujolas and Jack Rossbach. This paper was referenced in a speech by then-chairman Stephen Miran, but one author later accused the administration of misinterpreting their findings. Pujolas highlighted the discrepancy between his research and the administration’s application.
This misrepresentation questions the formula’s academic integrity, as scholars publicly contested their work’s portrayal. Whether these internal conflicts were known within the government remains undisclosed due to the withholding of crucial pages.
The executive branch must provide transparent reasoning for policies impacting significant commerce sums. Trust from courts, businesses, and the public depends on transparent policy justification. The administration should clarify what it fears revealing.
Phillip W. Magness holds the David J. Theroux Chair in Political Economy at the Independent Institute. Sara Albrecht is the chairman and CEO of the Liberty Justice Center, representing businesses challenging the administration’s tariff actions.
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