For what it’s worth, I’m not seeing a failure of communication. I’m seeing a failure of scoping. You’re arguing on the basis of specific legal mechanisms by which power is expressed. I’m arguing the real motivations of and political constraints on decision makers are more fundamental in this case.
That isn’t universally true. Power predicted what Trump would do with tariffs (again, analogy). Legal analysis predicted his constraints (which SCOTUS affirmed). In this case, SecDef has the legal authority to do what’s described. He doesn’t, however, have the political freedom to do so. That turns the latter into the germane constraint, not a litany of proscribed powers.
Put another way, the people—here—are fundamental. (Market reactions, too, though again largely because the people in this administration have chosen the Dow as a lighthouse.) The legal justifications are worse than surface level, they’re ex post facto findings of retaliatory paths. It may feel more substantial to quote DPA statute versus discuss Hegseth and Dario’s motivations and relationships, but that’s, again, missing the forest for the trees.