Mai Xiong Faces Questions Over Her Home, a Fraud-Related Judgment and Her Calls for Accountability

Materials circulated by Michigan Republican Party Grassroots Vice Chairman Long bring renewed attention to a reported $2.4 million civil judgment involving Xiong’s property. The lawmaker has condemned his alleged racist attacks, while questions about the financial case remain unresolved.

State Rep. Mai Xiong is calling for accountability over campaign activity involving Republican U.S. Senate candidate Mike Rogers. At the same time, materials attributed to Michigan Republican Party Grassroots Vice Chairman Chris Long have renewed attention to a financial controversy involving her Warren home.

The documents and news reports describe a civil judgment connected to efforts to recover money from an investment fraud scheme operated by Xiong’s sister, Kay Yang. Federal regulators secured substantial judgments against Yang, while separate Wisconsin litigation reportedly included Xiong and her property.

Xiong has denied receiving money or property from her sister or the other defendants. That denial is an essential part of the story. So is the reported judgment, along with the question of what happened after Xiong said she intended to challenge it.

Her October 22, 2026, statement forcefully condemned Long’s alleged attacks on her ethnicity, loyalty and family. But it did not explain how her home was financed or provide an update on the Wisconsin case. Those financial questions deserve answers supported by records, just as her accusations against Long deserve examination in their full context.

According to an August 5, 2024, report by The Detroit News, Xiong purchased her Warren home for $310,000 in May 2021. The newspaper reported that the purchase occurred approximately one month after investors filed a Wisconsin lawsuit against Yang seeking to recover money lost through her financial dealings.

A subsequent lawsuit identified Xiong’s home among eight properties allegedly purchased with money connected to Yang’s operation. The plaintiffs accused Yang of transferring funds to relatives and associates to prevent creditors from collecting what they were owed.

The newspaper reported that a Wisconsin judge entered a roughly $2.4 million default judgment against 13 defendants, including Xiong, in September 2022 and imposed liens on the identified properties.

That placed Xiong’s connection to the case beyond a general question about her sister’s conduct. According to the reporting, she was a named defendant, and her property was included in the recovery effort.

Xiong denied receiving money or property from the defendants and said she was working to vacate the judgment as it applied to her and her home. However, the newspaper’s review raised questions about the steps she had taken.

Court records showed that Xiong acknowledged service of the lawsuit on August 31, 2022. As of the newspaper’s August 2024 report, it found no filings in which she disputed the allegations or sought to vacate the judgment.

That gap between her stated intentions and the filings described by the newspaper warrants a clear explanation. A default judgment does not establish that every allegation was tested at a contested trial, but saying a judgment will be challenged does not establish that it has been overturned.

The material reviewed does not confirm whether the judgment or lien has since been modified, satisfied or vacated. Its present status therefore remains an important unanswered question.

The federal record concerning Yang is more extensive. In May 2023, the Securities and Exchange Commission announced default judgments against Yang and Xapphire LLC following an investment operation that targeted members of the Hmong-American community.

According to the SEC’s account of the court’s findings, Yang offered investments through businesses she owned and promised annual returns of 20% to 50%. She presented her foreign exchange trading as consistently successful, even though substantial losses occurred and less than half of investors’ contributions went into that trading.

Approximately $4.06 million was misappropriated for personal and family spending, including casinos, travel, homes and vehicles, as well as payments to investors in an earlier venture. The court ordered approximately $4.06 million in disgorgement, an equal civil penalty and prejudgment interest.

Yang was also barred from serving as an officer or director of a public company. Her husband, Chao Yang, faced a separate repayment order as a relief defendant.

A separate Commodity Futures Trading Commission proceeding produced another substantial judgment in June 2023. Yang and her companies were ordered to pay approximately $13.69 million in restitution and $10.39 million in civil penalties.

The CFTC reported that the court found the operation collected at least $15.7 million from approximately 67 individuals or entities, most of them members of Wisconsin’s Hmong community. At least $4.8 million was misappropriated, including nearly $1.4 million spent at casinos and on luxury hotels and cars.

These were civil enforcement judgments involving overlapping conduct and different remedies. The awards cannot simply be added together and presented as a single amount stolen. They also cannot be described as federal awards owed personally by Mai Xiong.

Further examination of Yang’s record uncovered a later criminal conviction involving property filings. A February 13, 2026, federal court order recounts that a Wisconsin jury found her guilty on four counts of criminal slander of title on April 17, 2025. She was sentenced that June.

February 2026 reporting by Tom Daykin described a three-year prison sentence arising from false filings, including a purported $4 million lien against Yang’s former home.

Yang challenged the conviction. Her February 2026 federal habeas proceeding was dismissed without prejudice because she had not exhausted available state remedies. That dismissal concerned the procedure for pursuing relief; it did not decide the merits of her challenge.

The conviction adds a significant development to Yang’s legal history. It remains a conviction of Yang, however, and supplies no basis for portraying Xiong as criminally convicted or as a knowing participant in her sister’s investment scheme.

The materials also describe Yang’s connection to a separate financial controversy involving Hmong College Prep Academy in Minnesota.

An October 2021 federal court order documents how the school’s founder and superintendent, Christiana Hang, approached her friend Yang about potential investors or donors. Yang then contacted a Woodstock Capital principal. The court’s background account accepted the school’s allegations for purposes of deciding the motions before it.

According to the supplied reporting, Hang ultimately transferred $5 million in school funds to Woodstock, with approximately $700,000 remaining eighteen months later. The school alleged that its money had been stolen or badly managed, while Woodstock attributed the losses to investment timing during the coronavirus pandemic.

The reporting described the investment as violating state restrictions on school investments. It also said Hang and her husband, school chief operating officer Pao Yang, subsequently resigned with combined separation payments of $350,000.

At the time of that coverage, no criminal or civil enforcement charges had been filed in the school matter. That qualification must remain attached to its original reporting period.

Nothing reviewed places Mai Xiong in the school’s investment decision or establishes that she received school funds. The episode provides background about Kay Yang’s financial associations, but it does not independently establish wrongdoing by Xiong.

Meanwhile, investors continued pursuing assets associated with Yang. Daykin’s February 2026 reporting described Long and Miana Lee obtaining a Milwaukee office building through a court-ordered transfer and later pursuing plans to convert it into an events venue.

The building had been used by Enduring Love International Center, a church where Yang was a member. Its transfer illustrates the practical challenge facing investors: obtaining a judgment and recovering money are separate battles. The CFTC itself warned that repayment orders cannot guarantee recovery when defendants lack sufficient assets.

Against that financial backdrop, Xiong’s October 22 statement addressed the increasingly personal political confrontation with Long.

She said the dispute followed her request for an investigation and oversight hearing into potentially unlawful campaign activity. According to her account, Long called her a “Chinese Communist Party Asset” and referred to her deceased parents, sister and entire family as “scumbags.”

The complete original exchange was not supplied, so the wording and context of those remarks remain attributed to Xiong.

In her response, she described herself as a Hmong American born in a refugee camp in Thailand and a Warren resident of 23 years. She said her father fought alongside American soldiers in Laos during the Vietnam War and argued that her family’s history should not be weaponized against her.

“Asian Americans should not be asked to repeatedly prove our loyalty to a country we call home,” she wrote.

Xiong called on the Michigan Republican Party to condemn Long’s actions and rejected attacks based on race or immigrant background. The materials reviewed provide no evidence that she is an asset of the Chinese Communist Party. Scrutiny of her property and finances must rest on financial and legal records.

Her statement also defended the campaign oversight request that she said preceded the confrontation. Reporting corroborates that Kristi Rogers, Mike Rogers’ wife, distributed $10 gas cards at a Detroit Freedom Fuel station on October 14 while promoting her husband’s proposal to suspend the state gas tax.

Xiong questioned whether the activity violated election law and called for an oversight hearing. The material reviewed contains no official finding establishing that a violation occurred.

“Despite these attacks, I will not be intimidated or silenced for questions I raised about the Rogers’ campaign,” she wrote.

Her demand for oversight establishes a reasonable principle: financial activity involving political figures deserves examination when legitimate questions arise. That principle applies equally to the reported judgment involving her property.

A complete public accounting would include the records explaining her home’s financing, her response to the Wisconsin lawsuit and any subsequent order modifying or vacating the judgment. Long should likewise provide the complete exchange underlying Xiong’s accusations and clearly distinguish established findings from his own claims.

The available record supports serious scrutiny of Xiong’s property and her handling of the litigation. It does not establish that she operated her sister’s scheme or knowingly participated in fraud.

Xiong’s denial and the reported judgment remain in tension. Resolving that tension requires the current court record and a documented explanation of the transaction. For an elected official who is publicly demanding accountability from others, providing that explanation is a fair expectation.

Judge Andrew Napolitano Backs El-Sayed, Blasts Rogers Over War, Surveillance and the Constitution

 

Retired judge and Newsmax legal analyst Andrew Napolitano is urging Michigan voters to support Democrat Abdul El-Sayed for the U.S. Senate, delivering a sharp rebuke of Republican Mike Rogers over war, government surveillance and constitutional rights.

In an interview clip released Monday by Katie Halper, Napolitano made his preference unmistakable: “If I were in Michigan — no question in my mind — I would vote for El-Sayed.” He also encouraged Michigan voters to support the Democrat.

The endorsement crosses a substantial ideological divide. Napolitano acknowledged that he would likely oppose El-Sayed on taxation and property issues. But he said their agreement on civil liberties and war outweighed those differences.

His criticism of Rogers was considerably harsher. Napolitano called the Trump-backed Republican a “two-bit thug,” accusing him of supporting war and intrusive surveillance while disregarding constitutional protections. Those descriptions were Napolitano’s political judgments. 

The remarks place constitutional limits on government at the center of Napolitano’s endorsement. His stated reasoning was that disagreements over economic policy mattered less to him than the candidates’ approaches to military power and individual freedom.

For El-Sayed, the endorsement offers support from a commentator whose audience extends beyond Democratic politics. For Rogers, it represents criticism from a prominent legal voice appearing on a network closely associated with conservative viewers.

Napolitano’s message was direct: on the issues he considers most consequential in this race, he trusts El-Sayed more than Rogers.

The Last Carving: Sign of the Beefcarver’s Reported Closing Would End a Woodward Tradition Nearly 70 Years in the Making

 

ROYAL OAK, Michigan — For generations of Metro Detroit families, Sign of the Beefcarver offered a familiar comfort: a tray sliding along a cafeteria line, roast beef carved to order, mashed potatoes and gravy, and a slice of pie waiting at the end.

Now, the restaurant that outlasted the rest of its chain is reportedly preparing to serve its final meals.

A farewell statement attributed to the owners says the last Sign of the Beefcarver, on Woodward Avenue in Royal Oak, will close Sunday, October 25. The statement cites rising food costs, particularly roast beef, continuing financial losses and difficulties recovering from the pandemic.

If the closing proceeds as announced, it will bring an end to a restaurant tradition dating to 1957—and to a business that survived expansion, corporate ownership, a trademark battle and a devastating fire.

A Familiar Place Along Woodward

The original restaurant opened in November 1957 on the east side of Woodward, north of Eleven Mile Road, under the name Sign of the Beefeater.

Its formula was straightforward: serve substantial, familiar meals in a welcoming colonial setting, with cafeteria efficiency and a personal touch. Customers selected their food along the serving line, then staff helped carry their trays to the table.

Hand-carved beef, homemade soups, vegetables, baked goods and classic desserts became its trademarks. A fireplace and colonial furnishings gave the place a character somewhere between a cafeteria and a family dining room.

There was no need to study an unfamiliar menu or wonder what kind of experience awaited inside. The appeal rested in knowing.

For customers who first visited with parents or grandparents, returning could mean revisiting a family ritual as much as ordering dinner.

From One Restaurant to a Regional Chain

Founded by Jack Joliat and Bob LaJoie, the business grew from its Royal Oak beginnings into a recognizable regional chain. Two additional restaurants opened in 1966, and by 1972 there were eight Metro Detroit locations.

That year, Montgomery Ward acquired the company. Under the department store retailer’s ownership, eight more restaurants were added, including four in the Chicago area.

Expansion brought the concept to more customers, but the original Woodward location remained the place where its story began. The Royal Oak Historical Society identifies it as the city’s oldest restaurant.

The Name Changed, but the Roast Beef Stayed

The transition from Beefeater to Beefcarver resulted from a trademark dispute with the company behind Beefeater Gin.

The dispute culminated in a judgment requiring a new name, and the restaurant became Sign of the Beefcarver in 1979. Around the same period, Montgomery Ward exited the business, and a management group led by Joliat reacquired the chain. The Chicago restaurants were closed as the company refocused on Metro Detroit.

For longtime customers, the new name did little to alter the restaurant’s identity. The carving station, comfort food and colonial atmosphere remained the heart of the experience.

A Fire Nearly Ended the Original

On December 9, 1984, a major fire severely damaged the Royal Oak restaurant.

The owners rebuilt, and the restaurant reopened in September 1985. For the original location, it was a second beginning—one that allowed another generation of customers to discover the business.

The rebuilding also became part of its larger story of endurance. A restaurant that could have disappeared in the mid-1980s instead remained on Woodward for decades afterward.

The Chain Shrinks to Its Starting Point

Eventually, declining business and changing dining habits took their toll on the chain.

The Dearborn restaurant’s closure in June 2018 left Royal Oak as the final location. Dearborn had operated on Michigan Avenue since 1967; contemporary reporting cited declining sales and the sale of its building for redevelopment.

The chain’s history had come full circle. Its first restaurant was now its last.

For the following years, the Woodward location carried the entire Beefcarver tradition: the food, the familiar service and the memories attached to restaurants that had already disappeared.

Owners Cite Costs and Pandemic Aftereffects

In the farewell statement provided for this article, the owners describe a business that can no longer absorb its operating losses while keeping meals affordable.

They point particularly to the price of roast beef—the product central to both the menu and the restaurant’s name. They also attribute the restaurant’s struggles to pandemic shutdowns, difficulty attracting customers afterward and government policies they consider burdensome.

Those explanations represent the owners’ account. The statement does not include financial records or identify the specific government policies involved.

Its central message, however, is clear: the owners say the balance between operating costs and the value they want to offer customers has become unsustainable.

“We sincerely THANK YOU FOR SEVENTY YEARS of loyal and faithful support for The Beefcarver!” the statement reads.

The owners also express the hope that the restaurant has given families years of happy meals and memories.

Although the statement describes 70 years of operation, the November 1957 opening places the restaurant just short of its 69th anniversary this October—nearly seven decades of history.

More Than a Final Meal

A restaurant’s closing can be measured in sales, expenses and the number of locations remaining. Its place in a community is harder to calculate.

At Sign of the Beefcarver, that place was built through repetition: the same trip along Woodward, the same favorite entrée, the same decision over dessert, the same familiar surroundings.

Its reported closing would mean losing one more place where Metro Detroit’s past remained part of everyday life.

For customers planning a farewell visit, the statement identifies Sunday, October 25, as the intended final day at 27400 Woodward Avenue in Royal Oak. Customers should confirm plans directly with the restaurant at 248-546-7888.

For nearly seven decades, families came through its doors for dinner. What many will remember longest is who sat across the table.

Great Lakes Hold On to Summer’s Warmth as Michigan Moves Deeper Into Fall

 

All five lakes are warmer than average, helping soften shoreline cold snaps and providing moisture for autumn rain showers.

October 17, 2026

Fall has arrived across Michigan, but the Great Lakes are still carrying some of summer’s heat.

All five lakes have surface temperatures above their long-term averages for mid-October, according to NOAA data. Lake Michigan stands out at approximately 6 degrees above normal, while Superior, Huron, Erie and Ontario are each roughly 4 degrees warmer than average.

That lingering warmth can influence the weather well beyond the beaches. It can moderate temperatures in shoreline communities, help generate lake-effect rain and, eventually, provide energy for lake-effect snow when sufficiently cold air arrives.

For now, however, warm water alone does not signal an approaching snow outbreak.

How Much Warmer Are the Lakes?

Pockets of Water Remain in the 60s

Some of the most striking readings are the actual surface temperatures still being observed in parts of the lakes.

Southern Lake Michigan has areas near 65 degrees, while portions of northern Lake Michigan remain around 60 degrees. In Lake Erie, some surface water is still approximately 67 degrees.

Those are local readings, rather than averages for each entire lake. Temperatures vary considerably across these enormous bodies of water.

Location	Reported surface temperature
Portions of Lake Erie	About 67°F
Southern Lake Michigan	About 65°F
Northern Lake Michigan	About 60°F

The readings illustrate how much warmth remains stored in the water even as shorter days and cooler nights push Michigan further into autumn.

The Lakes Took Different Paths to October

The current warmth did not develop at the same time everywhere.

Lake Superior spent much of the year on the colder side of normal. Its surface temperatures remained below average through winter, spring and summer before moving above normal around August 31.

Lake Michigan crossed above average near the end of June and has generally remained there. Lake Huron also warmed above normal following June’s early-summer heat.

By mid-October, all five lakes were showing the lingering effects of the warm season.

Still, above average does not mean record-breaking. The supplied report identifies October 15, 2021, as warmer across all five lakes. This year’s readings are elevated, but they do not establish new records for that date.

What This Means for Michigan’s Fall Weather

For communities near the shoreline, warmer water can take some of the edge off an autumn cold snap.

Water releases stored heat gradually. When colder air moves across a relatively warm lake, that heat can help keep nearby locations milder than they otherwise would be. The effect depends on wind direction and the movement of the colder air.

The same temperature contrast can also encourage lake-effect rain. As chilly air passes over warmer water, it picks up heat and moisture, helping clouds and showers develop downwind.

That is one reason Michigan can experience unsettled, showery weather around the lakes even after a broader storm system has moved away.

Could the Warm Water Mean Heavier Snow Later?

It could contribute—but only when the atmosphere supplies the other necessary ingredients.

Relatively warm, open water can support substantial lake-effect snow when sufficiently cold air passes overhead. Wind direction, available moisture and how long the pattern lasts also help determine where snow develops and how much falls.

Warm lakes are a potential fuel source, not a winter forecast.

The report does not identify an imminent heavy lake-effect snow setup. For Michigan residents, the immediate effects are more closely tied to moderated shoreline temperatures and autumn rain showers.

Summer’s influence is fading on land. Across the Great Lakes, it is taking longer to let go.

 

Jocelyn Benson’s Data-Center Hypocrisy Demands Answers

 

Benson now promises strict rules for data centers. But when a company employing her husband pushed a project in Saline Township, local officials rejected it—and the development moved forward after the company sued.

Jocelyn Benson wants Michigan voters to believe she will stand up to data-center developers. She says she would impose a moratorium until the state adopts rules for public hearings, transparency, environmental protections, and electricity costs.

Then comes the question her campaign cannot bury: Why should Michigan trust her to enforce rules she is only demanding now, after a company employing her husband helped push a controversial project past a community’s rejection?

Ryan Friedrichs, Benson’s husband, was a senior executive at Related Companies and worked on the Saline Township data-center project. He appeared before local officials for the developer. In September 2025, the township board voted 4–1 against the rezoning required for the project. Related Digital sued days later. The township then reached a settlement that allowed the project to proceed.

That is the record: elected local officials said no; the developer sued; and the project moved ahead through a settlement. Residents were heard, but they did not get the result their board’s vote called for.

Benson now says Michigan needs open negotiations and transparency to prevent backroom deals. Those principles sound compelling in a campaign speech. They sound considerably less convincing when a company tied to her household was pressing ahead with a project after local officials rejected it.

The connections raise an obvious ethical cloud. Friedrichs worked for the company advancing the project. Stephen Ross, Related Companies’ founder, previously employed Benson as CEO of the Ross Initiative in Sports for Equality and has contributed to her campaigns. That does not prove a quid pro quo or establish that Benson intervened in the Saline project. It does make the public entitled to demand more than a carefully worded denial.

Benson’s financial disclosure lists $370,000 in income for Friedrichs from his employer. That is not proof of a project commission, and it should not be portrayed as $370,000 paid by the data center. But it is a substantial household income from the company whose project he worked on. Related Companies has said Friedrichs received no commission from the project; Bridge Michigan found no evidence he stood to make millions. Those facts limit what can responsibly be claimed. They do not make the underlying relationship disappear.

Benson’s campaign says Friedrichs is no longer working on Michigan data-center projects, has recused himself from state-related work that could come before a Benson administration, and that Benson herself had no role in authorizing or developing the Saline project. The project advanced under Gov. Gretchen Whitmer’s administration. But “I wasn’t the decision-maker” is not a satisfying answer to a candidate now asking voters to trust her judgment on the same industry that employed her husband.

The real issue is not whether Benson personally signed a permit. It is whether she applies one standard to politically connected insiders and another to everyone else. Her husband helped advance the project. Her former professional benefactor founded the company behind it and donated to her campaigns. The township rejected the project, then faced a lawsuit and settled.

Now Benson says future developers must negotiate openly, respect communities, and meet strict conditions. Where was that standard when her husband’s employer was making its case in Saline?

Voters should not accept campaign promises as proof of accountability. They should demand clear answers: What did Benson know about Friedrichs’s role, and when? What steps did she take to avoid conflicts? Why should residents believe her proposed guardrails will bind powerful developers when the Saline project advanced despite the local board’s rejection?

The public record does not establish a kickback or prove Benson intervened. It does establish enough overlapping relationships and enough political double talk to make this a serious credibility problem. Benson wants to write the rules for data centers. Before Michigan hands her that power, she should explain why her own household’s connections to this project did not require stronger safeguards from the start.

The project’s critics have collected documents and links at Data Center Darlings. Readers should also examine the township records, independent reporting, and Benson’s response.

VIDEO: Pilot Makes Dramatic Emergency Landing on I-69 Near Flint After Engine Failure

What could have been a deadly aviation accident ended with a small airplane safely on the ground and everyone walking away unharmed.

FLINT TOWNSHIP, Mich. — A pilot flying toward Bishop International Airport found himself in a frightening situation Saturday when his single-engine airplane suddenly developed engine trouble, leaving him searching for somewhere to land.

With the aircraft losing power and the airport apparently out of reach, the pilot made a split-second decision that may have saved his life. He aimed for Interstate 69 near the I-75 interchange in Flint Township.

Somehow, he managed to bring the airplane down along the highway shoulder without hitting a single vehicle.

No injuries were reported.

It was the kind of emergency that could have ended very differently, especially along a busy stretch of interstate where motorists would hardly expect to encounter an airplane coming in for a landing.

Trouble in the Air

The aircraft was reportedly approaching Bishop International Airport when a mechanical problem caused its engine to lose power.

For anyone unfamiliar with aviation, losing an engine doesn't necessarily mean an airplane is going to fall straight out of the sky. Small aircraft can glide without engine power, but that doesn't make the situation any less serious.

Altitude becomes precious, time becomes limited, and the pilot must quickly figure out where the airplane can safely touch down.

An airport runway is always preferable, but when one is no longer within reach, pilots have to work with whatever terrain is available.

In this case, that meant a Michigan interstate.

Landing on a highway presents its own set of dangers. There are moving vehicles, overhead signs, bridges, guardrails, and utility lines. Even an otherwise successful touchdown can turn disastrous if an aircraft strikes an obstacle or collides with traffic.

Fortunately, none of that happened Saturday.

A Pilot's Training Put to the Test

Emergency procedures are part of every pilot's training, but practicing an engine failure with an instructor is one thing. Experiencing an actual loss of power while approaching an airport is something entirely different.

There is no opportunity to pull over, stop, and assess the problem.

The pilot must maintain enough airspeed to keep the airplane flying while identifying a landing site and deciding whether there is time to attempt an engine restart.

Every second matters.

Saturday's outcome suggests the pilot was able to maintain control of the aircraft and make the most of an extremely difficult situation.

While the full circumstances have not yet been established, bringing a powerless airplane down beside an active interstate without injuring anyone is no small accomplishment.

What Caused the Engine to Fail?

Authorities are investigating what went wrong.

Engine problems in small airplanes can occur for several reasons, ranging from fuel delivery issues and ignition failures to mechanical breakdowns.

Investigators will likely examine the aircraft's engine, maintenance records, and available flight information to determine what caused the reported loss of power.

Until that investigation is completed, it would be premature to suggest that any particular mechanical defect or maintenance issue was responsible.

A Close Call With a Happy Ending

There is something remarkable about the fact that an airplane experiencing engine trouble could come down beside one of the Flint area's major highway interchanges without anyone getting hurt.

For the pilot, what should have been an ordinary approach to Bishop International Airport became an emergency requiring immediate action.

For drivers on I-69, it was certainly not something they would expect to see during a Saturday drive.

The investigation will eventually provide a clearer picture of why the engine failed. For now, the most important part of this story is how it ended.

The airplane made it to the ground, no motorists were struck, and the pilot escaped injury.

On a day when so much could have gone wrong, just about everything that mattered went right.

Benson Says Michigan Can “Get Around” Trump’s Canada Tariffs — But a Governor Cannot Override Federal Trade Law

The Democratic nominee for Michigan governor is promising Canadian “carve-outs.” The Constitution raises a much harder question: Where exactly would a Michigan governor get the authority to bypass a federal tariff?

Michigan Secretary of State and Democratic gubernatorial nominee Jocelyn Benson has made an extraordinary promise to Michigan voters: if elected governor, she says she can negotiate directly with Canada to protect Michigan from President Donald Trump’s tariffs.

There is just one enormous problem with that promise.

The governor of Michigan does not control United States tariff policy.

Benson has repeatedly promoted what she calls “subnational agreements” between Michigan and Canada. Her campaign has described them as “carve-outs” that could protect Michigan businesses, consumers and the auto industry from federal tariffs.

On September 30, Benson said she would negotiate agreements “simply between Michigan and our neighbor to the north” to find ways to protect Michigan border crossings from federal tariff policies. Her campaign has made similar statements repeatedly. (jocelynbenson)

But Benson has gone considerably further than simply promising better relations with Canada.

During a September 6 appearance on CBS's Face the Nation, Benson said that as governor she could meet Canadian officials and find ways to ensure Michigan-Canada trade “gets around these tariffs.” 

That wording matters.

Because governors can negotiate, cooperate and advocate.

They cannot rewrite federal tariff law.

CBS Immediately Asked the Obvious Question

CBS moderator Margaret Brennan challenged Benson directly.

If the tariffs are being imposed by the federal government, Brennan essentially asked, how could Michigan possibly cancel out those costs at the state level?

Benson did not identify a federal statute giving Michigan an exemption. She did not identify presidential authority allowing Michigan to establish its own tariff schedule. And she did not explain how an agreement between Michigan and Canadian officials could legally eliminate a tariff imposed under federal authority.

Instead, she returned to the idea of subnational agreements and said Michigan could find ways for trade with Canada to “get around” the tariffs. 

That isn't a minor detail in her proposal.

It is the central legal question.

If Benson is merely proposing cooperation with Canada to reduce other costs associated with trade, she should say precisely that.

If she is claiming that Michigan can negotiate a Canadian “carve-out” that exempts goods from a valid federal tariff, she needs to explain where that authority exists.

Tariffs Are Federal Policy, Not Michigan Policy

The Constitution did not create 50 separate American trade policies.

Article I gives Congress authority over commerce with foreign nations. The Constitution also sharply restricts states' authority over imports and exports.

And Article I, Section 10 specifically restricts states from entering agreements or compacts with foreign powers without congressional consent in circumstances covered by the Compact Clause. The Constitution Annotated published by Congress notes these explicit restrictions on state power. 

Then there is the Supremacy Clause.

Valid federal law is the supreme law of the land. A state cannot simply enact a conflicting policy because its governor believes Washington made a bad decision.

That principle applies whether the governor is a Republican fighting a Democratic president or a Democrat fighting a Republican president.

Michigan does not get a constitutional veto over Washington simply because federal policy disproportionately affects Michigan.

Imagine the Reverse Situation

The constitutional problem becomes obvious if the political parties are reversed.

Suppose a Democratic president imposed federal environmental restrictions on imports from another country.

Then imagine a Republican Michigan governor announcing:

I disagree with Washington, so I'm negotiating directly with that foreign country to create a Michigan carve-out that gets around the federal restrictions.

Would Democrats accept that?

Would Benson?

Almost certainly, the immediate question would be whether a governor was attempting to nullify federal law.

That is precisely why constitutional limits cannot depend upon which party controls Washington.

Michigan Can Work With Canada. That's Not the Same Thing.

None of this means Michigan's governor must sit silently while federal trade policy damages the state.

Michigan and Canada share enormous economic interests. A governor absolutely can maintain relationships with Canadian officials, promote Michigan exports, encourage Canadian investment, coordinate infrastructure projects, work on supply-chain problems and lobby Washington for exemptions or changes in federal policy.

A governor could also pursue lawful state policies designed to offset some economic consequences of tariffs.

Those are legitimate exercises of state leadership.

But Benson's rhetoric repeatedly goes further.

Her own campaign said on September 14 that she would negotiate agreements so Michigan-Canada trade could “get around these tariffs.” (jocelynbenson)

More recently, her campaign quoted her describing “carve-outs” between Michigan and Canada designed to protect Michigan from the tariffs. (jocelynbenson)

Those claims deserve scrutiny.

Where Is the Legal Authority?

Benson is running to become governor of Michigan, not president of the United States and not the United States Trade Representative.

So there are straightforward questions she should answer:

1. What specific legal authority allows a Michigan governor to negotiate a tariff “carve-out” with Canada?

2. Would the agreement require approval from Congress or the federal executive branch?

3. Would U.S. Customs and Border Protection still collect the federal tariff when Canadian goods enter Michigan?

4. If the federal tariff remains payable, what exactly does “get around these tariffs” mean?

5. If Benson isn't claiming Michigan can override the tariff itself, why repeatedly describe the proposal as a way to “get around” federal tariffs?

Those aren't partisan questions.

They are constitutional ones.

A Governor Cannot Create Her Own Foreign-Trade Policy

There is an important distinction Benson's campaign appears determined to blur.

A governor can oppose federal policy.

A governor can lobby to change federal policy.

A governor can challenge federal action in court when there is a legitimate legal basis.

A governor can cooperate with Canadian officials on matters within state authority.

But a governor cannot simply declare that Michigan has negotiated its way out of federal law.

If Washington has imposed a valid tariff under federal law, Michigan cannot erase that tariff through an agreement negotiated in Lansing or Toronto.

That's federal supremacy.

And no campaign slogan changes it.

Benson Owes Michigan More Than a Promise

Perhaps Benson has something narrower in mind.

Perhaps “get around” doesn't mean circumventing the tariff legally. Perhaps she means finding efficiencies, subsidies, procurement arrangements, supply-chain changes or other policies that reduce the economic impact of tariffs without eliminating them.

If that's the proposal, Benson should explain it.

Because telling Michigan voters that their governor can negotiate “carve-outs” with another country and “get around” federal tariffs creates an impression of gubernatorial authority that simply does not exist if she is talking about overriding the tariff itself.

Michigan voters deserve specifics before Election Day.

Benson is free to argue that Trump's tariffs are economically destructive. She is free to campaign against them. She is free to demand that Congress repeal them or that the president withdraw them.

What she cannot credibly promise is something the Constitution does not give a Michigan governor the power to deliver.

Michigan is a state, not a sovereign nation with its own tariff policy.

And whoever occupies the governor's office remains bound by the same Constitution and federal laws as everyone else.