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Burn the Establishment PlaybookEst. 2025 · Free to the People

  Independent · Editor-Owned · No Paraphrase  

Burn the Playbook

"The newsletter DC reads and hopes you don't."

Morning EditionVol. I · WashingtonFri, Aug 28, 2026

As of August 4, at least $100 billion in tariff money had been refunded by the federal government. Every dollar of it went to companies. None of it went to the people who paid the higher prices at the register. (Sen. Elizabeth Warren, Senate Banking Committee, Aug. 7, 2026)

Hold that number. It is the biggest transfer of money in this country this year that nobody is campaigning on.

You already know the first half of the story. You lived it.

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The tariff you paid

In 2025 the President used a 1977 emergency powers law to put tariffs on almost everything that comes through a port. Coffee from Brazil at up to 50 percent. Coffee from Vietnam at 46 percent. Ten percent or more on most of the rest. (Warren letter to J.M. Smucker, Mar. 11, 2026)

Companies did what companies do. They raised prices and told you why. Coffee went up 18.4 percent in a year. (BLS, cited in the Warren letter, Mar. 11, 2026) The Tax Foundation put the cost at about $1,000 per household for 2025. (Tax Foundation, cited in the Warren letter) The New York Fed found American businesses and consumers paid 90 percent of the tariff bill, not foreign exporters. (Federal Reserve Bank of New York, cited in the Warren letter)

That was the tax. Ugly, but honest in its way. The government charged it, the store passed it on, you paid it.

On February 20, the Supreme Court decided a case called Learning Resources v. Trump. The holding fits in one sentence: the emergency powers law "does not confer authority to impose tariffs." (Skadden client alert on the decision, April 2026)

Read that again with your grocery bill next to it. The tariff that raised your coffee, your shoes, your kid's school supplies, was collected without legal authority. All of it. About 53 million import entries from 330,000 companies. (Skadden, April 2026)

So the government has to give the money back. Customs and Border Protection built a portal for it. The refunds go to whoever paid the duty at the port. The importer of record. (Skadden, April 2026)

Not you. The company.

Who is in the refund line

Warren's office wrote to seven companies on August 7 and put the numbers in the letters. Walmart is expected to receive up to $10.2 billion. Apple has reported $2.2 billion. Target may be eligible for $2.2 billion. Amazon booked $600 million in a single quarter. Energizer, the battery company, got about $50 million. (Warren press release, Aug. 7, 2026)

These are the same companies that spent 2025 explaining to you, in press releases and earnings calls, that prices had to go up because of tariffs. The explanation was true. Then the tariff was ruled illegal, the money came back, and the price did not.

If the tariff was the reason for the price, and the tariff was refunded, where is your refund?

I spent years in campaign rooms writing the line that goes "companies will pass the savings on to consumers." Nobody at the table believed it. We wrote it anyway because it polled. I am not writing it today.

The deep cut: Folgers

The clearest case is a coffee company in Orrville, Ohio. J.M. Smucker owns Folgers, Dunkin' at-home, and Café Bustelo. It raised coffee list prices more than 20 percent in fiscal 2026 and said the tariffs were why. (Supply Chain Dive, Nov. 2025)

On Wednesday, Smucker reported its first quarter. Tariff refunds received: $115 million. Coffee segment profit: $300 million, up 124 percent from a year earlier. Full-year earnings guidance raised. Stock up about 4 percent before the open. (Smucker Q1 FY2027 earnings call, Aug. 26, 2026; BNN Bloomberg, Aug. 26, 2026)

An analyst asked whether list prices would come down. The answer, from the transcript: the company has "not crossed key thresholds that would actually justify" a cut. (Smucker Q1 FY2027 earnings call transcript, Aug. 26, 2026)

Warren asked Smucker in March, in writing, what it planned to do with tariff refunds. That letter is still sitting on the Banking Committee website. The earnings call answered it. (Warren letter to Smucker, Mar. 11, 2026)

How the playbook works

  1. Announce the tariff loudly. Every company gets a free, credible reason to raise prices, and the President gets to look tough.

  2. Raise the price and name the tariff. The customer is angry at Washington, not at the store. That anger is worth more than the margin.

  3. Lose in court quietly. The ruling gets one news cycle. The refund portal gets none.

  4. Collect the refund as the importer. The law sends the check to whoever paid at the port. The customer who paid at the register has no standing.

  5. Keep the price until "thresholds" are crossed. Nobody defines the threshold. Nobody has to.

You paid twice. Once at the shelf, and once as the taxpayer whose Treasury is wiring the refunds. The company got paid twice too, and kept both.

Who eats the cost

The family that switched to store-brand coffee in March. The small importer that paid the duty, went under, and will never file the refund claim. The retailer who ate the increase to keep customers and is now watching Walmart collect $10 billion. The refund line was built for the companies with lawyers. It was built that way on purpose, and it was built in a hurry.

This is the part Democrats keep missing. Corruption is not always a bribe. Sometimes it is a rule that sends $100 billion to the people who already had the most, while everyone who paid for it is told to be patient.

Forward this to one person who still thinks the tariff was paid by China.

Watch · Burn the Playbook

Sources

  • Sen. Elizabeth Warren, press release (primary). Letters to Walmart, Apple, Target, Amazon, Nike, Motorola, Energizer on tariff refunds; $166 billion collected, $100 billion refunded as of Aug. 4; company figures. Aug. 7, 2026. source

  • Senate Banking Committee, Warren letter to Mark Smucker (primary). Tariff rates, BLS coffee price data, Tax Foundation and New York Fed cost estimates, five questions including refunds. Mar. 11, 2026. source

  • Skadden, Arps. Client alert on Learning Resources, Inc. v. Trump (decided Feb. 20, 2026), the holding, and the CBP refund mechanism to importers of record. April 2026. source

  • Penn Wharton Budget Model. IEEPA tariff revenue of $164.7 billion, Jan. 2025 through Jan. 2026, and refund projection. Feb. 20, 2026. source

  • J.M. Smucker Q1 FY2027 earnings call transcript (primary). $115 million refund, coffee segment results, "key thresholds" quote. Aug. 26, 2026, via The Motley Fool. source

  • BNN Bloomberg (Reuters). Smucker guidance raise, refund total, share move. Aug. 26, 2026. source

  • Supply Chain Dive. Smucker's 20-percent-plus coffee price increases and the cancelled third hike after the November exemption. Nov. 2025. source

Burn Notice: The refund check was real. It just had someone else's name on it.

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