Thursday, December 13, 2018

The Detention of Huawei’s CFO is Legally Justified. Why Doesn’t the U.S. Say So? | Lawfare

On a related note, see China Arrests a 2nd Canadian, Escalating Diplomatic Feud | NYT
"While it is tempting to ignore histrionic Chinese claims that Meng has been denied due process and basic legal rights, the complexity of the legal process surrounding Meng’s detention has allowed China’s government to sow doubts about the legal legitimacy of the arrest. Indeed, the complete silence by the U.S. Department of Justice on the matter has only made it more difficult for the U.S. government to push back against the Chinese government’s increasingly ridiculous statements and demands. Meanwhile, President Trump’s recent statement that he would consider intervening in the proceeding for trade or national security reasons has only further confused the already muddled U.S. government message about the Meng case.

This ambiguity undermines one of the important policy goals behind pursuing this prosecution in the first place: enforcing neutral legal standards to punish and deter both Chinese governmental and individual wrongdoing. This post will clarify the legal basis for Meng’s detention and eventual prosecution as well as rebut the often ridiculous (not to mention hypocritical) attacks by the Chinese government and media."
The Detention of Huawei’s CFO is Legally Justified. Why Doesn’t the U.S. Say So? | Lawfare

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