The Huawei Arrest: How It Likely Happened and What Comes Next
Document Type
Article
Publication Date
12-10-2018
Publisher
New York University School of Law
Language
en-US
Abstract
Canada’s recent arrest of Meng Wanzhou, chief financial officer of Chinese telecoms giant Huawei, has abruptly revived fears of a trade war between the United States and China. Indeed, this single arrest has potentially thwarted recent G-20 diplomacy between the world’s two largest economies. The case thus dramatically exemplifies “foreign affairs prosecutions,” or U.S. criminal cases involving a foreign country. Cases such as these—often involving fugitive apprehension abroad—are characterized by prosecutorial decisions with foreign policy ramifications. But should they be treated as foreign policy cases, where the executive branch gets special deference? Or as federal criminal prosecutions subject to strict and searching judicial scrutiny? This post asks how the arrest happened and why recognizing this case as a foreign affairs prosecution clarifies what comes next.
Recommended Citation
Steven A. Koh,
The Huawei Arrest: How It Likely Happened and What Comes Next
,
in
Just Security
(2018).
Available at:
https://scholarship.law.bu.edu/shorter_works/202
Publisher URL
https://www.justsecurity.org/61799/huawei-arrest-happened/
