Is the US shooting itself in the foot by banning Huawei?

Italy is resisting pressure from the United States by allowing Chinese telecommunications equipment maker Huawei Technologies to participate in the rollout of its 5G telecommunications network.

Last month, Sweden's Ericsson and former Italian state telecommunications monopoly Telecom Italia inaugurated Italy's first 5G-connected airport at Rome's Fiumicino, the country's largest. But the rollout is just getting started.

During a visit to China in late April, Italian Prime Minister Giuseppe Conte vowed that Huawei would not face any discrimination in Italy. During his visit, Conte met with Huawei Chief Executive Ren Zhengfei in Beijing.

"I told him we have adopted some precautions, some measures to protect our interests and that these demand extremely high levels of security," Conte said, according to Italian media reports. "But this is not just for Huawei, but for any company looking to join the 5G rollout."

Shorthand for "fifth generation", 5G refers to high-speed digital cellular networks that can support up to a million devices per square kilometer, compared to only around 4,000 devices per square kilometer for the previous generation service.

According to Raffaele Barberio, founder and director of Key4Biz, an online magazine focusing on the digital economy, the biggest use of 5G technologies is industrial.

There are just a few major companies in the world selling 5G radio hardware and 5G systems for carriers: Huawei and ZTE in China, Finland's Nokia, Samsung in South Korea and Ericsson in Sweden. Huawei is the largest of them, but the company is under scrutiny after the United States said that it would not use Huawei equipment because of security fears, and it encouraged its allies to follow suit.

"Every company has its security risks, every company is trying to do the same thing," Barberio told Xinhua in a recent interview. "But Italy cannot do the rollout without Huawei. The company has a quarter of the patents for 5G technology. If Italy sticks with the European companies it's just Nokia and Ericsson, and the rollout will be slower and the prices higher."

Innocenzo Genna, co-founder of Digit@lians, a network for professionals working in digital fields, agreed with Conte that Huawei should be able to participate in Italy's 5G rollout on equal footing with other multinational companies.

"Huawei's problem is a public relations problem," Genna said on Thursday. "Are there vulnerability risks with Huawei? Yes, there are, but that is true of every company."

Genna said it was important for Italy to be open to Huawei.

"Italy has a unique position among major western countries when it comes to China," Genna said, referring to Italy becoming one of the latest European countries to sign on to China's Belt and Road Initiative.

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• The US government did not make public why it is seeking to remove Cole, a former deputy attorney general in the Obama administration
• ‘We have seen no facts from the government that would justify disqualifying him and denying Huawei its constitutional rights,’ the company says

Huawei Technologies said it would “vigorously oppose” a US effort to disqualify its lead lawyer from defending the company in a lawsuit that accuses the Chinese tech giant of bank fraud and sanctions violations.

The US government is seeking to disqualify Huawei’s lead defence lawyer, James Cole – a former deputy US attorney general in the Obama administration – according to a filing on Thursday in US District Court in Brooklyn, New York.

In a letter to the court, prosecutors said they had filed a sealed, classified motion to disqualify Cole and expected to file a public version by May 10. The government did not make public why it is seeking to remove Cole.

A call requesting comment from Cole, a lawyer at Sidley Austin in Washington, was not immediately returned.

Huawei, in an emailed statement on Friday, said the firm chose Cole as its lawyer in 2017. “We have seen no facts from the government that would justify disqualifying him and denying Huawei its constitutional rights,” it said.

“Huawei will vigorously oppose the government's motion.”

The Chinese telecommunications giant, based in southeastern Shenzhen, Guangdong province, is facing two sets of indictments that include nearly two dozen counts of stealing trade secrets, violating economic sanctions and concealing its Iran business dealings via an unofficial subsidiary.

Huawei is also accused of defrauding HSBC and other banks by misrepresenting its relationship with the suspected front company, Skycom Tech Co Limited, in Iran.

The lawsuit gained public attention in December with the arrest of Huawei chief financial officer Sabrina Meng Wanzhou by Canadian authorities in Vancouver, Canada, in response to a US request for her extradition.

Washington has also been pressuring countries around the world to drop Huawei from their cellular networks, worried that its equipment could be used by Beijing for spying.

The company says the concerns are unfounded. In March, Huawei pleaded not guilty to a 13-count indictment that alleged it defrauded US banks.

At that hearing, US prosecutors said they used a special warrant to secretly gather information for proof of fraud and espionage by Huawei.

Assistant US Attorney Alex Solomon said the evidence, obtained under the US Foreign Intelligence Surveillance Act (FISA), would require classified handling.

Cole, who talked over most of the procedural decisions with the government’s lawyers, expressed concern about the slow progress of the case at the March hearing.

The next hearing is scheduled for June 19.

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manqiangrexue said:

And strength is the only way to resolve it. Racism only takes root when someone can perceive their own race to be superior... or at least not inferior. Those who cannot can sometimes hide under the cover of another nationality (for example a Vietnamese pretending to be American) to be racist against those more powerful than their home country. But when people look at a race that is dominant in the world in sports, technology, military and economy, the racism can really only be positive and is often intertwined with admiration. This Maori person can still be racist against the Chinese despite having a Chinese wife because he views his marriage as his conquest and has no respect for her. Greater understanding and coexistence is not the solution; that is how weak countries gain pity. As I said, the solution is to gain respect through strength.

For example, Chinese people are often derided in America, but among American fans of Olympic weightlifting, China is seen as positive and a great source of admiration. Americans pay tens of thousands of dollars to travel to China to learn Chinese weightlifting, wearing shirts and shoes that say, "Team China." There are often comments of white people saying that Chinese people are genetically superior or that they are the next evolution of mankind. Why? Because Chinese weightlifting is unparalleled in the world. Sometimes at World level competitions, Chinese weightlifters can win more gold medals than the rest of the world combined. While some countries like Kazakhstan, Bulgaria, Azerbaijan may experience spurts of gold medal rushes, they are ALWAYS, INVARIABLY ended by huge drug busts. China has always been there and always been at the top, even when Chinese athletes all test clean and their rivals all fail drug tests. Chinese weightlifters lift weights that Americans cannot even dream of. And because of this strength, Chinese culture and genetics are revered and idolized in the weightlifting community. In a country that pervades the myth that Chinese goods are of inferior quality, Chinese weightlifting gear is seen as the gold standard, intelligently designed for superior athletes. To wear Chinese ANTA weightlifting shoes to the gym is to drive a Mercedes; to wear a pair signed by a Chinese champion is to drive a Lamborghini. Nike and Adidas shoes are Camrys and Accords, nothing special. Chinese weightlifters never reached out to them for friendship; they never tried to spread their culture or communicate understanding/tolerance, but they silently rose to the top of people's hearts because they are strong. This is the solution for China for every field in the world.

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manqiangrexue said:

And strength is the only way to resolve it. Racism only takes root when someone can perceive their own race to be superior... or at least not inferior. Those who cannot can sometimes hide under the cover of another nationality (for example a Vietnamese pretending to be American) to be racist against those more powerful than their home country. But when people look at a race that is dominant in the world in sports, technology, military and economy, the racism can really only be positive and is often intertwined with admiration. This Maori person can still be racist against the Chinese despite having a Chinese wife because he views his marriage as his conquest and has no respect for her. Greater understanding and coexistence is not the solution; that is how weak countries gain pity. As I said, the solution is to gain respect through strength.

For example, Chinese people are often derided in America, but among American fans of Olympic weightlifting, China is seen as positive and a great source of admiration. Americans pay tens of thousands of dollars to travel to China to learn Chinese weightlifting, wearing shirts and shoes that say, "Team China." There are often comments of white people saying that Chinese people are genetically superior or that they are the next evolution of mankind. Why? Because Chinese weightlifting is unparalleled in the world. Sometimes at World level competitions, Chinese weightlifters can win more gold medals than the rest of the world combined. While some countries like Kazakhstan, Bulgaria, Azerbaijan may experience spurts of gold medal rushes, they are ALWAYS, INVARIABLY ended by huge drug busts. China has always been there and always been at the top, even when Chinese athletes all test clean and their rivals all fail drug tests. Chinese weightlifters lift weights that Americans cannot even dream of. And because of this strength, Chinese culture and genetics are revered and idolized in the weightlifting community. In a country that pervades the myth that Chinese goods are of inferior quality, Chinese weightlifting gear is seen as the gold standard, intelligently designed for superior athletes. To wear Chinese ANTA weightlifting shoes to the gym is to drive a Mercedes; to wear a pair signed by a Chinese champion is to drive a Lamborghini. Nike and Adidas shoes are Camrys and Accords, nothing special. Chinese weightlifters never reached out to them for friendship; they never tried to spread their culture or communicate understanding/tolerance, but they silently rose to the top of people's hearts because they are strong. This is the solution for China for every field in the world.

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Lnk111229 said:

A part you say about Vietnamese pretend to be American is not true. As Vietnamese my self i can say some of my people prefer American because they rich, they know way to marketing themselves as superior peace love nation via Hollywood, Pop culture, power influence, etc. That it just prefer not pretend. Our Vietnamese have own and long history, we are is we are, not American not Brit not French. Vietnamese who live in foreign is foreigners. They not Vietnamese anymore. Do not presume us all. Just want to make clear to you. Our Vietnamese attitude towards Chinese always base on Chinese action, not on American or another country will. Peace.

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manqiangrexue said:

I'm sorry; don't take it personally! I used a Vietnamese person as an example because when I was thinking, it reminded me of a member long gone from this forum who had fought FOR the United States against Vietnam in the Vietnam War (I think his screen name was Gambit). His betrayal of his own blood left a great impression of disgust upon me so I used him as an example. I really could have said any country, India, Philippines, Poland, Japan, Mexico, etc... The emphasis is on this type of person who betrays his people for a comfortable life and easy way out, and that type exists in every nation including China. I never meant to single out Vietnam.

I have no ill feeling or disdain towards the Vietnamese. You are our Asian brothers and you are known to be a small country with admirable fighting spirit. Stand by China and join us to raise up the might of Asia.

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manqiangrexue said:

I used a Vietnamese person as an example because when I was thinking, it reminded me of a member long gone from this forum who had fought FOR the United States against Vietnam in the Vietnam War (I think his screen name was Gambit). His betrayal of his own blood left a great impression of disgust upon me so I used him as an example.

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Lnk111229 said:

Thank you to clear me out. Guy you mentioned in Vietnam we call them "ba sọc" or " three stripes" because those flag of South Vietnam in pre 1975. I know clearly those guys. Just bunch of loser, so call used to have top ten army of world, have structure and equipment of number 1 army (U.S army) and still be beated by rice farmer who eat rice ball and nutrients bar. I highly recommend you not waste precious time to them. Heck those loser take video of armored vehicles roaming in Hanoi street to rescued storm and flood disaster and edit title to call it a coup of Vietnam army.

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U.S. prosecutors have filed a legal motion that if granted would see Huawei's lawyer James Cole forcibly removed from a case currently being conducted in a New York court. The legal proceedings involve accusations that Huawei conducted business which violated U.S. sanctions on Iran, even though most absurdly, there is nothing in international law, Chinese law nor Iranian law which prohibits commerce between China and Iran.

The matter reached a critical situation when in December of 2018, Huawei's CFO Meng Wanzhou was arrested by Canadian authorities on the order of Washington in relation to the current legal proceedings in New York. This extraordinary situation shocked the world as Meng had not violated any Canadian laws. This last point was specifically mentioned by John McCallum, Canada's former ambassador to China who was relieved of his duties by the Trudeau government after making a calm and objective statement about Meng's terrible and deeply unfair ordeal.

Now the issues surrounding Meng's detention and Huawei's reputation in the United States will be heard by an American judge, but the fate of Huawei's lawyer James Cole remains a major issue. Although prosecutors have not publically stated why they are seeking Cole's removal, a look at Cole's background offers an indication as to why prosecutors have resorted to this unusually desperate move.

Between 2010 and 2015, Cole was second in command at the U.S. Justice Department. During this period, Cole and his colleagues investigated Huawei's alleged commercial relations with Iran but no legal actions were taken as a result.

At the end of this period, the United States along with China, Russia, Britain, Germany, France, and the EU as a whole agreed to the Joint Comprehensive Plan of Action (JCPOA), otherwise known as the Iran nuclear deal. This deal still remains in effect among all parties to the agreement with the exception of the United States which last year unilaterally withdrew over the objections of UN experts.

Cole is also known for taking steps which eventually led to U.S. telecom giant AT&T dropping its plans to acquire the rival T-Mobile. When taken as a whole, it appears that Cole has a great deal of experience when it comes to legal issues involving telecom companies. Because of this, it becomes obvious why Huawei chose him to be their lawyer in his private capacity as a partner at the private law firm Sidley Austin.

Given this background, it seems absurd that prosecutors are seeking to prohibit James Cole from representing Huawei. Cole is a lawyer in good standing and had a perfectly respectable record at the Department of Justice.

Furthermore, simply having expertise in a certain area does not create a conflict of interest. On the contrary, lawyers taking on highly intricate legal matters are expected to have some commercial or forensic expertise so they are able to fully understand the evidence brought before them. This, for example, is why good lawyers who litigate on car safety issues will generally have some knowledge of the mechanics of motor vehicles and it is also why criminal defense lawyers tend to require some knowledge about crime scene forensics.

All of this naturally leads one to conclude that prosecutors want Cole removed because he is too qualified to handle the case, something that is both a legally incorrect position and one that would be laughable if it were not so worrying.

Just as major U.S. companies including Apple and Qualcomm have put their faith in the Chinese justice system, so too has Huawei put its faith in the U.S. justice system. In spite of this, it would appear that there is a political motivation among prosecutors to weaken Huawei's American constitutional right to full legal representation through a bizarre attempt to remove James Cole from the case.

If Cole is removed, this would not only indicate a wider attempt to politicize justice when it comes to Huawei receiving what is supposed to be a fair trial, but it would also be highly damaging to the reputation of the U.S. justice system internationally.

If one is not allowed to instruct the lawyer of one's choice, especially if the lawyer happens to be someone with the prominent reputation of James Cole, the resulting conclusions that are naturally drawn make the U.S. justice system appear to be lopsided against a foreign defendant.

Part of any rules-based system of international commerce necessitates access to a fully fair judicial system. Now, however, New York prosecutors seek to make a mockery of this important concept by launching a motion against Huawei's lawyer.

The grotesque treatment of Meng Wanzhou in Canada and now the attempt to remove James Cole from Huawei's legal case in the United States is starting to make an already tense situation appear to have sinister overtones. The sooner these issues are resolved in a spirit of fairness and justice, the better it will be for Huawei and all other interested parties.

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AssassinsMace said:

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If the US doesn't like your lawyer you picked to defend yourself against the US government, they'll just deny your right to choose a lawyer. If you had a solid case, you wouldn't have to worry about who the opposing lawyer is.

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