Is the U.S. entity ban against Huawei against the rule of law? Huawei hasn’t been formally charged or convicted in any court of law and not a single evidence hasn’t been presented to prove Huawei devices being used to spyi or being a threat to U.S. national security, yet Huawei was heavily punished. Doesn't that violate due process laws?
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1Which law? Who's enforcing it?– IllusiveBrianCommented May 23, 2019 at 1:56
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1You don't think the US has the authority to control which commercial products are allowed to be brought to the US across national borders?– grovkinCommented May 23, 2019 at 6:13
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2 Answers
I believe you are using rule of law when you mean due process. The former refers to equality before the law and the subjugation of executive government to the law while the latter refers accepted measures of justice and fairness in the administration of the law and, in the United States, to the supremacy of the judiciary over the legislature (the situation is reversed in the UK).
Assuming that to be the case, the due process clause in the fifth amendment provides that "No person shall ... be deprived of life, liberty, or property, without due process of law ...". That is, actions against Huawei must only be taken as permitted by the law.
The law that permits the President to institute the Huawei ban is the International Emergency Economic Powers Act. As such, at face value, this is a legitimate exercise in executive power. Huawei has the right to challenge the ban in US courts, as such, they have been afforded due process.
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So it wouldn't be against the rule of law to ban any company on a simple whim without the weighing of evidences? And it wouldn't be against due process as long as we allow them to challenge the ban in court?– SayamanCommented May 26, 2019 at 21:46
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@blackbird if the law required discretion and such discretion wasn’t applied then it would be against the law. If the law did not allow appeal on that basis it would be against due process. An action can be unlawful without violating due process.– Dale M ♦Commented May 26, 2019 at 22:30
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So are you saying, because the law just allow the president to do this, it's completely not against the rule of law that the president acts as the judge, jury and executioner in this case?– SayamanCommented May 26, 2019 at 23:00
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@blackbird but the President doesn’t- his decision is subject to judicial review– Dale M ♦Commented May 26, 2019 at 23:20
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Really? Then did he provide the evidence that proved that Huawei was a security threat to the U.S.? Is there any public record of the proceedings?– SayamanCommented May 26, 2019 at 23:54
The premise of the question is invalid. Huawei has been formally charged in court.
And they've also already lost in court:
No evidence? Here's some:
and a report on much much more:
