Some President Trump bargaining chips may put the United States in jeopardy.( 中文版將於02/18/2019發布)

These two large-scale US prosecutions against Huawei are more like another President Trump’s trade war bargaining chip than the rule of law.

President Trump believes that he can use Huawei as his bargain chip while squashing Huawei growth, killing two birds with one stone.

NY district attorney alleged Huawei bank fraud occurred in or about July 2007 and superseding indictment filed in or about July, 2007. It is quite lengthy, almost 12 years, to look for additional information against defendant or defendants. The criminal complaint filed by US attorney Eastern District of New York on January 24, 2019, it alleged that the defendant with others, did knowingly and defeating conspire to defraud US by impairing, impeding, obstructing and defeating, through deceitful and dishonest means, yet US government attorney did not provide any evidence, such as the witness’ statement or relevant document attached to the complaint to support his allegations. US attorney, Eastern District of New York, should provide any witness statement or legal document to prove his case; otherwise his criminal complaint is weak here. For an example, where is a legal document proved that Huawei owned or operated Skycom? Furthermore, US prosecutor claimed that both Skycom and Huawei are corporations, unless the US prosecutor can prove otherwise, Skycom and Huawei are regarded as separate legal entities and are recognized as such in law in US. Defendants, Huawei, Skycom or Ms. Meng, or their attorneys should inspect, if any, relevant written, recorded statement or signed document by the defendants, if: statement or document is within the US governments possession, custody, or control; and the attorney for the government knows—or through due diligence could know—that the statement or document exists. In particular, the US government intends to use the statement or document in its case-in-chief at trial.

The allegation contained in paragraph one to 26 no evidences were presented or any person called to give evidence, the legal term of the witness of the grand jury,  that Huawei misrepresented to US government. In addition, there are no victims. US banks, claimed misled by Huawei, have not been harmed or suffered pecuniary damages as a result of Huawei’s action. The burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt, or the district attorney alleging the contention must prove that the contention is substantially more likely than not that it is true.

My advice to President Trump is that its not the best interest of the United States to use Taiwan as a bargaining chip with China.  The United States can trap itself into a dangerous situation. Taiwan Democratic Progress Party and many their supporters erroneously hope that if China unifies Taiwan by force the United States and Japan will come to defend Taiwan.  Under the encouragement of  President Trump and his administration’s reckless rhetoric, Taiwans current ruling party or the DPPs provocative behavior against China has become increasingly fierce and out of control.  Taiwan’s current ruling party falsely assume that Taiwan is of such strategic importance to US and Japan that they will consequently defend Taiwan at all costs.

Beyond cheap rhetoric, the core question is how much American blood must be spilled to fight an unwinnable Taiwan Strait war?  During the Korean War United States together with other 16 major countries which included Britain, France, India, Canada, Australia, and Japan, plus 41 minor countries formed the most potent force with advanced equipment and supplies as well as West’s deep field combat expertise inherited from WWII to fight against an ill-equipped and poorly supplied Chine force.  Closely short of resorting to nuclear weapon, the U.S.-led U.N. force still lost the war to China.

Moreover, how long can Taiwan withstand a full scale attack from mainland China?  How many in the Taiwanese military are willing to fight against China to protect what viewed by many as irresponsible and recklessly immature politicians in Taiwan?  If Taiwan cannot withstand more than several weeks of Mainland Chinese assault, then such military offensive will not substantially hurt China’s economic or international political standing.  Further, in case of such military offensive against Taiwan, the US will garner very limited international support but will be pointed at instead as the hegemonic provocateur as the international geopolitical landscape has changed vastly since the Korean War days. 

The fact of the matter is that as long as the United States does not involve itself in the Taiwan Strait conflict, Taiwan and China will sort out and solve their own problems peacefully.  A clear example of the United States’ counter- productive meddling in Taiwan’s internal affairs is when Americans notably such as Mr. Ethan Gutmann and the head of American Institute in Taiwan brazenly tried to sway the 2018 Taiwan midterm election in favor of the incumbent DPP party.  But in the end, DPP lost it all including the DPPs stronghold of Kaohsiung.

CC.: President Trump, leader of China and Taiwan and leaders of the countries indicated in this article as well as Chinese media.

Jennie PC Chiang/江佩珍, 美國