Detention of Meng Wanzhou - CFO of Huawei

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NDPP

Meng Wanzhou's Lawyers Back in Court, Will Try to Prove She's a Victim of Conspiracy*

https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-legal-privi...

"Lawyers for Meng Wanzhou will appear in BC Supreme Court Monday in a bid for information they believe will establish that the Huawei executive was the victim of a conspiracy between US and Canadian law agencies. The arguments around alleged collusion between agencies are one of three lines of challenge the defence ultimately plans to make in a bid to have the case tossed. Meng's lawyers also claim she is being used as a political pawn by US President Donald Trump, and that the US misrepresented crucial facts of the case against her in the initial set of documents used to justify her arrest for extradition. Although the court has adopted a streamlined schedule, Holmes is not likely to reach a conclusion on extradition until late next year..."

*Seems obvious:

US Blacklists 38 Huawei Affiliates

https://on.rt.com/aof5

Pompeo calls on allies to take similar measures to protect 'international stability'..."

NDPP

Meng Wanzhou returns to court as US election focus and political pressures mount

https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-huawei-reco...

"...Legal observers say this week's hearings are unlikely to sway the [Liberal appointed] judge, given the nature of Canadian extradition law. But they believe Canada's justice minister will face increasing pressure  to intervene due to allegations of political interference and China's ongoing detention of Canadians Michael Kovrig and Michael Spavor.

Meng has accused US President Donald Trump of using her as a bargaining chip in a trade war with China. She also claims Canadian and American authorities mounted a criminal investigation against her, sharing information from her electronic devices and questioning her for three hours before she was officially arrested - contrary to the instructions of the judge who issued the extradition warrant.

Starting Monday, Meng's lawyers hope to convince Associate Chief Justice Heather Holmes that claims about the US allegedly misleading the court also meet the threshold needed for consideration as an abuse of process worthy of ending the proceedings. The defence team claim the US provided the judge with a skewed version of events by omitting facts that prove HSBC didn't rely on Meng's assurances to decide the bank wanted to keep financing Huawei..."

 

Many resonances with the Julian Assange extradition trial underway in London. Both are examples of subservient vassal court systems turning tricks for  imperial Washington in outrageous and obvious violation of their own guidelines such as refusing extradition where it is obvious 'political' considerations are involved. In both cases vicious and sustained smear and disinformation campaigns manufacture consent for both kangaroo courts to do their dirty work with little criticism or protest. A compliant and complicit concierge media as always assists.

kropotkin1951

NDPP wrote:

Meng Wanzhou returns to court as US election focus and political pressures mount

https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-huawei-reco...

"...Legal observers say this week's hearings are unlikely to sway the [Liberal appointed] judge, given the nature of Canadian extradition law.

WTF kind of stupid, brain dead comment was that to add to a good article explaining that any Judge in our court system is likely to not stay the proceedings because our Extradition law is totally fucked. Do you have any kind of evidence or even a substantive rumor to back up the implication that the Judge in this case is corrupt or is this a new trend in comments; red herrings jumping down rabbit holes.

NDPP

Oh I forgot it's only in the US Supreme Court and the replacement of Ruth 'one-black-intern-in-30 years' Ginsburg, where the party that names judges matters, not in the impeccably politically impartial bench of BC. But never mind, I'm sure you'll be very popular with the rednecks for your little outburst anyway.

kropotkin1951

Fuck of NDPP. If you can't see the difference between how our judicial system appoints it Judges and the US system it only shows how superficial your analysis is. All Judges in Canada have been appointed by either Liberal or Conservative governments so if that is the only criteria for claiming they are corrupt and will judge along party lines then we have one fucked up system but that is far from reality and your over the top comments don't actually help any debate about our judiciary and the extradition case.

NDPP

You fuck off BC lawyer and take your pollyanna legal fiction BC bullshit with you.  I've seen close up and personal the malevolence of your BC judges defending the interests of their political masters and am quite well acquainted both with the machinations of their selection and the behind the scenes orchestration of the cases these judicial hitmen sit upon.   Crooked as a dog's hind leg. Both of these cases at item are clearly and manifestly tainted by their overtly political nature and thereby entitled to disqualification.  Both defendants are being tried for offenses not criminal in the jurisdictions in which they are being tried. Yet both judges have wilfully ignored these caveats in order to fulfill their political marching orders which are to deliver Julian Assange and Meng Wanzhou to the tender mercies of Washington and nothing but nothing, especially the law is going to stop them. Because that's the way the power relations work. These are fixed games with pre-determined outcomes whether you know it or not.

Michael Moriarity Michael Moriarity's picture

My recollection, from my lawyering days back in the 1970s, is that you could tell the party a judge had supported before being appointed by who gave him the job, but you couldn't tell which party a judge had been appointed by from the the legal principles they applied in their judgments. This may be somewhat less so now, but I agree with krop that the judiciary here in Canada is not nearly as partisan in its decisions as it is in the U.S.

kropotkin1951

NDPP thanks for your intelligent and mannered debate. I can see why you are so influential at persuading others to your point of view. You are an American Exceptionalist at heart. You believe theirs is the only system worth understanding so you can't be bothered with the differences between it and other judiciaries. There are lots of US wannabes on the left in Canada.

NDPP

Update: lawyers of Meng accuse US of misleading Canada. HSBC accused of playing US accomplice

https://www.globaltimes.cn/content/1202401.shtml

"The case is purely politically driven and HSBC is playing the role of Washington's accomplice, some observers said. The lawyers of Meng explained that there are 3 branches of abuse of judicial process including the political nature of the case, the abuse of power in law enforcement procedures during the arrest of Meng at Vancouver airport and material omissions and misrepresentations in the record of the case."

 

US misled Canadian court about Meng case so she must be freed: lawyers

https://twitter.com/Schlakman/status/1310723003550965760

"Anyone paying attention to the fact that the US is now involved in two high profile cases to extradite non-US citizens? Not just Free Julian Assange but now also Meng Wanzhou."

NDPP

Meng Wanzhou's Lawyers Claim US Tried to 'Trick' Judge in Extradition Case

https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-record-tric...

"A lawyer for Meng Wanzhou accused the US Wednesday of abusing the privileges of its extradition treaty with Canada to try to deliver the Huawei executive to New York on a faulty set of facts. In a final bid to BC Supreme Court Associate Chief Justice Heather Homes, Frank Addario told the judge she should hold a detailed hearing on allegations the US misled the court by omitting key components of the case that undermine allegations of fraud against Meng.

Holmes reserved her judgment Wednesday after two and a half days of hearings. Holmes did not say when she expects to deliver a decision on the defence's applications. Meng is next set to appear in court at the end of October, when a week of hearings has been set aside for her lawyers to question the police officers and border agents who detained her at Vancouver airport on Dec.1, 2018. Meng's lawyers claim Canadian authorities gave information about her laptop, phones and tablet to US authorities in what amounted to a covert criminal investigation. A hearing is set for February on those allegations, along with allegations that Meng is being used as a bargaining chip by US President Donald Trump in a trade war with China..."

As with the Assange extradition case, evident and obvious collaboration by vassal authorities with the American overlords  operations against its chosen political targets.

NDPP

HCSW: Statement on 'Free Meng Wanzhou'

https://hamiltoncoalitiontostopthewar.ca/2020/09/30/hcsw-statement-on-fr...

"...These judicial actions against Meng are unjust, politically motivated by the USA, and contrary to the national interests of Canada. Consequently, our Coalition demands that the Government of Canada drop the extradition proceedings against Meng and release her at once. What the US is trying to do, through the extradition of Meng [and Julian Assange] is to apply the extraterritoriality to its international relations, that is, trying to force other countries to abide by domestic US laws.

The US indictment against Meng was approved by a court in New York state on Aug.22, 2018, and the US tried unsuccessfully following that date to pressure literally dozens of countries, through which Meng travelled, to arrest her. Every single country refused until Meng arrived in Vancouver on Dec 1, 2018 and Trudeau [Freeland] slavishly acceded to the allegedly 'urgent' extradition request..."

NDPP

Judge Upholds Majority of Canada's Privilege Claims in Huawei CFO's US Extradition Case

https://twitter.com/justinpodur/status/1314732696795480064

"I am just so glad Meng Wanzhou is trapped in a state with the rule of law and not a Kafka trial where she can't see the evidence against her. Because that would be authoritarian."

Liberal appointed, Associate Chief Justice Marilyn Homes is a 'safe' judge who sits on this case precisely because she can be trusted to do the right thing as demonstrated by steering it to its intended destination. Her British counterpart, in her London kangaroo court, sitting on the US extradition case of Julian Assange can also be trusted to deliver the intended victim up to the tender mercies of  Washington. This despite the supposed exemption of such outcomes where cases are of an obvious 'political nature'. Naturally both judges have already ruled their cases to be no such thing.

NorthReport
NDPP

[quote=NorthReport]

https://vancouversun.com/news/local-news/border-services-officer-shocked...

 

[quote=NDPP]

The little northern vassal that could: the Canamerican stitch-up of China's Meng Wan Zhou.

NorthReport
Pondering

I think they are getting ready to release her a few months after Trump is out of office. 

NDPP

Perhaps. There are definite indications the trajectory of the case is now being steered in a direction more open to defence arguments. We'll see where this is going in February.

kropotkin1951

Inside the CBC article was a link to the case. It is a little long however for those interested it sets out the issues extremely well because Meng is basically claiming that the US case itself is a fraud on the Canadian courts and should be rejected without being heard.

[13]         As Ms. Meng seeks to do by way of this application, a person sought may challenge the sufficiency of the requesting state’s evidence by tendering their own evidence to establish that the record of the case is manifestly unreliable:  United States v. Bennett, 2014 BCCA 145 at para. 18.

[14]         Section 32(1)(c) of the Extradition Act allows for this if, in the language of that provision, the proposed evidence “is relevant to the tests set out in subsection 29(1)”, and “the judge considers it reliable”.  The person sought must therefore show that the proposed evidence is both reliable and relevant before the evidence may be admitted:  M.M. v. United States of America, 2015 SCC 62 at para. 74.

[15]         The reliability requirement is a modest one.  Justice Cromwell helpfully explained it as follows (M.M. at para. 75):

The reliability requirement means that the evidence must possess “sufficient indicia of reliability to make it worth consideration by the judge at the hearing”: Ferras, at para. 53. This “threshold reliability” requirement is not an onerous standard. It imposes “no greater evidentiary hurdle to the person sought” than the evidentiary requirements governing the requesting state: ibid.

[16]         In this case, the requesting state concedes that all of the evidence Ms. Meng seeks to adduce is reliable evidence.  I will therefore discuss the reliability requirement no further, and will turn instead to the relevance requirement.

[17]         For that requirement, relevance relates not to the guilt or innocence of the person sought, but rather to the matter for determination in the extradition hearing, namely whether a prima facie case is established that the person sought committed the offence set out in the authority to proceed – in this case, fraud.  For that reason, evidence will almost never be admitted if it is adduced for purposes relating to, for example, the credibility of witnesses, or the weight of evidence, or to offer defences or inferences or explanations alternative to those suggested by the requesting state’s evidence.  Those purposes are not relevant to the task of the judge in the extradition hearing, which is limited to determining whether a prima facie case is established.

[18]         Justice Fitch (then of this Court) in India v. Badesha, 2013 BCSC 2260 at para. 28, expanded on the types of evidence that courts in British Columbia have consistently refused to admit because they are irrelevant to the question on committal:

Since Ferras, Mach and Anderson courts in British Columbia have consistently refused to admit under s. 32(1)(c):  proposed evidence inviting the extradition judge to consider “alternative explanations for the certified evidence, to make findings of credibility, or weigh defence evidence comparatively against that of the requesting state” (see United States of America v. Multani et al., unreported (30 August 2007) Vancouver Registry #23818 (S.C.) at para. 13, United States of America v. Graham, 2007 BCCA 345, 222 C.C.C. (3d) 1, per Hall J.A., concurring in the result, at para. 41, and United States of America v. U.A.S., 2013 BCCA 483 at para. 44); evidence that would only “supplement the evidence of the requesting state with an innocent exculpatory explanation” which, if it is accepted or gives rise to reasonable doubt, could lead to an acquittal at trial (see United States of America v. Graziani, 2007 BCSC 178 at para. 10 and Edwards, at paras. 4 and 35); and evidence of an innocent explanation or evidence that might found an inference inconsistent with guilt in a circumstantial case where that evidence does not render the requesting state’s evidence manifestly unreliable or otherwise lay a foundation to dispute that the prosecution will be in a position to lead the evidence constituting its case against him (United Kingdom v. Aziz, 2013 BCCA 414 at paras. 36-37).

[19]         To meet the relevance requirement, the person sought must generally establish that the evidence, taken at its highest, is realistically capable of satisfying the exacting standard required in order to justify refusing committal on the basis that the requesting state’s evidence is unreliable.  In M.M. at para. 78, Cromwell J. described the standard as follows:

I conclude that in order to admit evidence from the person sought, directed against the reliability of the evidence of the requesting state, the judge must be persuaded that the proposed evidence, considered in light of the entire record, could support the conclusion that the evidence essential to committal is so unreliable or defective that it should be disregarded.

[20]         Nonetheless, there may be some very rare and unusual cases where evidence of a type normally considered irrelevant to the extradition judge’s task may be admitted if it could meet the high threshold for demonstrating that the requesting state’s evidence is unreliable, justifying a refusal to commit.  Justice Cromwell explained in M.M. at para. 85:

This is not to say that courts must always reject evidence which (1) invites the judge to assess credibility, (2) establishes a basis for competing inferences, or (3) provides for an exculpatory account of events. It is possible that such evidence may in certain, and likely fairly unusual, cases meet the high threshold for showing that the evidence of the requesting state should not be relied on. Ferras leaves open the possibility that, for example, evidence of virtually unimpeachable authenticity and reliability which contradicts the ROC could rebut the presumption of its reliability and could justify refusal to commit. Such situations I would expect to be very rare.

[21]         In summary, “evidence that strikes directly at the reliability of the requesting state’s materials” is relevant to the s. 29 inquiry and will be admissible.  Evidence that is not realistically capable of challenging the threshold reliability of the requesting state’s case will not be received:  Lucero‑Echegoyan at paras. 15-16.

[22]         With those principles in view, I turn to consider the seven items of evidence Ms. Meng seeks to adduce.

https://www.bccourts.ca/jdb-txt/sc/20/16/2020BCSC1607.htm

Michael Moriarity Michael Moriarity's picture

That's a pretty well constructed factum. Not surprising given that Huawei has probably hired the best extradition lawyers in Canada. It would be great if this point won the case.

jerrym

I think there is a fair chance Trudeau and Biden after assuming the presidency will work something out to let her go in some facesaving manner because they have bigger fish to fry.

kropotkin1951

jerrym wrote:

I think there is a fair chance Trudeau and Biden after assuming the presidency will work something out to let her go in some facesaving manner because they have bigger fish to fry.

I love the fact that everyone understands that this is a politically motivated act that will be ended by political interference not the legal process, which is being subverted given the political nature of the arrest. The facade is slipping.

contrarianna

kropotkin1951 wrote:

jerrym wrote:

I think there is a fair chance Trudeau and Biden after assuming the presidency will work something out to let her go in some facesaving manner because they have bigger fish to fry.

I love the fact that everyone understands that this is a politically motivated act that will be ended by political interference not the legal process, which is being subverted given the political nature of the arrest. The facade is slipping.

Mostly agree, but the term interference itself suggests and an illusionary pre-existing independence of the judiciary which seldom exists when international affairs and state interests are involved.

Law and its process is the political handmaiden of the state which institutes it. From selective use of sanctions to such laws as the Magnitsky Act, the process is the tool which puts the lipstick on the pig. Meng's arrest and court proceedings were the result of state collusion, as will be its outcome.

The use of lawfare, politicized legal process, to effect political goals is accepted as the norm and was presciently predicted and endorsed in a right-wing article in 2017 as Trump's favourite means of aggression:

'Lawfare' Could Become Trump Tool Against Adversaries
By Steve Herman
January 24, 2017

STATE DEPARTMENT - Use of the law as a weapon of war may find favor with the Trump administration, according to some scholars and attorneys.

The concept is popularly known as "lawfare," and is used to reach strategic objectives traditionally achieved by the use of lethal weapons.

One lawfare specialist predicts the new U.S. president will find the practice familiar, noting Donald Trump's use of law as a weapon in his business.

Trump "sued his business adversaries some 1,900 times in the past decades, which, according to the study, is far out of proportion from what similar businesses were doing," said Arizona State University law professor Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies.
And if you look at quotes from Donald Trump, and you look at quotes from people associated with him, they see law as a weapon to be used to advance their business interests and crash their adversaries in business," he said.

The Trump administration is still putting into place its top layers at various agencies, including the State Department.

"I don't know what plans the Trump administration may have to incorporate lawfare into its foreign policy strategy, but if we have an opportunity to use law instead of more traditional weapons to address foreign policy issues, I'm all for it," said professor Charles Dunlap, executive director of Duke University's Center on Law, Ethics and National Security....

https://www.voanews.com/usa/lawfare-could-become-trump-tool-against-adve...

 

kropotkin1951

As Gerrard Winstanley said: "they make the laws to chain us well."

NDPP

Boom-Bust: Canadian Border Agent Questions Huawei CFO Over Wikipedia (and vid)

https://www.rt.com/shows/boom-bust/507249-astrazeneca-last-stage-vaccine...

@16:45: "Canada resumes its extradition trial for Huawei CFO Meng Wanzhou. 'US got Canadian authorities to conduct a search of the Chinese executive under conditions and terms that were not legal..."

NDPP

Free Meng Wanzhou

https://actionnetwork.org/events/free-meng-wanzhou

"In anticipation of the second anniversary of her arrest, join our online panel discussion to Free Meng Wanzhou, unjustly incarcerated by the Trudeau government at the request of the Trump Administration. You'll learn more from Canadian experts about her legal case, deteriorating relations with China, and the rise of Sinophobia in Canada - plus what you can do about it.

This event is being hosted by the Foreign Policy Institute, the Canadian Peace Congress, Just Peace Advocates, the Hamilton Coalition to Stop the War, and World Beyond War. The Canada Files is the official media sponsor..."

NDPP

Canada Should Release Meng Wanzhou - and Pursue an Independent Foreign Policy

https://twitter.com/Ccarken/status/1330986475085762562

"The current hearings on the extradition of Meng Wazhou are a tangled web of legal arguments that obscure a single truth: The Canadian government is enabling a witch-hunt on the part of  a right-wing Trump administration against a Chinese capitalist rival - the telecommunications giant Huawei. This is putting Canada in the crosshairs of the US and China, aligning us closer than ever to wayward Amreican foreign policy and jeopardizing the safety and security of all..."

NDPP

Canada Should Quit Stalling and Send Meng Wanzhou Home Now

https://rabble.ca/blogs/bloggers/alberta-diary/2020/12/canada-should-qui...

"Anyone who still imagines the Trump administration's partly successful effort to get Canada to seize and extradite Meng Wanzhou to the land of chaos and COVID had anything to do with 'the rule of law' needs to consider the implications of yesterday's report in the Wall Street Journal that the US justice department is in 'talks' with the Huawei Technologies Co. Ltd chief financial officer to let her walk...It was evident as soon as Meng was arrested during a stopover at Vancouver International Airport two years ago this week that participation in this charade to support the Trump administration's effort to extort China into a politically inspired trade deal was not in Canada's interest..."

Michael Moriarity Michael Moriarity's picture

An excellent article which lays out the important events of this debacle in good order, leading to the conclusion that this was always clearly a political prosecution and that our government should have been smart enough to see that and refuse to play the game.

NDPP

They did see it and played it anyway.

NDPP

CBSA Manager Told Not to Take Notes After Arrest of Meng Wanzhou Court Hears

https://globalnews.ca/news/7512911/meng-wanzhou-cbsa-manager/

"...Nicole Goodman, chief of passenger operations at Vancouver airport testified that she wanted to create a case summary or timelinne of events but did not do so on the direction of Roslyn MacVicar, who was the agency's regional director-general Pacific region. The court is hearing witness testimony that Meng's lawyers will use to bolster an abuse of process claim next year in a bid to prevent her extradition to the United States..."

 

How the USA Dominates Tech

https://youtu.be/EgzB4_Zw3RE

The untold story of how the US uses its hegemony to take down non-US tech giants such as Huawei. An excellent backgrounder to the Meng Wanzhou saga. America has done this before...

NDPP

"...The US crackdown on Huawei has a geopolitical goal. People who have at least a little political sense would know it. But many Western opinion agencies had a helping hand to deeply demonize Huawei. They spread the suspicion that Huawei collected intelligence for the Chinese government and then labeled Huawei. Is Huawei that bad?

Huawei said it is open to a 'no backdoor' agreement with any country. Is there any big IT firm in the US willing to sign such an agreement? Until now, the Western world has failed to provide evidence showing the involvement of Chinese companies such as Huawei and Tik Tok in intelligence gathering, while a large swath of personal data in the world is in the hands of American internet companies. The PRISM scandal exposed a tip of the iceberg of US surveillance on the world, but why didn't Western opinion agencies have the courage to track it down and disclose more of the US government's surveillance of the world?

Western opinion is a tiger when facing China, but turns into a cat when facing the US. The US entrapment of Huawei is an unprecedented, unjust case in the history of crackdowns on tech companies. ** The US political persecution of Huawei is crystal clear. Western media do not stand up to stop such a US maneuver, but act as an accomplice of the US crackdown on Huawei. This is the shame of Western public opinion. The West's understanding of China has gone wrong, which makes it more difficult to communicate between China and the West, but the one who loses more is the West."

West's misconception of China creates senseless attitudes

https://www.globaltimes.cn/content/1209709.shtml

** NOT unprecedented - see URL above.

NDPP

Huawei vs America: Why Meng Wanzhou will be released in 2021

https://youtu.be/xrnatU7emJU

"One of the biggest stories between the US and China has involved Huawei and the arrest of its CFO Meng Wanzhou. 'An abuse of process akin to a trade hostage..."

Canada as American chump/patsy. Again.

NDPP

Meng Wanzhou lawyer claims US record of fraud case against Huawei exec 'manifestly unreliable'

https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-extradition...

"A lawyer for Meng Wanzhou wants the judge overseeing the Huawei exec's extradition case to see evidence he claims will show the US acount of Meng's alleged crimes is misleading. The hearing is expected to continue on Wednesday with arguments about Trump."

 

It's time for Canada to restore relations with China

https://newcoldwar.org/its-time-for-canada-to-restore-relations-with-china/

"The economic consequences to Canada of deteriorating relations with China has been severe, but that picture will worsen if the Trudeau government refuses to release Huawei executive Meng Wanzhou. The Trudeau government should release Meng Wanzhou and chart a new course for relations with China before it is too late. By March 1, Meng will have spent 2 years and 3 months in detention, accused of no crime in Canada."

JKR

I think it's obvious that the charges against Meng Wanzhou were politically motivated. 

NDPP

Notice that although Joe Biden recently promised Justin Trudeau to 'help' Canada - withdrawing a case that has caused incredible damage to Canada internationally, is apparently not in the cards. Ditto dumping the Assange case, even though Obama earlier decided against such a prosecution for its deeply dangerous implications to  freedom of the American press. In these two matters and more,  Biden = Trump and more.

kropotkin1951

It is not so much Biden = Trump but rather what has been called the ratchet effect of neo-con duopolies. The new "reform" leader never goes back to far but merely back down to the last notch before the "evil" side notched it up. This pattern keeps repeating, in Canada as well. Mulroney, Chretien, Martin, Harper, Trudeau, not one has even fully reversed the austerity of their predecessors.

JKR

The last forty years has been dominated by right wing monetarism. The forty or so years before that were dominated by Keynesianism. With COVID-19 I think we are now likely entering a new era.

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