November 23, 2020

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The U.S. Department of Justice’s dual prosecution allows the government to block WeChat

4 min read
wechat,government,The U.S. Department of Justice, Funny Blog News

A U.S. flag is seen on a smartphone in front of displayed Tik Tok and WeChat logos in this illustration taken September 18, 2020. REUTERS/Dado Ruvic/Illustration

On October 2, US local time, the US Department of Justice filed an appeal in the Ninth Circuit Court of San Francisco today, requesting the court to reject the temporary injunction previously issued by Judge Laurel Beeler of the Federal District Court for the Northern District of California, allowing the US Department of Commerce to continue Enforce the ban on WeChat. At the same time, the U.S. Department of Justice will continue to advance the motion lawsuit filed in the Federal District Court for the Northern District of California, requesting Judge Biller to withdraw the previous temporary injunction.

This means that the U.S. Department of Justice will simultaneously advance litigation in the federal district and circuit appeal courts. As long as any one of the courts makes a judgment in favor of the US Department of Justice, the US Department of Commerce can continue to execute the previous micro-envelope killing order. As the plaintiff of this lawsuit, the WeChat User Association of the United States (hereinafter referred to as the US WeChat Association), which is spontaneously organized by Chinese Americans, will also respond to the pressure of the Justice Department in two lines.

On September 18, the U.S. Department of Commerce issued a specific implementation document for banning WeChat transactions, requiring WeChat to be removed from the Apple and Google App Stores in the United States from midnight on September 20, prohibiting WeChat’s payment functions in the United States and other related blocking measures . This is the implementation of the executive order issued on August 6 by the U.S. Department of Commerce in accordance with Trump’s previous requirements to issue specific rules regarding the prohibition of WeChat transactions.

After the U.S. Department of Commerce documents were issued, the U.S. WeChat Association lawyers applied for an emergency hearing and successfully persuaded Judge Biller to issue a preliminary injunction on September 19, preventing the Department of Commerce from banning WeChat. Subsequently, the U.S. Department of Justice filed a motion with the Federal District Court for the Northern District of California on September 25, again requesting Judge Biller to withdraw the ban on the grounds that WeChat threatened U.S. national security. Judge Biller has decided to hold a hearing on October 15 to discuss whether the preliminary injunction should be withdrawn and the government banned WeChat.

In response to the “WeChat threatening US national security” document provided by the US government, the US WeChat Council also submitted a response certificate yesterday. Former Cisco CTO Hildebrand (Joe Hildebrand) testified that if the US government wants to protect the data security of US WeChat users, it can take many technical measures to achieve this goal, and there is no need to completely block WeChat. The US WeChat Association stated that it plans to initiate a court hearing with the US Department of Justice in the Federal District Court for the Northern District of California and the Federal Court of Appeals for the Ninth Circuit to defend the right of US WeChat users to continue to use this social platform. In the previous lawsuit, the US Department of Justice has issued a statement clarifying that US users continue to use WeChat without legal responsibility.

The Federal Court of Appeals for the Ninth Circuit is headquartered in San Francisco. It has 29 judges and its jurisdiction includes 9 states in the western United States. For a long time, this place has been the most liberalized appellate court in the United States, and it has repeatedly rejected the controversial policies of the Trump administration. But as Trump has nominated 10 new judges to the Ninth Circuit Court of Appeals in the past three years, the balance of power in the Ninth Circuit Court of Appeals has also changed. At present, the number of liberal judges and conservative judges is basically the same. The Ninth Circuit Court of Appeals is no longer considered to be a left-handed appellate court, and it has made multiple judgments in favor of the Trump administration in the past year.

US President Trump issued an executive order on August 6 on the grounds that WeChat threatened US national security, and ordered that 45 days later (September 20), US individuals are prohibited from conducting any WeChat-related transactions with companies and Tencent; specific details are blocked. Established by the U.S. Department of Commerce. Subsequently, the US-Weihua Federation filed a lawsuit against US President Trump and Secretary of Commerce Ross in the Federal District Court for the Northern District of California on August 21, arguing that WeChat is a communication application commonly used by more than 5 million Chinese in the United States. The White House’s banning order violated The Chinese freedom of speech is also a discrimination against the Chinese community. The U.S. Department of Justice, acting as the attorney for the White House, is responsible for this lawsuit.

In this litigation, the US WeChat Association not only hired Michael Bien, a well-known California lawyer who has been in the business for more than 40 years, but also attracted many well-known lawyers and legal professionals to participate. Professor Erwin Chemerinsky, a heavyweight in the field of the US Constitution and Dean of the University of California, Berkeley School of Law, also provided written testimony. Professor Chemizhinsky, who has won many constitutional and civil rights cases in the Supreme Court as the chief lawyer, wrote in his written testimony that President Trump’s real motive for banning WeChat stems from discrimination against Chinese, which is a serious violation. Many constitutional rights of US WeChat users.

The US WeChat Association stated that from the launch of the fundraising platform on August 8 to September 1, the organization has raised US$1.053 million, of which US$283,800 has been paid for lawyers’ fees in August and US$769,400 have been paid. Enough to deal with the lawyer’s fees in September. Therefore, they have suspended fundraising and will continue to announce the use of funds after the legal fees are settled in September. 

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