National Post (National Edition)
Trump comments about Meng a `salvo' in trade war with China, her lawyer says
Claims status reduced to political pawn
VANCOUVER • A lawyer for Huawei executive Meng Wanzhou is accusing former U.S. president Donald Trump of co-opting her extradition proceedings in an effort to use her as leverage in trade negotiations with China.
Richard Peck told the British Columbia Supreme Court Wednesday that Trump's words to media after Meng's arrest amount to an abuse of process and a “stain” on proceedings in Canada.
Meng was arrested at Vancouver's airport on Dec. 1, 2018, at the request of U.S. officials on charges of fraud that both she and Huawei deny.
Ten days after her arrest, Trump was asked if the United States would intervene in Meng's case to get a better deal with China.
“If I think it's good for what will be the largest trade deal ever made — which is a very important thing — what's good for national security, I would certainly intervene if I thought it was necessary,” Trump told Reuters news agency.
The comment did not exist in isolation, but was the first in a string of repeated statements that demonstrate an ulterior motive, Peck said.
“With that utterance, Ms. Meng became a bargaining chip, a pawn in this economic contest between these two superpowers. Those words amount to the opening salvo in this trade war,” Peck told the court.
Lawyers for the Attorney General of Canada, who represent the U.S. in the case, have said in legal documents that they will say the argument is irrelevant now that Trump is out of office.
Even if that weren't the case, the attorney general says the comments amount to neither misconduct nor a threat.
Wednesday marked the launch of arguments by Meng's legal team that she was subjected to an abuse of process in four different ways and that the proceedings against her should be stayed if any is proven.
The case culminates with the actual extradition or committal hearing in May.
Peck told the court that Trump's words cast a pall over proceedings, reducing Meng from a human being to “chattel” and striking at the heart of human dignity.
It also makes the case unique, he said. “In the annals of extradition law, it appears to be the first time the head of a requesting state has commented directly on the plight of a person sought” and publicly stated a willingness
or intent to intervene for any reason, let alone an economic one, Peck said.
Nearly three months after Meng's arrest, Trump was asked if the United States would drop charges against the Huawei executive as part of a trade deal during a press conference with Chinese Vice-Premier Liu He.
“We're going to be discussing all of that during the
course of the next couple of weeks,” Trump said, adding that at the moment, it was not something being discussed.
In June 2019, Trump was asked again about Huawei's role in trade negotiations.
“We're leaving Huawei toward the end. We'll see where we go with the trade agreement,” Trump said.