In order to continue to use WeChat, a group of Chinese Americans formally sued the White House. They not only received the enthusiastic support of the Chinese Americans, but also the great help of American legal experts and well-known lawyers.
The US WeChat User Association (hereinafter referred to as the US WeChat Association) announced yesterday that the two senior partners of the well-known American law firm Davis Wright Tremaine (hereinafter referred to as DWT), attorneys Broke (Thomas Burke) and Gossett (David Gossett) Has joined their litigation team to support Chinese Americans in suing President Trump, and DWT will provide free legal services.
DWT is a well-known American law firm with a history of more than 100 years, headquartered in Seattle, Washington. They are particularly concerned about lawsuits related to the First Amendment of the Constitution on freedom of speech, and therefore are also the “Queen Law Firm” of many mainstream media in the United States. Clients include mainstream newspapers and television stations such as the New York Times, CNN, ABC, and CBS. In the past two years alone, DWT has represented 12 lawsuits concerning the US Constitution, of which 8 lawsuits have achieved customer satisfaction.
In addition, DWT is also the trusted law firm of American technology giants. In 2018, they helped Microsoft win a lawsuit against the US Department of Justice because the latter prohibited email service providers such as Microsoft from notifying users that the government is monitoring their email. In the same year, DWT also represented Yelp in litigation cases, helping this review platform win the right to retain negative reviews.
DWT has extensive litigation experience in prosecuting the US government. They have represented many well-known prosecutions against the U.S. government, including requesting the U.S. government to publish the details of the “Muslim travel ban”, requesting the U.S. Immigration and Customs Enforcement (ICE) to publish specific enforcement content in California, and requesting the FBI to publish Monitor the archives of Muslim communities in Illinois.
The US-Microfederation explained to Sina Technology that the two partner lawyers of DWT were willing to provide free legal services because they valued a constitutional lawsuit involving freedom of speech and were willing to join this lawsuit to fight for legal rights for Chinese Americans. Hope to challenge the legal boundaries of IEEPA and restrict the president’s executive power. Previously, the US Micro-Envelopes Association sued Trump’s micro-envelope killing order on the grounds that it violated the freedom of speech of Chinese Americans.
Wu Shengyang, one of the founders of the US-Weiwei Federation, also told Sina Technology that the addition of DWT has not only greatly helped the litigation, but their free services have also eased the pressure of attorney fees. However, the joining of DWT will not affect the work of Michael Bien, a well-known California attorney hired by the US Micro-Flat Association. In addition, the American Civil Liberties Union (ACLU), which has been prosecuting various abuses of power by the U.S. government for decades, has also contacted the Micro Union.
According to the Microfederation, the California RBGG law firm they hired in August had attorney fees of US$272,000; while the US Microfederation’s current fundraising amount is US$164,000, and there is a funding gap of approximately US$100,000. The US-Microfederation also predicts that the total legal fees for this lawsuit in September will be around US$170,000. They called on Chinese Americans to work together to combat the President’s abuse of power to discriminate against Chinese, and promised that all expenditures would be disclosed to donors.
US President Trump issued an executive order on August 6, citing the International Emergency Economic Rights Act (IEEPA) on the grounds of national security, and announced on September 20 that US companies and individuals would be prohibited from conducting any WeChat-related transactions with Tencent. transaction. The specific banning rules will be formulated by the US Department of Commerce. However, according to the administrative order No. 13873 of May 15, 2019 mentioned in the administrative order, downloading and installing applications also belong to the category of “transaction”. This means that the US government may block WeChat in the US.
Several Chinese American lawyers subsequently created the US WeChat Association, planning to challenge the President’s executive order by suing the White House, applying for the Federal Court to veto the WeChat killing order, and safeguarding the right of more than 5 million Chinese in the United States to continue using WeChat. On August 15th, the US-Weiwei Federation hired Bean, who has more than 40 years of litigation experience, and formed the plaintiff’s main lawyer team with two Chinese lawyers, Zhu Keliang and Ni Fei.
On August 21, the US Micro-Federation formally filed a lawsuit in the Federal District Court for the Northern District of California, suing President Trump and Secretary of Commerce Ross, and sent the complaint to the attorney representing the US government (that is, the US Department of Justice). Sina Technology saw in the litigation that the plaintiff included several ordinary WeChat US users in addition to the US WeChat Association. They are both American Chinese and non-Chinese; they are both American citizens, permanent residents, and even work visa holders.
On August 28th, the US-Microelectronics Association submitted a motion for an injunction application. On September 8, the U.S. Department of Justice also submitted a defense document against the U.S. WeChat Congress lawsuit. On September 11, the US-Microelectronics Association will submit a response document against the defense of the US Department of Justice. The Federal District Court for the Northern District of California will hold a hearing on the morning of September 17 and announce on September 20 whether it will temporarily veto the President’s WeChat injunction.
In the application motion document, a heavyweight in the field of the US Constitution, Professor Erwin Chemerinsky, 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 blocking WeChat stems from discrimination against the Chinese, which is a serious violation. Many constitutional rights of US WeChat users.
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