@BonnieGlaser While It is true that neither the WPR nor the TRA authorize the use of force to defend Taiwan, it is doubtful that such authorization is needed to legalize any action to defend Taiwan. Presidents have long invoked Art. II of the Const to use force w/out Congress.
@BonnieGlaser This 2011 DOJ opinion by Caroline Krass on the legality of President Obama's actions against Libya (Krass is currently DOD Gen Counsel) argues that POTUS can use force (w/out Congress) to defend the "national interest" beyond just US territory. justice.gov/sites/default/…
@BonnieGlaser It is a safe bet the current Biden admin follows the 2011 Krass opinion (Biden has already used force in Syria w/out Congress). That opinion would probably allow POTUS to use force to defend Taiwan for at least 90 days under the War Powers Resolution.
@BonnieGlaser While Biden could use US forces to defend Taiwan w/out Congress, it is less clear he could legally attack the Chinese mainland e.g. land-based missiles or airbases? Under the 2011 Krass opinion, that kind of extensive commitment of force probably requires Congress.
@BonnieGlaser The TW Invasion Prevention Act wd authorize "necessary and appropriate force" that the P "determines" needed to "secure and protect Taiwan". This means attacking the Chinese mainland wd be authorized (e.g. full-scale war with China). This makes me nervous. congress.gov/bill/116th-con…
@BonnieGlaser Sure, the TW Invasion Prevention Act would send a clear signal to China that Congress will support military force to defend TW w/ military force. But the last time the US Congress gave the Pres a blank check to use force was in 2002 for Iraq, and that shd make us all nervous.
@BonnieGlaser In any event, I don't think we are quite ready to authorize Biden (or any future President!) to launch offensive wars against China, even on behalf of Taiwan. If an attack comes, Congress will have time to act. (See Quemoy/Matsu, 1955. politico.com/story/2011/01/…)

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More from @julianku

24 Sep
Worth noting: No agreement by Meng to cooperate in the DOJ Prosecution of Huawei; no agreement by Meng to pay any fines.
I am not an expert on deferred prosecution agreements, but I think they generally involve some kind of promise to cooperate and some kind of fine. The fact that Meng essentially faces no consequences for her admitted misconduct is a pretty big defeat for @TheJusticeDept.
Sometimes the bad guys win. Without the pressure in Canada and the US created by the Kovrig/Spavor arrests, @TheJusticeDept could have waited for the extradition to play out. But Meng’s appeals could have gone on for years. And Kovrig/Spavor wd be stuck for all of that time.
Read 5 tweets
24 Sep
Great deal for Meng. "The agreement, which is expected to be entered in court later Friday, will require Ms. Meng to admit to some wrongdoing in exchange for prosecutors deferring and later dropping wire and bank fraud charges, the people said." wsj.com/articles/justi… via @WSJ
I don't know if it is also a great deal for @TheJusticeDept. It depends, but it may be Meng's ability to string this out for years battling extradition tipped their hand. Something is better than nothing, I suppose.
Getting Meng to admit to guilt of some kind is meaningful, but I am also assuming no cooperation from her in the rest of their case against Huawei. So a loss for @TheJusticeDept on that front, if that was part of the plan.
Read 4 tweets
10 Jun
This law really does two things. 1) It formalizes the process for sanctioning foreign govt officials who implement sanctions as well as their families and perhaps think tanks, NGOS, or people who advised on those foreign sanctions). E.g. the recent sanctions on EU
The other thing the new law does is prohibit any companies operating in China from complying with EU or US sanctions and expose them to civil lawsuits for damages caused by such compliance. E.g. the XPCC could sue HM, etc.
This second part of the law essentially copies the EU Blocking Statute, which is also aimed at nullifying the effect of US sanctions (like on Iran). ec.europa.eu/info/business-…
Read 9 tweets
25 Mar
Saudi Arabian leader Mohammed bin Salman "firmly supports China's legitimate position on affairs related to Xinjiang and Hong Kong." This kind of support from a leading majority-Muslim country is why pushing China on Xinjiang is so difficult. globaltimes.cn/page/202103/12…
Interestingly, GT reports China's FM Wang will also be meeting with Turkish diplomats. Curious whether the Turkish will endorse China's Xinjiang policies as well.
In any event, the Arab League support for China's Xinjiang policies is exactly the kind of international support that China needs when it pushes back against US/EU sanctions. China is winning this diplomatic contest so far. ecns.cn/news/society/2…
Read 4 tweets
25 Mar
Nike's statement on Xinjiang is actually carefully written to avoid condemning or accusing the Chinese govt of doing anything bad. It just says there are no Uighurs in our supply chain so we are fine. Apparently, this is not good enough. purpose.nike.com/statement-on-x…
Moreover, in the Department of Ingratitude, these companies being targeted in China seem to have lobbied successfully against the Uighur Forced Labor Ban in Congress. Still not good enough apparently. msn.com/en-us/money/ma…
The PR folks who have to write the Nike/HM apologies on Weibo for not using forced labor products from Xinjiang are going to really earn their paycheck this week.
Read 4 tweets
20 Mar
Even @globaltimesnews correctly differentiates the “one China principle” from the US “One China POLICY”. Now all we have to do is convince @politico of the same! cc: @jessicadrun globaltimes.cn/page/202103/12…
More nuggets from the Chinese side. The CCP’s ruling status is not just a redline, it is the “ultimate redline.”
One real outcome: “They will establish a joint working group on climate change.”
Read 4 tweets

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