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Senate Will Try To Reverse ZTE Deal Via a Must-Pass Defense Bill (politico.com)

An anonymous reader quotes a report from Ars Technica: Senate leaders agreed Monday to include language in the annual defense spending bill that would reverse the Trump administration's decision to save Chinese telecommunications company ZTE after it was caught violating the terms of a 2017 penalty agreement by making illegal sales to Iran and North Korea. The language will be part of an amendment in the 2019 National Defense Authorization Act, a $716 billion defense policy bill, H.R. 5515 (115).

If the Senate amendment becomes law, it would automatically reinstate the seven-year prohibition until Trump has certified to Congress that ZTE has met certain conditions. It also would ban all U.S. government agencies from purchasing or leasing telecommunications equipment and/or services from ZTE, a second Chinese telecommunications firm, Huawei, or any subsidiaries or affiliates of those two companies. The amendment language "prohibits the federal government from doing business with ZTE or Huawei or other Chinese telecom companies" and puts the company back on the sanctions list and "holds ZTE accountable for violating their previous commitment," Cotton said.
The senators supporting the amendment include Democratic minority leader Chuck Schumer and two Republican Senators -- Sen Tom Cotton (R-Ark.) and Sen. Marco Rubio (R-Fla.). "I and obviously every other senator believes the death penalty is the appropriate punishment for their behavior," Sen. Tom Cotton (R-Ark.) told reporters after Ross briefed senators on the department's latest ZTE action. "They're a repeat bad actor that should be put out of business. For eight years, ZTE was able to run wild and be able to become the fourth-largest telecom company in the world." If the Senate amendment becomes law, "I would expect there wouldn't be a ZTE," Cotton added.

68 of 139 comments (clear)

  1. Treason by Anonymous Coward · · Score: 2, Insightful

    Donald Trump is letting a Chinese company sell hacked phones used as surveillance department for the Chinese government.

    The only explanation is that this is part of Trump's surrender to North Korea and China.

    1. Re:Treason by PopeRatzo · · Score: 4, Informative

      Not really since he did it to protect American jobs at Qualcomm.

      He did it to get a $500 million Chinese investment in a Trump property and some Chinese trademarks for Princess Ivanka.

      What about the past year and a half could possibly make you think Trump cares anything about "American jobs"?

      --
      You are welcome on my lawn.
    2. Re:Treason by Anonymous Coward · · Score: 1

      Plus the fact he required them to pay a $1 billion dollar fine and place $400 million in escrow:

      https://www.wsj.com/articles/zte-pays-1-billion-fine-after-allegedly-violating-u-s-sanctions-1528374558

      in addition to buying from American suppliers as you mentioned.

    3. Re:Treason by SmaryJerry · · Score: 1

      I don't know anything about Chinese trademark but if it's anything like the U.S. trademarks you basically just pay a fee and anyone can get one. I don't get why people think getting a trademark is some sort of payoff.

    4. Re:Treason by Areyoukiddingme · · Score: 4, Insightful

      I don't know anything about Chinese trademark...

      Manifestly not. I haven't really been following the story in detail, but I do know China. Ivanka's company had been trying to get that trademark for years, and the Chinese government was dragging its feet, then denying it, repeatedly. China's protectionism extends to all parts of their economy, including trademarks. They did not want to grant that trademark to a foreign-owned business. Them suddenly granting it is rather blatantly a payoff, under the circumstances.

    5. Re:Treason by Anonymous Coward · · Score: 2, Insightful

      That is true, but Don't ignore the Qualcomm angle either.

      This is the 3rd time Trump has intervened to protect Qualcomm's interests.

      Remember when they almost got bought out by Broadcomm? Yeah turns out they asked Daddy Trump to intervene and didn't tell anyone about it.(And there's about to be a shareholder lawsuit because they did not disclose that to the SEC)
      https://www.sandiegoreader.com/news/2018/jun/11/qualcomm-secretly-contacted-us-government/

      Qualcomm is looking to buy NXP semiconductors. The Chinese were holding up the deal and it looked all but dead on regulatory/antitrust grounds.. And oh my! All of a sudden it's happening after ZTE gets saved. What a coincidence!

    6. Re:Treason by Tough+Love · · Score: 3, Informative

      Donald Trump is letting a Chinese company sell hacked phones used as surveillance department for the Chinese government.

      The only explanation is that this is part of Trump's surrender to North Korea and China.

      Is this a troll as some mod thinks (possibly Russian) or is it the simple truth? Everybody remembers that Drump got paid off promptly in the form of $500 million real estate "investment" right?

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    7. Re:Treason by ChromeAeonuim · · Score: 2, Informative

      Past year and a half? You don't even have to go that recent. For much longer, he's been selling Trump branded items made in other countries. American made options have always been available, not for everything but for more items than Trump sold. Of course, if American suppliers charge more, that might make him less money. You can tell someone's real character by how they act when no one is watching, and it wasn't until he began a presidential campaign in earnest that he chose to source US made items. Trump cares about Trump, not American jobs.

    8. Re:Treason by Anonymous Coward · · Score: 2, Insightful

      Things got ugly when Conservatives replaced news with hate-radio, kook-blogs and Fox News, and were filled with misguided hatred of mainstream Americans and our values. Now they cry like babies when they reap what they've sown.

    9. Re:Treason by PopeRatzo · · Score: 4, Insightful

      In a nutshell, everything he's done in the past year and a half, including taking some heat during phony summits and ignoring the hypocrisy of pussy-hurting liberals like you

      So, what you're trying to say is that you don't have a single bit of evidence that Trump cares about American jobs.

      Noted.

      --
      You are welcome on my lawn.
    10. Re: Treason by Anonymous Coward · · Score: 2, Insightful

      So, you're saying that the 500 million dollar deal doesn't exist or is a lefty story?

      That's... Interesting, considering the national review is confirming it and the NR is one of the more conservative places on the internet.

      But if you want to just strawman and ignore real events as lefty propeganda, I think you're doing a disservice to yourself.

    11. Re:Treason by Tough+Love · · Score: 4, Insightful

      What exactly did Trump surrender to North Korea?

      Legitimacy for a bloodthirsty despot. Next question?

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    12. Re:Treason by CohibaVancouver · · Score: 1

      In a nutshell, everything he's done in the past year and a half

      Which things, exactly has trump done in the past year-and-a-half that demonstrates he's cares anything about American jobs?

      I realize "everything" is a huge list, so let's say 10 items to keep it easy for you. Be specific.

    13. Re:Treason by Tough+Love · · Score: 2, Insightful

      I don't understand the legitimacy thing.

      You do not understand the legitimacy thing because you do not understand the freedom thing or the rule of law thing. You want to give the despot money, and ignore the teachings of history that appeasement never works? Good thing nobody cares what you think.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    14. Re:Treason by AmiMoJo · · Score: 2

      Even if it's for the wrong reasons, Trump's decision is the right one.

      It's in the US's interests to do a good trade deal with China. There are many mutual benefits. However, destroying a huge company like ZTE and putting hundreds of thousands of Chinese out of work is unlikely to help secure such a deal.

      The crime is breaking sanctions. Sanctions that Trump may have already decided to end (it's not clear ATM what was agreed at the Kim/Trump meeting). The punishment is arbitrary, it's not calculated to offset some loss or restore something that has been taken. And cancelling it probably nets the US a nice chunk of cash, because if ZTE simply died it wouldn't be paying that fine that it is now committed to clearing.

      Plus it would have screwed all the US ZTE customers who would be left without support.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    15. Re:Treason by AmiMoJo · · Score: 2

      Trump talked tough on NK, which Kim took advantage of to demonstrate that it was all just bluster and ultimately there was little the US could do because of China and the fact that NK had a viable nuclear deterrent.

      Kim was able to use that as a bargaining chip when opening a dialogue with South Korea and the US. De-nuclearization suits NK, because it will include US nuclear weapons in the area too.

      Kim quickly made concessions and progress with SK, which put pressure on Trump to not waste the opportunity. So Trump went to that meeting ready to make big concessions - end the wargames, de-nuclearize, and start opening up NK's economy with sanctions relief. Kim has boosted himself to the level of international statesman, praised by the POTUS and with a path towards a post-dictatorship life that isn't rotting in jail or hanging from a noose.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    16. Re:Treason by sabbede · · Score: 1

      Is there anything to indicate the loan (which wasn't actually for him or his business) or trademarks wouldn't have been approved otherwise?

    17. Re:Treason by N1AK · · Score: 3, Insightful

      So far Trump has told the members of NATO to meet their financial obligations or lose the backing of the WH. However,he had no intention of every forsaking US support in NATO. His statement was considered rude in the international diplomatic circle jerk club. The US is not suppose to say mean things about it's "allies".

      This doesn't relate to American jobs let alone that he cares about it. You and the orange narcissist in chief may find it amusing to burn good will by needlessly insulting allies, or even dismissing with air quotes the idea they are allies, in your own little circle jerks. However it hasn't achieved anything yet except to damage relationships that are also in your interest. Those countries you imply are false allies are the same ones who have lost one thousand lives and had over ten thousand more soldiers injured in Afghanistan in the NATO response to an attack on the US.

      The depressing part of so much of Trump's support is that it comes for actions he takes that achieve only harm to America in the end but appeal to a certain demographic because the fact it annoys someone else or that it is done in a way that seems powerful. The hard to believe part is the groups that have defined themselves on fighting the very things he does who are lining up to do his bidding; the likes of the religious conservatives who would be trying to have anyone but a Republican removed from office for 10% of his immoral behaviour, the fiscal conservatives sticking their fingers in their ears while he explodes the debt, the free market supporters ignoring his clear disdain for their beliefs.

    18. Re:Treason by Gr8Apes · · Score: 2

      In a nutshell, everything he's done in the past year and a half, including taking some heat during phony summits and ignoring the hypocrisy of pussy-hurting liberals like you

      Even the Koch brothers are against Trump at this point. Think about what that implies, and they're no liberals.

      He's destroyed jobs and the middle/lower class in an effort to funnel yet more money to the small circle of his friends. Just take his campaign trail promise on coal. Even with solar panel tariffs destroying installer jobs coal has had no resurgence, as everyone but Trump expected. So now he wants to subsidize coal. Does he care about all the solar panel related jobs he's destroyed? Not a whit, but his coal stock owning buddies sure are happy. And the list goes on and on from there. Everything Trump does or supports either directly profits his business holdings or those of his close and supportive circle of family and friends. Anyone else benefitting is by mere happenstance.

      --
      The cesspool just got a check and balance.
    19. Re:Treason by DutchUncle · · Score: 1

      Would you say the same thing if a Democrat were doing this?

    20. Re:Treason by dj245 · · Score: 1

      Trump talked tough on NK, which Kim took advantage of to demonstrate that it was all just bluster and ultimately there was little the US could do because of China and the fact that NK had a viable nuclear deterrent.

      Kim was able to use that as a bargaining chip when opening a dialogue with South Korea and the US. De-nuclearization suits NK, because it will include US nuclear weapons in the area too.

      Kim quickly made concessions and progress with SK, which put pressure on Trump to not waste the opportunity. So Trump went to that meeting ready to make big concessions - end the wargames, de-nuclearize, and start opening up NK's economy with sanctions relief. Kim has boosted himself to the level of international statesman, praised by the POTUS and with a path towards a post-dictatorship life that isn't rotting in jail or hanging from a noose.

      There is a remarkable difference between Kim Jong Un and his father. He actually cares about his people. His actions are indeed self-serving to some extent, but there is no doubt that the north Korean people will benefit tremendously.

      I can't think of a great reason why we need to be protecting South Korea militarily anyway. Wars in Asia between major powers aren't fought with guns anymore. They are fought with bankers, accountants, lawyers, and propagandists. As you said, the nuclear program was just a negotiating point. Even aside from that, South Korea is plenty corrupt, subsidizes their industries, tariffs US-made goods, and exports goods made with low-cost labor to the US. They also have a very strong military of their own.

      The best and cheapest strategy for dealing with North Korea is to have someone else deal with the problem. The armistice should have been signed a long time ago. It hasn't been our conflict since the collapse of the USSR, and probably before that.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    21. Re:Treason by DutchUncle · · Score: 1

      "Fox News's hosts and guests contradictorily blasting former President Barack Obama for saying he would meet with dictators and enemies of the United States, but effusively praising current President Donald Trump for agreeing to sit down face-to-face with North Korean despot Kim Jong Un." http://www.newsweek.com/fox-ne...

    22. Re:Treason by AmiMoJo · · Score: 1

      Well, yeah... I mean what does the party have anything to do with this being the right decision?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    23. Re:Treason by CohibaVancouver · · Score: 1

      >>>> What about the past year and a half could possibly
      >>>> make you think Trump cares anything about "American jobs"?

      >>> In a nutshell, everything he's done in the past year and a half

      >> Which things, exactly has trump done in the
      >> past year-and-a-half that demonstrates he's cares
      >> anything about American jobs?

      > He is demolishing the status quo that has only provided
      > benefits to the top tier of society.

      How many jobs did this create, and in which industries? Be specific.

      ...and a follow-up question - How exactly did passing tax legislation that gave tax breaks to billionaires and corporations, and increasted the deficit by $1.5 Trillion "demolish the status quo?"

      > So far Trump has told the members of NATO
      > to meet their financial obligations

      Again, how many jobs, and where?

      > He has thrown 60 years of failed NK diplomacy out the window.

      How does this protect American jobs?

      > Trump is the only US President who basically
      > threatened to totally destroy another country
      > with the big button on his desk

      Nukes create jobs? How? Please clarify.

      Looking forward to hearing back, Anonymous Coward.

    24. Re:Treason by CohibaVancouver · · Score: 3, Insightful

      > So no our 'allies' did not send troops to Afghanistan for us or our interests

      Canadian soldiers were wounded and died in Afghanistan because our ally - The United States - Was attacked.

      We stood by our friend and military ally.

    25. Re:Treason by cthulhu11 · · Score: 1

      The cheeto has demonstrated that over and over. His merchandizing and his daughter-wife's aren't made in the US, for example.

      But I do have to note that "the death penalty is the appropriate punishment for their behavior" is ironic, since it really applies to Rubio and Cotton themselves.

    26. Re:Treason by DutchUncle · · Score: 1

      You said "The crime is breaking sanctions". It doesn't matter if Trump is thinking of ending them, they were the sanctions in place at the time, and the company violated the various ITAR conditions on buying technology. Trump ignores contracts, so maybe he thinks it's OK that ZTE ignored its contracts, but Americans get punished severely if they pass technology on to sanctioned countries. (I sit through ITAR seminars and videos every year as part of compliance where I work.) And the Republicans seem to think that the letter of the law is crucial for lots of other things, which would mean that "breaking sanctions" should be punished as the rules in effect at the time were written; but again, Trump seems to think that words don't matter - it's the thought that counts - so the letter of the law doesn't matter if he doesn't think so. I submit that if a Democrat did exactly the same thing, he would be pilloried as weak, and spineless, and failing to enforce the law, and suspiciously forgiving of America's enemies.

    27. Re:Treason by DutchUncle · · Score: 1

      Wars in Asia between major powers aren't fought with guns anymore. They are fought with bankers, accountants, lawyers, and propagandists.

      I question how many "bankers, accountants, lawyers, and propagandists" were working on the explosives under "Punggye-ri Nuclear Test Site".

  2. Corporate Death Penalty? by l0ungeb0y · · Score: 4, Insightful

    Why allow Wells Fargo to live?

    1. Re:Corporate Death Penalty? by Actually,+I+do+RTFA · · Score: 2

      Let's start by punishing the bad actors that we can. Build up a body of precedent. Then use that to go after other bad actors.

      --
      Your ad here. Ask me how!
    2. Re:Corporate Death Penalty? by Proudrooster · · Score: 1

      It is amazing to me that Wells Fargo stock still keeps going up, even after the fines, the stock price is almost back to the midpoint.

    3. Re:Corporate Death Penalty? by freeze128 · · Score: 1

      Because millions of people keep their money there.

    4. Re:Corporate Death Penalty? by aquacrayfish · · Score: 1

      Let's build on this - what's a *good* reason? Money can be moved - this is the electronic age.

    5. Re:Corporate Death Penalty? by SoftwareArtist · · Score: 1

      How about Facebook? They also were caught breaking the law, signed a consent decree with the government, and then went right on doing exactly what's they'd promised not to do.

      There are times when a corporate death penalty might make sense. But only if it's applied uniformly. It can't be just for foreign companies, not American ones.

      --
      "I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
  3. Re:What a bunch of dumbfucks on both sides of the. by EndlessNameless · · Score: 5, Insightful

    Wow, that is wrong.

    If someone needs a phone and doesn't get it from ZTE, they will simply buy another brand. And since every phone has a SoC, the number of SoCs sold will remain about the same.

    There is no reason at all to support ZTE. They flout US laws, and there are many, many competitors who will be happy to make phones for us while following US law.

    --

    ---
    According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
  4. CEO is a Job Too by Roger+W+Moore · · Score: 1, Troll

    What about the past year and a half could possibly make you think Trump cares anything about "American jobs"?

    Lots...provided that "American job" is being CEO of a large company.

  5. Re:U.S. megalomania strikes again by EndlessNameless · · Score: 4, Informative

    They were filing bankruptcy in the wake of the initial sanctions. The problem is not only being shut out of their 2nd-largest market. Sanctions also prohibit US companies from selling to ZTE, which restricts their ability to acquire components.

    Maybe ZTE could survive, but that is far from certain. They have strong domestic competitors in Huawei and Xiaomi, and both of those companies enjoy full access to Western suppliers and markets.

    --

    ---
    According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
  6. ZTE is going dooooowwwwnnnnnn!!!! by Proudrooster · · Score: 1

    ZTE is going down! Where will the Dollar Store source their phones from now?

  7. If this happens by fahrbot-bot · · Score: 1, Troll

    Can't wait to hear reactions from Trump minions. I'm sure Peter Navarro will have some choice words about warm real-estate for the Senators (good thing they aren't also Canadian - whew) for going against Trump. ( Although, the imagery of Senators stabbing Trump in the back sounds a little familiar ... How Similar are Trump and Caesar? )

    --
    It must have been something you assimilated. . . .
  8. Re:U.S. megalomania strikes again by djinn6 · · Score: 1

    Seems like this would have the unintended side effect of creating competition for those component suppliers. I'm sure all of the Chinese electronics manufacturers are now scrambling to figure out what parts they're importing from the US and whether they can find an alternate supplier.

  9. Re:hard to see this passing. by fahrbot-bot · · Score: 3, Insightful

    America cant have this cake and eat it too.

    Yet, Trump, his administration and supporters believe they can (and deserve it).

    ... saddled with an illiterate profiteer as its head of state, and hes doing a rather poor job of keeping the curtain closed on who actually runs America.

    Trump said he would "drain the swamp." He *never* said he wouldn't fill it back up again.

    --
    It must have been something you assimilated. . . .
  10. Re:hard to see this passing. by currently_awake · · Score: 2

    Given that the same people are still living in the swamp, i see no evidence of draining.

  11. Possible problem by squiggleslash · · Score: 3, Interesting

    I'm not opposed to this in principle, but isn't it technically a bill of attainer, which, for very good reasons, is unconstitutional?

    --
    You are not alone. This is not normal. None of this is normal.
    1. Re:Possible problem by GrumpySteen · · Score: 3, Informative

      No. ZTE was already caught and determined to be guilty of making illegal sales to North Korea. Trump prevented the sanctions from being imposed, but that didn't make ZTE innocent. Congress is just trying to impose the punishment that was already decided.

    2. Re:Possible problem by Anonymous Coward · · Score: 1

      Attainer: not the word you wanted.

    3. Re:Possible problem by Anonymous Coward · · Score: 1

      Read the denial order ( https://www.commerce.gov/sites/commerce.gov/files/zte_denial_order.pdf) .

      ZTE _admitted_ that they sold the equipment, and lied during investigation. And there are _documents_ confirming that. If came to court, what would be the grounds to dismiss the penalty imposed? Or a trial is needed pro forma?

    4. Re:Possible problem by radarskiy · · Score: 1

      It avoids unconstitutional attainder since the punishment is a side-effect of the main goal of compliance. If and when ZTE meets the conditions they will not be sanctioned.

      It also depends on how ZTE and Huawei are targeted: are they just specifically named or are they defined as a class?

    5. Re:Possible problem by MobyDisk · · Score: 2

      I don't agree in this case, but I like your vigilance. Any bill that grants a pardon to an individual or company seems like it also should qualify as a Bill of Attainder. Here's why: Congress could get around the Bill of Attainder clause by passing a law that makes everyone a criminal, then passing a law exempting specific individuals. It would be the equivalent of a Bill of Attainder but circumventing the constitution.

      IMHO, the telecom neutrality bill was similar to this tactic. In this case, the government coerced companies into violating the law, then exempted them. In fairness, the government and those companies should have been prosecuted. They basically pardoned themselves and their accomplices.

    6. Re:Possible problem by nasch · · Score: 1

      A bill declaring everyone a criminal would also be unconstitutional since there would have been no due process to find people guilty of a crime.

  12. Re:hard to see this passing. by fahrbot-bot · · Score: 2

    Yup, agreed. [ I was being sarcastic. ]

    --
    It must have been something you assimilated. . . .
  13. Now that the USA and North Korea are friends by ChunderDownunder · · Score: 1

    the only reasonable conclusion is that Donald is planning talks with Tehran.

    Same mojo - tear up the Obama agreement and get into a rage over nucular then sign a document a year later.

  14. Re: hard to see this passing. by another_twilight · · Score: 1

    One of the advantages of conscription - especially when the ruling class cannot get exemptions - is that the entire population has skin in the game. It's you, or your children, or your friends children who are at risk of dying. Wars become less tempting as a policy option.

  15. Flippy McOrange by Tablizer · · Score: 1

    He hates China then he loves China then he hates Kim J. U. then he loves Kim then he's against gun background checks then he's for it then he's against it again...

    1. Re:Flippy McOrange by Tablizer · · Score: 1

      In my observation, his ego drives him more than personal profits. Although, it's hard to really say with that guy.

  16. Re:U.S. megalomania strikes again by phantomfive · · Score: 1

    Unless we can somehow get down to a 3nm node, and after that a 1nm node, then speed increases in CPUS will soon come to an end and CPUs will quickly become commodities, with no new research needed.

    --
    "First they came for the slanderers and i said nothing."
  17. Re:U.S. megalomania strikes again by AmiMoJo · · Score: 1

    This has been a bit of a wake-up call for the Chinese, and they are pushing hard to develop domestic tech to replace the US tech they currently rely on. Maybe if ZTE survives that effort will be lessened, but no matter what a lot of money is now going into R&D that directly harms US companies.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  18. That doesn't really reverse the decision. by sabbede · · Score: 2

    It just means that Trump has to certify that they are meeting the conditions of having the sanctions lifted. Like paying that billion dollar fine. The part about the Federal government not buying their products is good. I don't know why it hasn't been a rule for a long time and applied to just about everything. The government (at any level) shouldn't be buying anything from China. Nor should anything Chinese be part of our infrastructure. That's a pretty obvious security issue.

    1. Re:That doesn't really reverse the decision. by PrimaryConsult · · Score: 1

      Nor should anything Chinese be part of our infrastructure.

      Tell that to California's High Speed Rail project.

    2. Re:That doesn't really reverse the decision. by sabbede · · Score: 1
      Okay, but I don't know if the tracks will say anything back.

      But seriously, I don't know what you're referring to. Is California buying Chinese trains?

    3. Re:That doesn't really reverse the decision. by PrimaryConsult · · Score: 1

      I stand corrected. I Looked back into it and it appears I had out of date info - while China was considered the favorite for quite a few years, DB (Germany) ultimately won the contract. A Chinese company had also formed a partnership to build part of the LA to Vegas high speed rail but cancelled the partnership due to the requirement that the trains be built here.

    4. Re:That doesn't really reverse the decision. by sabbede · · Score: 1

      I did remember a story where California would, as a consequence of not thinking things through, be mandating people buy something from China but I couldn't remember what it was. It clicked when I read your comment - solar panels.

  19. Bill of Attainder by mysidia · · Score: 2

    What's this odd amendment crap? The Executive branch has the inherent authority to decide who to prosecute or whether to prosecute or not, But the Congress does not.

    An "amendment" to a bill, Or a law Naming a specific person or company such as ZTE and stating that person or company are guilty of a crime or misdeed and/or applying a punishment to a specific company or individual is called a Bill of Attainder, And it is an Unconstitutional action for Congress to try and pass an instrument such as this (US Constitution, Article I, Section 9, paragraph 3: "No Bill of Attainder or ex post facto Law will be passed.").

    Congress is specifically denied the ability to pass a law naming an Individual or Corporation (such as ZTE) and imposing a punishment ---- this authority is reserved to the courts and to the executive; Congress is specifically denied the authority to find anyone guilty of anything -- that's for other branches of government to handle. So I sure hope this gets challenged appropriately.

    1. Re:Bill of Attainder by drinkypoo · · Score: 1

      Wrong. They were already found guilty. This is about preventing them from continuing to do damage

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Bill of Attainder by mysidia · · Score: 1

      Wrong. They were already found guilty. This is about preventing them from continuing to do damage

      Not wrong. Any law singling out a person (including a company) and assigning them for punishment by name ---
      even if they are a foreigner who only does business in the US is by definition a Bill of Attainder, which is unconstitutional.

      Also..... ZTE have not been given a trial and found guilty to any crime; there was some evidence of a violation, And
      according to the Department of Commerce, they had found violations on the part of ZTE, and initially sanctions were
      going to be imposed, which is the executive branch's prerogative that is their duty in the enforcement of border controls.

      Just like border patrol agents who are in the executive can decide to refuse suspicious applicants a visa for entry into the US.
      HOWEVER, Congress does not have the power to decide they don't like how the executive allowed someone they wanted block
      and pass a law, that says something like "You in particular, Mr. John. A Doe are to be denied entry into the US for any future business."

      The action MUST come from the courts or the judges enforcing the laws in an equal way.
      Laws that can be enforced without violating the constitution cannot single out particular people or entities for different treatment,
      for any reason..... doesn't matter if person X was so unpopular some people in congress wanted to pass a prejudicial law against person X.
      The prejudicial law specifically identifying person X is unconstitutional, even if person X had been found guilty of a crime before.

  20. Re: hard to see this passing. by N1AK · · Score: 1

    Only if the "ruling" class can't get exemptions... and they will always be able to until the electorate change how they respond. If a man can be president while having dodged the draft for bone spurs that didn't stop him enjoying squash, tennis, and golf, and that went away with no medical treatment it simply isn't realistic to think that a draft could be implemented that wouldn't provide a way out for the wealthier and better connected in society.

  21. Re:Free-market capitalism by Green+Mountain+Bot · · Score: 1
  22. shame on you by lucm · · Score: 1

    ^ for the record, anyone who upvoted that comment is adding another brick to the wall of ignorance that is infinitely more damaging to america than trump's fantasy mexican wall

    --
    lucm, indeed.
  23. wat by lucm · · Score: 1, Troll

    So, you're saying that the 500 million dollar deal doesn't exist or is a lefty story? [...] But if you want to just strawman

    No. I called out the poster on his "fucking piece of neo-fascist enabling shit" comment, that's it. There is nowhere any mention of any deal in my comment, so if at some point you want to see what a real "strawman" is, read your own post.

    to whoever modded that guy up: I hope you people are happy with the echo chamber you're building. Pretty soon there won't be discussions on this website, just a bunch of retards high-fiving each other and reacting to inflammatory op-eds. Bravo.

    --
    lucm, indeed.