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Steve Diminuco: Should the DOJ Serve Xi Jinping or America?

Debate on the Role of the Justice Department

Is the Justice Department meant to cater to ideologies or to safeguard the national security and economic strength of the United States? This question has gained attention following the US intelligence community’s rare public endorsement of the Department of Justice (DOJ) agreement to facilitate the communications merger between HPE and Juniper.

According to a statement, senior intelligence officials highlighted that the DOJ’s action weakened Chinese competitors like Huawei. Huawei currently holds a significant share of the global telecom equipment market, nearly one-third.

Telecom infrastructure is crucial, affecting everything from financial systems to military communications. The entity that builds this infrastructure effectively controls data flow and influences future developments.

The DOJ and the intelligence community argue that the focus should remain on the United States and not China. I mean, I totally agree; allowing China to take this ground would pose both an economic and strategic disaster.

However, some critics argue that the DOJ has been too lenient by resolving lawsuits and allowing the merger to go ahead. This perspective seems misguided, given that HPE-Juniper isn’t even the largest US company in this sector even post-merger.

Federal antitrust authorities are actively pursuing major tech entities, including investigations into companies like Ticketmaster and energy monopolies. The current government is not hesitant to challenge concentration in the market, which is precisely what is influencing HPE-Juniper’s merger debate. A stronger American presence is essential to counter China and Huawei’s influence over emerging technologies such as AI and 5G.

Some suggest that the DOJ should block the HPE-Juniper deal in the name of being tough on business. But this kind of unilateral disarmament would definitely not serve American interests.

Critics want the DOJ to adopt a more stringent stance, ignoring the reality of the situation. They imply that the antitrust goals should undermine American businesses, which feels rather misguided. Just think about it: if US companies compete against Beijing but are fragmented and constantly in conflict with each other, who truly benefits?

It certainly wouldn’t be American workers, the military, or the intelligence community. The deal is described as essential for the US to maintain competitiveness against China. Only Xi Jinping and the People’s Liberation Army would gain from actions that harm America’s interests.

The DOJ seems to understand this well. In discussing the HPE-Juniper settlement, a DOJ spokesman noted that the department collaborates closely with the intelligence community to determine the best course of action.

By tuning into the insights of intelligence experts rather than relying solely on theoretical perspectives, the DOJ has been able to secure important concessions. This, in turn, strengthens America’s position in a critical industry.

This exemplifies effective policymaking, emphasizing the importance of clear communication across various sectors.

It’s possible to safeguard competition while still retaining the ability to compete. We can hold businesses accountable without giving China an upper hand, and uphold the law without compromising national interests.

This isn’t merely about being “pro-business” or “anti-business.” It’s about being pro-American, and the HPE-Juniper agreement represents a significant step in that direction.

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