American University Law Review Volume 69 Issue 6 Article 4 2020 Judge, Jury, and Executioner: Why Private Parties Have Standing to Challenge an Executive Order That Prohibits ICTS Transactions with Foreign Adversaries Ari K. Bental American University Washington College of Law Follow this and additional works at: https://digitalcommons.wcl.american.edu/aulr Part of the Law and Politics Commons, and the President/Executive Department Commons Recommended Citation Bental, Ari K. (2020) "Judge, Jury, and Executioner: Why Private Parties Have Standing to Challenge an Executive Order That Prohibits ICTS Transactions with Foreign Adversaries," American University Law Review: Vol. 69 : Iss. 6 , Article 4. Available at: https://digitalcommons.wcl.american.edu/aulr/vol69/iss6/4 This Comment is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. Judge, Jury, and Executioner: Why Private Parties Have Standing to Challenge an Executive Order That Prohibits ICTS Transactions with Foreign Adversaries Abstract On May 15, 2019, President Donald Trump, invoking his constitutional executive and statutory emergency powers, signed Executive Order 13,873, which prohibits U.S. persons from conducting information and communications technology and services (ICTS) transactions with foreign adversaries. Though the executive branch has refrained from publicly identifying countries or entities as foreign adversaries under the Executive Order, observers agree that the Executive Order’s main targets are China and telecommunications companies, namely Huawei, that threaten American national security and competitiveness in the race to provide the lion’s share of critical infrastructure to support the world’s growing 5G network.