The legal firm of a prominent US law firm defending a US law enforcement official accused of terrorism and espionage has come under fire after it was found to have misrepresented its legal expertise to its clients.
The defense lawyer for John Brennan, who is accused of spying for the US government, said his client’s position on China’s territorial claims in the South China sea was based on legal principles.
Brennan, who has been nominated for a US Senate confirmation, has been a vocal critic of China’s actions in the region.
He is accused by Beijing of spying on allies and taking advantage of them to meddle in their internal affairs.
He has denied any wrongdoing.
But the defense lawyer’s firm has defended Brennan in the past, citing his expertise in the areas of cybercrime, cyberlaw and national security.
But in a recent interview with The New York Times, Brennan said the United States should not take unilateral action in the international waters.
“If the United Kingdom or France are trying to assert their sovereignty over an area that they have sovereignty over, that’s not a dispute between nations,” Brennan told the Times.
“We have to understand that there are two nations, the United Nations and China, and that we are in a treaty that they must respect.”
Brennecourt said the law firm, Perkins Coie, has “no special relationship” with China.
“It’s not something we’ve ever had any relationship with,” Brennan said.
“I think what you can do is look at the law and try to determine what the law says and if it can be challenged.”
As a general rule, it’s not clear that a dispute is the best venue for us to do this.
“What we do have expertise in is the laws of nations, whether it’s human rights law or whether it might be about national security.”
The law firm defended Brennan’s legal position in response to a letter from the State Department, the House Committee on Foreign Affairs and the Senate Committee on the Judiciary asking for a copy of its opinion on the issue.
In the letter, the State department noted that Brennan “has been appointed to the National Security Council for the past six years, serving under President Obama”.
“This position is not limited to US national security,” the letter said.
“Brennys expertise extends to all aspects of US foreign policy and international relations.
It has been acknowledged by the United State Department that his work and services are valued by the President.”
The letter added that “the President is well aware of the importance of the U.S.-China relationship and its potential to strengthen it through its partnership in national security and the pursuit of shared goals.”
A spokesperson for Perkins CoIE did not immediately respond to a request for comment.
A spokesperson from the Senate Judiciary Committee said the committee “has reviewed the Perkins Coies opinion and the Department of Justice’s responses” to the letter.
“The Committee takes seriously the need to ensure that the U and China’s respective legal systems respect international law,” the spokesperson said.
China has repeatedly criticized the US for interfering in its internal affairs and is expected to seek more attention in the coming weeks for what it calls its “toxic” relationship with the US.
China is already ramping up efforts to expand its territorial claims to a number of islands in the Spratly Islands in the Paracels.