Missouri has recently acquired a monumental victory in court.
According to Just the News, Missouri Attorney General Andrew Bailey is spearheading efforts to seize Chinese-owned farmland in the state to enforce a $24 billion judgment over COVID-19 damages.
The judgment was pronounced by U.S. District Court Judge Stephen N. Limbaugh Jr., who found China culpable for allegedly obscuring the initial spread of the COVID-19 pandemic and accumulating protective medical gear. The case, initiated by former Attorney General Eric Schmitt and concluded by Bailey, ended in January with a default decision due to China’s non-participation.
Judge Limbaugh articulated that the Missouri state has endured notable financial losses in tax revenue, which he attributed directly to China’s early actions during the pandemic. Since the Chinese side has not acknowledged the ruling, they have dismissed it as having "no basis, law, or international precedence," according to Liu Pengyu, a spokesman for the Chinese embassy. Liu also issued a stark warning of "reciprocal countermeasures" if the ruling affects China's interests.
In the words of Attorney General Andrew Bailey:
Missouri will start to identify and begin going to court to seize those assets to enforce that judgment. We intend to collect on that judgment to rectify the harm done to Missourians.
There are significant assets at stake, specifically the area of farmland owned by Chinese entities which totals approximately 384,000 acres across the United States. Missouri is targeting these assets to satisfy part of the judgment amount.
The Foreign Sovereign Immunities Act provides the legal groundwork for these actions, allowing lawsuits against foreign states under specific conditions. In cases like Missouri's, where a state seeks reparation for damages it attributes to another nation, the law enables such legal challenges.
Andrew Bailey expressed disdain for China’s negligence to participate in the U.S. legal process. He detailed the efforts made to serve China with legal notices, criticizing their lack of engagement in the lawsuit.
This landmark case pushes forward a growing trend in U.S. states' legislative movements toward restricting or outright banning land ownership by foreign powers, especially those identified as adversaries, near key military bases or sensitive locations.
Missouri's legal pursuit against the Chinese government over COVID-19 damages is a significant reflection of broader concerns over foreign influence on American soil, particularly concerning critical resources like farmland.
In his court ruling, Judge Limbaugh emphasized the misleading actions of China that delayed global responses to the pandemic, noting the significant repercussions on Missouri's financial health and stating: Missouri has demonstrated that the State has suffered significant harm in the form of lost net general tax revenue the State of Missouri would have collected but for the Defendants’ hoarding of PPE.
The unfolding situation highlights the complexities of international law and the challenges in enforcing such massive judgments across international borders. Missouri's approach sets a possibly unprecedented path that other states might follow, depending on the outcome of these asset seizure efforts.
This case encapsulates not only the immense economic impacts attributed to the pandemic but also the resultant geopolitical tensions that can extend far beyond the immediate health crises. As Missouri moves forward with its plans to enforce this ruling, the international community watches closely to see the impacts of such legal actions on global diplomatic relations and trade policies.
