Huawei files court case to overturn American ban
Company files new legal action as seeking a swift end to its lawsuit against the US government
Huawei has filed a motion in US court to expedite a case that seeks to halt “illegal action” against it.
The motion for summary judgment challenges the constitutionality of Section 889 of the 2019 National Defence Authorisation Act (2019 NDAA) which the Trump administration is using to enforce a ban on Huawei in the US market.
Huawei has also called on the U.S. government to halt its “state-sanctioned campaign” against Huawei saying it will not deliver cybersecurity.
“Banning Huawei using cybersecurity as an excuse will do nothing to make networks more secure. They provide a false sense of security, and distract attention from the real challenges we face,” said Song Liuping, Huawei’s chief legal officer. “Politicians in the U.S. are using the strength of an entire nation to come after a private company. This is not normal. Almost never seen in history.”
“The U.S. government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation,” Song added.
In the complaint, Huawei argues that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars U.S. government agencies from buying Huawei equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services—even if there is no impact or connection to the U.S. government.
Song also addressed the addition of Huawei to the “Entity List” by the U.S. Commerce Department two weeks ago. “This sets a dangerous precedent. Today it's telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” he said.
“The judicial system is the last line of defence for justice. Huawei has confidence in the independence and integrity of the U.S. judicial system. We hope that mistakes in the NDAA can be corrected by the court,” Song added.
Glen Nager, Huawei’s lead counsel for the case, said Section 889 of the 2019 NDAA violates the Bill of Attainder, Due Process, and Vesting Clauses of the United States Constitution. Thus the case is purely “a matter of law” as there are no facts at issue, thereby justifying the motion for a summary judgement to speed up the process.
A hearing on the motion is set for Sept. 19.