Huawei fighting the US trade ban in court

By Staff writer | 29 May 2019 at 13:05hrs
Huawei announced that it has filed a motion for summary judgement to challenge the US government's state-sanctioned campaign against the company.

The company argued the trade ban is unconstitutional, adding that the US government's actions against Huawei will do nothing to 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."

Song added that 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 said.

In Huawei's filing, the company challenges the constitutionality of Section 889 of the 2019 National Defense Authorization Act (2019 NDAA), which the company said singles it out by name and not only bars US government agencies from buying Huawei equipment, but also prevents the company from contracting with third parties even if there is no impact on the US government.

Last line of defence

"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 said.

Huawei's lead counsel for the case, Glen Nager, said that 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," Nager said.

Huawei said the suppression of Huawei by the US government will not help make networks more secure, and it expects the US to adopt honest and effective measures to improve cybersecurity for everyone if that is its real goal.

A hearing on Huawei's motion for summary judgement is scheduled for 19 September 2019.



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