Huawei Files New Motion in its Lawsuit Against 'Unconstitutional' US ban

Why This Matter: Huawei’s battle with Donald Trump’s administration isn’t abating. As well as dealing with its recent addition to the Entity List, which bans American organizations from doing business with the Chinese firm, the company has filed a motion for a summary judgment against the US government as it looks to declare part of the 2019 National Defense Authorization Act (NDAA) unconstitutional.

Responding to the ban, Huawei filed a lawsuit against the US government in March. It alleged that section 889 of the Act is unconstitutional as it specifically targets a person or group without a fair trial. Huawei hopes a summary judgement will speed up the process of stopping “illegal action against the company.”

Back in August last year, President Trump signed the 2019 National Defense Authorization Act (NDAA), which bans US government agencies and contractors from using certain tech from ZTE, Huawei, and other Chinese firms over security concerns.

“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort,” said Guo Ping, Huawei’s rotating chairman.

Huawei says the Act disrupts existing contracts, stigmatizes the company and its employees as “tools” of the Chinese government, and threatens its ability to do business in the U.S.

“They are using every tool they have, including legislative, administrative, and diplomatic channels. They want to put us out of business. This is not normal. Almost never seen in history,” said Huawei’s chief legal officer, Song Liuping, in a press conference in Shenzhen. “The fact is, the US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation.”

“The judicial system is the last line of defense for justice. Huawei has confidence in the independence and integrity of the US judicial system. We hope that mistakes in the NDAA can be corrected by the court,” Song added.

Huawei’s recent inclusion on an Entity List that prevents it from doing business with US companies without a license could spell disaster. Google, Microsoft, Qualcomm, Intel, Broadcom, the Wi-Fi Alliance, and others have been cutting ties with the firm in the wake of the decision.

“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” said Song.

Huawei claims blacklisting the firm will harm 1,200 US companies and could put tens of thousands of Americans out of a job