China’s Huawei has filed a motion for summary judgement in its lawsuit against the U.S. government, according to a court filing in the United States. This is the latest attempt in the telecoms equipment maker’s arsenal to fight sanctions from Washington which look to disrupt their business worldwide.
The motion was filed late Tuesday in the U.S. District Court for the Eastern District of Texas asks to declare the 2019 National Defense Authorization Act (NDAA) unconstitutional. This is an update to the lawsuit that Huawei started in March. No doubt that being put on an entity list, and being banned in the U.S. had an effect on the necessity of fighting back. The world’s largest telecom network gear provider, since May 16th, have had issues with suppliers and business around the world. Google, Intel, Qualcomm and others are among the few to cut ties with the Chinese smartphone maker. This has inadvertently affected business.
The NDAA bill passed into law by the U.S. Congress last summer, and places a broad ban on federal agencies and their contractors from using Huawei equipment on national security grounds. They cited the company’s ties with the Chinese government, a factor in this decision. Huawei after, has repeatedly denied to have any affiliation with the Chinese government, military, or intelligence.
Huawei’s chief legal officer, Song Liuping wrote in the Wall Street Journal that the law is a violation of due process as it “directly and permanently applies to Huawei without opportunity for rebuttal or escape”.
“This is the tyranny of ‘trial by legislature’ that the U.S. Constitution prohibits,” he added.
And to add to this, Song Liuping, in Huawei’s press conference today, mentions that the unconstitutional ban might have in-adverse affects after the fact.
“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.”