Truth, Justice, and the American Huawei: Chinese tech giant tries to convince US court ban is unconstitutional

They think it's a level playing field. How sweet

Huawei is trying to have a key part of American lawfare against the Chinese company thrown out by a US court – on the grounds it breaks the United States constitution.

The telecoms kit manufacturer is arguing that section 889 of the National Defence Authorisation Act (NDAA) 2019 is unconstitutional under US law because it singles out a single entity – Huawei itself – for "trial by legislature".

Song Liuping, Huawei's chief legal officer, said at a press conference earlier today: "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 NDAA bans US government agencies and contractors from contracting with Huawei themselves. Given that most large companies end up chasing government business sooner or later, this is a de facto ban on Huawei equipment.

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Liuping also said that Huawei believes "that US politicians are using cyber security as an excuse to gain public support for actions that are designed to achieve other goals" – a clear reference to the ongoing US-China trade war.

Huawei claims that the various US laws and sanctions against it amount to punishment without trial in a method that does not allow it to present a proper defence. It has filed a motion for summary judgment in its favour in the US District Court for Eastern Texas, which is scheduled to be heard on 19 September this year.

The Chinese gear maker also warned the US sanctions would "harm more than 1,200 US suppliers" in an unsubtle move to remind the US that trade tariffs also affect domestic industries as well as foreign businesses. ®

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