Huawei challenges US ban as ‘unconstitutional’ and files legal motion. Calls US ban as unprecedented, never seen before in history. (Image source: Reuters)Huawei has filed a legal motion, challenging the US government’s ban on its equipment as unconstitutional. Huawei had originally filed the lawsuit against the US defense bill on March 6, and now the company’s chief legal office Song Liuping confirmed that they have filed a motion for a summary judgment to ensure a quicker decision.
According to Huawei’s statement, the company is hoping that the court also declares that the restrictions, which were imposed by the US Congress, are unconstitutional. Reuters reports that the motion for summary judgment in its lawsuit against the US government was filed late on Tuesday in the US District Court for the Eastern District of Texas.
Huawei’s telecom equipment was banned in the US under the 2019 National Defense Authorization Act (NDAA), which the company says is unconstitutional.
Song also said that putting Huawei on the ‘Entity List’ due to which companies like Google, ARM, Microsoft have had to suspend business with the firm will have far-reaching implications. The Entity list forbids US companies from doing business with the firm unless they have license granted to this effect, which is likely to be denied given the US government sees Huawei as a security threat.
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“This decision threatens to harm our customers in over 170 countries, including more than three billion consumers who use Huawei products and services around the world. Connectivity is a basic human right, and the US government is putting their rights at risk. Especially people in underdeveloped countries, where there is a large digital divide,” Song said in a statement, which was also shared on Huawei’s website.
“As you know, politicians in the US are using the strength of an entire nation to come after a private company. They are using every tool they have, including legislative, administrative, and diplomatic channels. They want to put us out of business,” he added.
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Huawei called this as ‘not normal’ and something never seen in history, adding that the US government has given no proof or evident to show the threat that the company poses.
“And yet Congress signed Section 889 of the 2019 National Defense Authorization Act (NDAA) into law – assuming guilt, not innocence. This legislation provides Huawei with no opportunity to defend ourselves or provide evidence. It gives us no opportunity to present a rebuttal. This is “trial by legislature,” and it is prohibited by the US Constitution,” Huawei’s chief legal officer said in the statement.
Huawei’s executive also said that the move will directly harm more than 1,200 US companies and impact tens of thousands of American jobs.
“We believe this sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” the statement adds.
The US government does not appear to be in mood to back. US Secretary of State Mike Pompeo in an interview with Fox Business Network called Huawei ‘an instrument of the Chinese government.’ “They’re deeply connected. It’s something that’s hard for Americans to understand,” he said.
The US government has argued that Huawei equipment could be used by the Chinese government to spy on American networks. However, as several reports point out that US courts are unlikely to overturn the ban, given they tend to side with the government on issues of national security.
With Reuters inputs
