Huawei files new motion against US ban, aiming for swift dismissal

Chinese telecoms equipment maker Huawei said on Wednesday it has filed a motion requesting the court to rule in its favor in reference to a lawsuit filed in March.

The company said that the 2019 National Defense Authorization Act (NDAA), which was signed by President Donald Trump on Aug. 13, 2018, singled out Huawei without an opportunity for rebuttal or defense. The legislation banned US government agencies from buying telecommunications equipment from Huawei or its rival ZTE.

“The ban is a quintessential bill of attainder and a violation of due process,” said Song Liuping, the chief legal officer at Huawei, in a commentary published in the Wall Street Journal on Monday. “The law provides Huawei with no opportunity to rebut the accusations, to present evidence in its defense, or to avail itself of other procedures that impartial adjudicators provide to ensure a fair search for the truth.”

The Wednesday motion that Huawei filed seeks a summary judgment asking the court to declare the law unconstitutional, according to Song.

Huawei filed a lawsuit on March 6 in Plano, Texas, where Huawei’s American headquarters are located, challenging the constitutionality of the ban. The Eastern District of Texas court has scheduled a hearing for September 19 to consider Huawei’s claims.

Glen Nager, Huawei’s lead counsel for the case, said in the statement that the case was purely “a matter of law” as there are no facts at issue, justifying the motion for a summary judgment to speed up the process.

“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, in a statement announcing the filing.

The US ban on Huawei escalated when Trump signed an executive order banning telecom equipment and services from foreign companies that could pose a threat to national security on May 15, and the Commerce Department placed Huawei on an “Entity List” that requires the company to gain a US government license to by American components and technology.

“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” said Song in a statement, addressing the addition of Huawei to the Entity List.

“The judicial system is the last line of defense 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 added.