Huawei ramps up legal fight against U.S. with new filing

Huawei Chief Legal Officer Song Liuping speaks during a press conference in Shenzhen, China, today. (Huawei)

Huawei has filed a motion for summary judgement in an effort to expedite its pending lawsuit against the U.S. government.

Huawei initially filed its suit against the U.S. government in March in the federal court for Eastern district of Texas, challenging Section 889 of the 2018 National Defense Authorization Act (NDAA), which banned federal agencies from buying Huawei products. The law explicitly singles out Huawei and ZTE, which Huawei argues is illegal and unconstitutional because it singles out a specific group for punishment without a trial.

The lawsuit seeks to remove Section 889 of the law, and asks for a permanent injunction against these restrictions.

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The NDAA, which was signed into law in August 2018, is just one of a series of bans the U.S. government has taken against Huawei. Earlier this month, the U.S. Department of Commerce formally listed Huawei and its affiliates on the agency's “entity list,” barring U.S. companies from exporting products to Huawei without obtaining special licenses to do so.

President Donald Trump has also declared a national emergency around security risks of telecom equipment, though the declaration does not specifically name Huawei.

RELATED: FCC commissioner calls for U.S. government to fund removal of existing Huawei gear from carrier networks

At a press conference today in Shenzhen, China, Huawei Chief Legal Officer Song Liuping described the bans as politically motivated distractions.

“Politicians in the U.S. are using the strength of an entire nation to come after a private company,” Song said at the press event. “The U.S. government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation. These actions will do nothing to make networks more secure.”

Glen Nager, Huawei’s lead counsel for the case and a partner in Cleveland-based law firm Jones Day, argued that there are no facts being disputed in the case and consequently has asked for a summary judgement. In its latest filing, Huawei is asking the courts to rule in its favor as “a matter of law,” which could possibly remove the need for a lengthy trial process.

A hearing on the motion is due Sept. 19.

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