Huawei has filed a motion asking the United States courts for a summary judgment on its move to get a US ban on Huawei equipment for federal agencies and contractors overturned. The action comes nearly three months after Huawei filed a lawsuit against the US government, arguing that the federal ban, outlined in section 889 of the 2019 US National Defence Authorisation Act (NDAA), is unconstitutional as it singles out a person or a group for punishment without trial.

Unprecedented

Huawei chief legal officer Song Liuping told a press conference in Shenzhen the US is “using every tool they have, including legislative, administrative, and diplomatic channels. They want to put us out of business. This is not normal. Almost never seen in history.” He explained, “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.” Mr Song added, “The judicial system is the last line of defence for justice. Huawei has confidence in the independence and integrity of the US judicial system. We hope that mistakes in the NDAA can be corrected by the court.” The US claims Huawei represents a national security risk in respect to super-fast 5G networks are seen as one of the gateways to a future digital economy, powering industrial internet-of-things applications. Huawei said the banning on the excise of cybersecurity as an excuse “will do nothing” to strengthen the security of government networks, and will distract attention from the “real challenges”.

Tomorrow it could be you

Huawei is filing the motion for a summary judgment in order to accelerate the process of halting “illegal action against the company.” In a company press release, Glen Nager, Huawei’s lead counsel for the US case, said that Section 889 of the 2019 NDAA “violates the Bill of Attainder, Due Process, and Vesting Clauses of the United States Constitution”. He said the case was purely “a matter of law” as there are no facts at issue, thereby justifying the motion for a summary judgment to speed up the process. Mr Song explained the US move could directly impact more than 1,200 suppliers who work with Huawei. He said the blacklist “sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.”