Huawei steps up legal fight against US bans

Stefan Mileschin · 31st May 2019, 07:12

Punishing someone without a trial or evidence is unconstitutional

Huawei is stepping up its fight against American bans. The tech giant has motioned for summary judgment in its lawsuit to invalidate Section 889 of the 2019 National Defense Authorisation Act, arguing that it violates the "Bill of Attainder, Due Process and Vesting" clauses of the US Constitution.

Huawei's Song Liuping said the law explicitly bans Huawei by name despite "no evidence" of a security risk and bans third-party contractors who buy from Huawei even when there's no link to the US government.

The company also pre-emptively tried to dismiss claims that there are facts up for dispute. This is a simple "matter of law", according to lead counsel Glen Nager.

A hearing on the motion is due September 19. Even if it wins it will not get Huawei off the Commerce Department's Entities List, which forced US companies to stop doing business with the Chinese firm.

It could also push the US to provide evidence to support the measure.

https://fudzilla.com/news/48787-huaw...gainst-us-bans

31st May 2019, 07:12	#1
Stefan Mileschin [M] Reviewer Join Date: May 2010 Location: Romania Posts: 148,553	Huawei steps up legal fight against US bans Punishing someone without a trial or evidence is unconstitutional Huawei is stepping up its fight against American bans. The tech giant has motioned for summary judgment in its lawsuit to invalidate Section 889 of the 2019 National Defense Authorisation Act, arguing that it violates the "Bill of Attainder, Due Process and Vesting" clauses of the US Constitution. Huawei's Song Liuping said the law explicitly bans Huawei by name despite "no evidence" of a security risk and bans third-party contractors who buy from Huawei even when there's no link to the US government. The company also pre-emptively tried to dismiss claims that there are facts up for dispute. This is a simple "matter of law", according to lead counsel Glen Nager. A hearing on the motion is due September 19. Even if it wins it will not get Huawei off the Commerce Department's Entities List, which forced US companies to stop doing business with the Chinese firm. It could also push the US to provide evidence to support the measure. https://fudzilla.com/news/48787-huaw...gainst-us-bans

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