‘BAN IS UNCONSTITUTIONAL’
Huawei argues US moratorium on its equipment denies it of a fair trial
HUAWEI Technologies Co has asked a United States judge to rule that a ban on federal agencies and contractors buying its gear violates the constitution, delivering its latest legal riposte to American accusations it aids Beijing in espionage.
China’s largest technology company asked for summary judgment in a filing late on Tuesday, arguing the moratorium on its equipment disrupted existing contracts, stigmatised Huawei and its employees as “tools” of the Chinese government, and threatened its ability to do business in the US.
Huawei, which has warned that the ban could kill the company, has repeatedly denied those allegations.
The Trump administration has also blacklisted the Chinese company, cutting off the supply of American components it needs to make its smartphones and networking gear.
In challenging the ban, Huawei argues it’s unconstitutional to single out a person or a group for penalty without a fair trial.
It’s taking aim at a provision in the 2019 National Defence Authorisation Act that bars any executive agency, government contractor or company that receives a government loan or grant from using Huawei equipment, according to its complaint.
The firm argues that the provision is a bill of attainder, a legislative punishment without trial that’s prohibited by the US Constitution.
The ban “adjudicates Huawei to be a tool of the Chinese government, imposes vast restrictions on it, and burdens its constitutional rights,” said Huawei.
Huawei’s suit signals a more aggressive response from the firm towards its US accusers, who have been trying to persuade other countries to ban Huawei gear.
Banning the firm “will do nothing to make networks more secure.
“They provide a false sense of security, and distract attention from the real challenges we face”, said Song Liuping, Huawei’s chief legal officer, repeating arguments laid out in a Wall Street Journal opinion piece.
“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your firm, your consumers.”