Huawei takes new legal actions against Sec 889 of the National Defense Autorization Act and Trump’s veto

The NDAA is bad for Huawei, but also takes away freedom of choice for American operators and consumers

Eva González Shenzhen (RPC), 29 May, 2019

Huawei informed this morning that the company is taking new legal actions before the court of justice to stop Trump Government’s veto against the Chinese company. Huawei has filed a motion for a summary judgement on the lawsuit previously filed by the company against the Section 889 of the National Defense Autorization Act. Huawei asked the court of justice to declare this section unconstitutional.

In line with a court scheduling order, a hearing on the sumary motion is set for Sept. 19.

“On March 6, Huawei filed a lawsuit in the US, asking the court to declare certain parts of Section 889 as

Song Liuping (Chief Legal Officer of Huawei). © Huawei.

unconstitutional, said Song Liuping (Chief Legal Officer, Huawei).

And he continued: “Just now, we filed a motion for a summary judgment. By doing this, we hope that the court can: issue a judgment in the fastest and most efficient way declare restrictions on Huawei as unconstitutional and stop enforcement of related sections Some people question why Huawei is fighting this law. They say it’s a PR stunt.

Let me be clear: This lawsuit is about what’s right. The NDAA is bad for Huawei. But it also takes away freedom of choice for American operators and consumers…Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.

The judicial system is the last line of defense 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.”

In the complaint, Huawei argues that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars U.S. government agencies from buying Huawei equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services—even if there is no impact or connection to the U.S. government.

Glen Nager, Huawei’s lead counsel for the case, said at the press conference that Section 889 of the 2019 NDAA violates the Bill of Attainder, Due Process, and Vesting Clauses of the United States Constitution. Thus the case is purely “a matter of law” as there are no facts at issue, thereby justifying the motion for a summary judgement to speed up the process.

Trump, using Huawei’s veto as a weapon in US-China trade negotiations

Last 23rd May 2019 The President of the United States, Donald Trump, made at a press conference the following decalrations: “But Huawei is something that’s very dangerous. You look at what they’ve done from a security standpoint, from a military standpoint. It’s very dangerous. So it’s possible that Huawei even would be included in some kind of a trade deal. If we made a deal, I could imagine Huawei being possibly included in some form of or some part of a trade deal.”

Trump presents his farming support plan on 23rd May 2019.

To the question “Given the tension now, not only over trade, but over Huawei and technology — what likelihood is there that there will be a trade deal in the next two months?”, President Trump answered: “Well, there’s a possibility. I think probably a good possibility. I don’t know how China can do this. Because I’ll be honest: We’re getting hundreds of billions of dollars brought into our country. We’ve never gotten 10 cents. We’re getting hundreds of billions of dollars coming into our country.

Image over the headline.- Detail of Huawei’s stand at the Mobile World Congress 2019 held in Barcelona (Spain). © Huawei.

Read below in full the statement made by Song Liuping in behalf of Huawei at the press conference held by the Chinese tech company this same morning:

“Ladies and gentlemen,

Good morning, and welcome.

As you know, politicians in the US are using the strength of an entire nation to come after a private company.

They are 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.

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.

And yet Congress signed Section 889 of the 2019 National Defense Authorization Act (NDAA) into law – assuming guilt, not innocence.

This legislation provides Huawei with no opportunity to defend ourselves or provide evidence. It gives us no opportunity to present a rebuttal.

This is “trial by legislature,” and it is prohibited by the US Constitution.

On March 6, Huawei filed a lawsuit in the US, asking the court to declare certain parts of Section 889 as unconstitutional.

Just now, we filed a motion for a summary judgment. By doing this, we hope that the court can: issue a judgment in the fastest and most efficient way; declare restrictions on Huawei as unconstitutional; and stop enforcement of related sections.

Some people question why Huawei is fighting this law. They say it’s a PR stunt.

Let me be clear: This lawsuit is about what’s right. The NDAA is bad for Huawei. But it also takes away freedom of choice for American operators and consumers.

In the United States, many people in rural areas have been forgotten. They still don’t have access to affordable broadband networks.

For many years, we have been working closely with rural operators to ensure that all Americans have equal access.

Despite these efforts, two weeks ago, the US Commerce Department added Huawei to their “Entity List.”

This decision threatens to harm our customers in over 170 countries, including more than three billion consumers who use Huawei products and services around the world.

Connectivity is a basic human right, and the US government is putting their rights at risk. Especially people in underdeveloped countries, where there is a large digital divide.

In addition, by preventing American companies from doing business with Huawei, the government will directly harm more than 1,200 US companies. This will affect tens of thousands of American jobs.

It’s unfortunate that the US government is using so much time, resources, and political capital to attack a private company.

We believe this sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.

The judicial system is the last line of defense 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.

As always, ensuring cyber security is Huawei’s top priority. We are doing everything we can to continue providing secure and advanced products with the support of our global suppliers and customers.

However, we believe that US politicians are using cyber security as an excuse to gain public support for actions that are designed to achieve other goals.

These actions will do nothing to make networks more secure. They provide a false sense of security, and distract attention from the real challenges we face.

Cyber security is a shared challenge.

If the US government’s real goal is security, we expect them to take the right approach and adopt honest and effective measures to enhance security for everyone.

Thank you.

VOTE ARTICLE
Loading...
SHARE ARTICLE