SHENZHEN: Chinese telecom giant Huawei filed a motion for summary judgment as part of a process to challenge the constitutionality of the 2019 National Defense Authorization Act, as parts of its continuing efforts to challenge the US government for unfair treatment and speed up the process, Chinese media reported Wednesday.
Politicians in the US are using the strength of an entire nation to come after a private company, Song Liuping, Huawei’s chief legal officer, told a press conference on Wednesday at the company’s headquarters in Shenzhen, South China’s Guangdong Province.
In its complaint, filed in a US District Court in Plano, Texas, Huawei argues that Section 889 of 2019 NDDA singles out Huawei by name and not only bars US 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 and services, which Huawei sees as discriminatory.
The US Commerce Department also added Huawei into the Entity List, which set a dangerous precedent, Song said.
“To prove that the relevant section of the 2019 NDAA is an unconstitutional bill of attainder, Huawei only needs to show that it was a punishment specifically targeting Huawei. The evidence is clear,” Dr. Yue, a US-based lawyer, told the Global Times on Wednesday.
The primary proponent of the NDAA stated in the US Senate that the Act’s purpose was to give Huawei the “death sentence,” he said, noting that the Chinese company is fighting for its own rights and defending the US Constitution.
“The judicial system is the last line of defense for justice. Huawei has confidence in the independence and integrity of the US judicial system,” Song said, noting that the company hopes that mistakes in the NDAA can be corrected by the court.
In line with a court scheduling order, a hearing on the motion is set for September 19.
