Huawei is challenging its US contracting ban as unconstitutional

On Tuesday, Huawei filed a legal motion challenging a government ban on its equipment as unconstitutional. It is the latest effort by the Chinese technology company to reject policies that limit its global reach.

Currently, Huawei is fighting an existential threat to its business after the US Department of Commerce. UU Prevent the company from hiring US companies without government approval. The ban, instituted earlier this month, has already forced companies like Google to suspend work with the Chinese technological giant.

That order is only the last effort of the US government. UU To expel Huawei from the country. Before the broader ban, Congress passed a law banning Huawei's products from being used in government, labeling them as a potential threat to security. That prohibition not only prevented government agencies from using the products, but any contractor that hoped to obtain lucrative government contracts also had to abandon the Huawei team. Faced with the ban, Huawei filed a lawsuit against the United States in March, saying the action was unconstitutional.

The lawsuit is still ongoing, and we now have more information about Huawei's legal argument through a motion filed last night, which explains why the company believes that the government's ban should be overturned. The motion asks a court to pronounce itself directly as a "summary judgment."

As legal experts anticipated, Huawei argues that the government's ban is "a draft law of compliance." Under the constitution, Congress is prohibited from passing laws that specifically target people, and Huawei says the ban qualifies.

In the document presented by Huawei, which begins with a quote from James Madison, Huawei says that Congress overstepped the law when it passed legislation that imposed the ban. Huawei was highlighted by name in the defense budget, which included the ban, and the company says the measure "denies Huawei any procedure to provide a rebuttal" to the decision. In a language on the rise, Huawei's lawyers argue that the legislation "produces the same tyranny that the Founders feared" and, therefore, should be declared unconstitutional.

The US government has repeatedly argued that the Chinese government could use Huawei's equipment to spy on US networks and that the ban on companies like Huawei is within its national security powers. (Huawei has denied that its technology can be used to spy on the US.)

The company points to a precedent that dates back to the Civil War and the Cold War when the courts rejected actions against former Confederate soldiers and members of the Communist Party. . The Huawei ban, says the company, is equally "selective" and "punitive": "it imposes the type of permanent disability in the service to the government and / or in the search for the election of the person who has historically been considered a punishment". [19659010] Huawei, says the company, has been described as "disloyal"

Huawei, says the company, has been described as "disloyal" through a legislative act, instead of having the opportunity to present its case before the courts. This has also deprived him of due process, he argues.

The case of the company faces several challenges. After concerns about cybersecurity, the US UU They instituted a federal ban on Kaspersky Lab software based in Russia, a clear precedent for the Huawei order. Kaspersky also filed a lawsuit, arguing that the government had created a bill of compliance, but the government prevailed in court. In general, the courts have given the government wide freedom in matters of national security, which makes Huawei's legal prospects uncertain.

The broader ban, which affects US product sales to Huawei, raises its own set of legal issues. It remains to be seen if Huawei will also take legal action on that front, but this week's legal maneuvers give some indication of what the arguments in that case might be like. (As trade negotiations with China continue, Trump has suggested that the Huawei ban could be lifted as part of an agreement, raising questions about the administration's national security logic).

In a statement accompanying the motion, Huawei's chief legal officer said that the continuation of the crackdown "sets a dangerous precedent."

"Today are telecommunications and Huawei," he said. "Tomorrow could be your industry, your company, your consumers".

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