Huawei files new legal action as it tries for a swift end to its lawsuit against the US government






Huawei has taken the next step in its legal case against the U.S. government in a bid to expedite the process.

In March, Huawei filed a lawsuit against the U.S. alleging a law that bans government agencies from buying the Chinese technology giants equipment is unconstitutional.

The lawsuit focuses on a provision in a law known as the National Defense Authorization Act (NDAA). Section 889 of that legislation prohibits executive government agencies from procuring telecommunications equipment from Huawei and rival ZTE. Both are explicitly named in the act.

Now Huawei is filing whats known in legal terms as amotion for summary judgement. Its a request that the court rule in Huaweis favor as a matter of law. That is, the company is saying this case presents questions about law — the NDAA and the U.S. Constitution — and does not at this point involve any dispute over facts.

The Eastern District of Texas court has scheduled a hearing for Sept. 19. It could take several months to get a decision on Huaweis motion.

Huaweis aim is to speed up the process. If the court rules in favor of the Chinese tech giant, there will be no need for a full-blown trial. Lawyers for the U.S. government could, however, ask the court to reject the motion.

The technology firm is looking to get Section 889 of the NDAA thrown out. It is possible to get a single section of the law removed without ripping up the entire legislation.

Huawei argues that the provision in the NDAA in which it is explicitly named is abill of attainder — wherein a legislative act pronounces a specific individual or group guilty of some offense and punishes them without due process. Thats forbidden by the U.S. Constitution.

The companys lawyers also argued that Section 889 is unlawful because the firm cannot hear the evidence against it and fight that in court, therefore violating its rights to due process.



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