Huawei files legal motion seeking to declare a U.S. defense law unconstitutional

“China’s Huawei Technologies Co Ltd has filed a legal motion seeking to declare a U.S. defense law unconstitutional, in the telecom equipment maker’s latest bid to fight sanctions from Washington that threaten to push it out of global markets,” Reuters reports.

“The motion for summary judgment in its lawsuit against the U.S. government, filed late on Tuesday in the U.S. District Court for the Eastern District of Texas, asks a judge to declare the 2019 National Defense Authorization Act (NDAA) unconstitutional,” Reuters reports. “Huawei filed its lawsuit in March.”

MacDailyNews Take: Straight to the rocket docket!

“The NDAA bill, passed by the U.S. Congress last summer, places a broad ban on federal agencies and their contractors from using Huawei equipment on national security grounds, citing the company’s ties with the Chinese governmen,” Reuters reports. “U.S. Secretary of State Mike Pompeo kept up the pressure on Huawei on Wednesday. ‘Huawei is an instrument of the Chinese government,’ Pompeo said in an interview with Fox Business Network.”

“Glen Nager, a partner at law firm Jones Day and lead counsel for Huawei, told Reuters the U.S. court had agreed on a schedule to hold hearings in September on motions by opposing sides,” Reuters reports. “In November 2018, a federal appeals court rejected a similar lawsuit filed by Russian cybersecurity firm Kaspersky Lab, which was challenging a ban on the use of the company’s software in U.S. government networks.”

Read more in the full article here.

MacDailyNews Take: Good luck with that, Huawei.

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3 Comments

  1. From the Article:

    “Pang also said he did not expect the “political” situation to delay the introduction in China of fifth-generation (5G) network technology.”

    I believe what he meant to say was no ‘legal’ situation would stop them from doing whatever the F they want because Welcome to China.

    1. So you would agree that if China passed a law banning a US company, that should prevent that American company from doing whatever it wants in America that is legal under American law? Is this MAGA thing really about nationalism (which would cut both ways) or imperialism? The two things are not identical. The current Administration has every right to adopt lawful policies for the US, but it is increasingly seeking to give those policies extraterritorial effect by binding foreign governments to follow its orders. If Huawei is actually a Chinese state actot, as the US insists and as may be the case, it may be a good idea to restrict them from the US, but it is clearly nonsense to expect China to restrict their operations within China.

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