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Dr.
Song Liuping, Chief Legal Officer of Huawei
Files motion for summary judgment in its court
case to accelerate process to halt illegal action against the company
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Huawei
today filed a motion for summary judgment as part of the process to challenge
the constitutionality of Section 889 of the 2019 National Defense Authorization
Act (2019 NDAA). It also called on the U.S. government to halt its
state-sanctioned campaign against Huawei because it will not deliver
cybersecurity.
Banning
Huawei using cybersecurity as an excuse “will do nothing to make networks more
secure. They provide a false sense of security, and distract attention from the
real challenges we face,” said Song Liuping, Huawei’s chief legal officer.
“Politicians in the U.S. are using the strength of an entire nation to come
after a private company,” Song noted. “This is not normal. Almost never seen in
history.”
“The U.S.
government has provided no evidence to show that Huawei is a security threat.
There is no gun, no smoke. Only speculation,” Song added.
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.
Song also
addressed the addition of Huawei to the “Entity List” by the U.S. Commerce
Department two weeks ago. “This sets a dangerous precedent. Today it's telecoms
and Huawei. Tomorrow it could be your industry, your company, your consumers,”
he said.
“The
judicial system is the last line of defense for justice. Huawei has confidence
in the independence and integrity of the U.S. judicial system. We hope that
mistakes in the NDAA can be corrected by the court,” Song added.
Glen Nager,
Huawei’s lead counsel for the case, said 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.
Huawei
believes that U.S. suppression of Huawei will not help make networks more
secure. Huawei expects the U.S. to take the right approach and adopt honest and
effective measures to enhance cybersecurity for everyone, if the U.S.
government’s real goal is security.
In line
with a court scheduling order, a hearing on the motion is set for Sept. 19.
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