Huawei Asks Court to Deem US Security Law Unconstitutional

Huawei's chief legal officer Song Liuping said at a press briefing that Huawei had filed a motion for summary judgment asking the court to rule on whether it is constitutional for the US to implement a military spending provision that bars the government and its contractors from using Huawei equipment.

Huawei is the biggest global maker of network equipment, but it is now fighting to maintain access to major markets for next-generation communications as the US claims the company threatens international cyber security.

In March, Huawei launched its suit against the section of the US national defense law in Plano, Texas, the headquarters of its US operations. The complaint calls the US provision a "bill of attainder," which selectively punishes Huawei and violates due process by presuming Huawei's guilt without a fair trial. The summary judgment motion seeks to accelerate the legal process to give US customers access to Huawei equipment sooner, according to a Wednesday statement from Huawei.

Song said the "state-sanctioned campaign" against the company will not improve cyber security, AP reported.

"Politicians in the US are using the strength of an entire nation to come after a private company," he said. "This is not normal."

The US and China are embroiled in a protracted trade dispute and tariff war that began last July following complaints from President Donald Trump that China steals from or pressures foreign companies to hand over technology while unfairly subsidizing Chinese businesses. The most recent round of negotiations earlier this month ended with no agreement, after Trump more than doubled duties on $200 billion in Chinese imports. China responded by raising tariffs of 5% to 25% on $60 billion worth of American goods.

Soon afterward, the US Commerce Department placed Huawei on its "Entity List," effectively barring US firms from selling its technology without government approval. Huawei relies heavily on US components, including computer chips, and about one-third of its suppliers are American.

The move has already affected the company's US partnerships. Google said it would continue to support existing Huawei smartphones, but future devices won't carry its flagship apps and services, including maps, Gmail and search — a change that will likely make Huawei phones less appealing.

Song said the US is setting a "dangerous precedent."

"Today its telecoms and Huawei," he said. "Tomorrow it could be your industry, your company, your consumers."