Huawei Files Legal Action to Expedite End to Its Lawsuit Against U.S.

Huawei filed a motion Tuesday in an effort to hasten its legal case against the U.S. government and have the court rule in its favor.

Huawei’s lawsuit against the U.S. claims the country’s law banning the Chinese tech giant from selling equipment to U.S. government agencies is unconstitutional. As a result, the company filed a “motion for summary judgment,” CNBC reports.

Its claim of unconstitutionality is based on Section 889 of the National Defense Authorization Act (NDAA) law that bars executive government agencies from procuring telecommunications equipment from Huawei and rival ZTE.

The company maintains the case presents questions about the law and the U.S. Constitution rather than any dispute over facts and should, therefore, end in a ruling in Huawei’s favor as a matter of law.

A hearing on the case has been scheduled in the Eastern District of Texas court for September 19, but a final decision on the motion may take months to be made.  The aim of Huawei’s move is to speed up the process and avoid a trial.

It is seeking from the court to remove Section 889 from the law because, it argues, the provision punishes the company without due process. The U.S. has repeatedly accused Huawei of stealing information and sharing it with the Chinese government as well as of attempts to spy on U.S. citizens, accusations the company vehemently denies.

Pressure on Huawei has been mounting in recent months, most recently with President Donald Trump’s executive order which gave the executive government the authority to block foreign tech companies from doing business in the U.S. if they are perceived as a threat to national security. Although the tech giant was not specifically named in the order, it was largely seen as the target.

As a result, Google suspended some of its business with Huawei, which could prove devastating to the company.

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