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Huawei Files Motion in US Federal Court Calling Ban Unconstitutional, an Assault on Human Rights

MAY 29, 2019 / Song Liuping, Huawei Chief Legal Officer: US blacklisting Huawei is a "dangerous move."

Huawei has filed a legal motion in the United States federal court calling for the ban to be declared unconstitutional and deemed an assault on global human rights. During a press conference on Wednesday, Song Liuping, Huawei's chief legal officer, said the trade ban would "directly harm" American companies and affect jobs. He added: "They are using every tool they have, including legislative, administrative and diplomatic channels. They want to put us out of business. This is not normal. The fact is the US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation."

Section 889 unconstitutional, alleges Huawei: In a motion for summary judgment against the US government, Huawei has argued Section 889 of the National Defense Authorization Act, (which the Trump administration used to enforce the ban) violates constitutional rules by explicitly calling out Huawei by name. "This was a breach of constitutional rules in that Congress may not selectively punish or deprive commercial opportunities." (Washington Post) If section 899 is deemed unconstitutional by courts, Huawei will attempt to have the legislation thrown out.

Pressure mounting: Google has suspended its business activities with Huawei including the transfer of hardware, software and technical services to comply with Trump's Executive Order prohibiting US firms from having any such transactions with a foreign adversary. This is "a huge blow to the Chinese firm, which relies heavily on Android for the smartphones it sells outside of China." (CNBC)

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