Huawei has filed a motion for summary judgment to challenge the constitutionality of Section 889 of the 2019 National Defense Authorization Act (2019 NDAA).

Song Liuping, Huawei’s Chief Legal Officer said;
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. Politicians in the U.S. are using the strength of an entire nation to come after a private company. This is not normal. Almost never seen in history.

Song Liuping, Huawei’s Chief Legal Officer

The U.S. government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation.

The addition of Huawei to the “Entity List” by the U.S. Commerce Department two weeks ago sets a dangerous precedent. Today it's telecoms and Huawei. Tomorrow it could be your industry, your company, your consumer.

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.


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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