Huawei Lawsuit Against the US Says Equipment Ban Is Unconstitutional

China blocks canola shipments from Canada's Richardson

Huawei wants a USA federal court to rule on a law that identifies the company as a security risk.

In the lawsuit, the Chinese telecom giant argues that a United States government ban on federal agencies using its products is unconstitutional.

Huawei said the USA law it is protesting has Congress improperly play the role of a court.

Long before Trump initiated a trade war with China, Huawei's activities were under scrutiny by US authorities, according to interviews with 10 people familiar with the Huawei probes and documents related to the investigations seen by Reuters.

Most U.S. legal experts say no, since ruling for Huawei would likely require the courts to decide there was no legitimate basis for Congress' inclusion of the ban in its bill. "We are compelled to take this legal action as a proper and last resort".

Chinese tech giant Huawei has sued the us government, arguing that legislation Congress passed previous year that restricts its business in the United States is "unconstitutional". "We look forward to the court's verdict, and trust that it will benefit both Huawei and the American people". That threatens to block access to major markets as phone carriers prepare to invest billions of dollars in next-generation cellular networks, known as 5G. "Huawei has an excellent security record and program.No contrary evidence has been offered".

A Huawei company logo is seen outside a shopping mall in Shanghai, China March 7, 2019.

"This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming USA consumers".

The Australian FinancialReview thought it was no coincidence that Huawei live-streamed a major press conference to roll out its lawsuit against the USA government at the same time the United States seeks to extradite Huawei Chief Financial Officer Meng Wanzhou from Canada to face charges of violating Iran sanctions.

The lawsuit also alleges that Huawei has been denied due process and that Congress, by stripping Huawei of commercial opportunities, has violated the "separation of powers" portion of the constitution by doing the work of the courts.

A foreign ministry spokesman said the Chinese government also objects to the law but he had no information on whether it would join Huawei's lawsuit.

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Some legal experts, however, said Huawei's lawsuit is likely to be dismissed because US courts are reluctant to second-guess national security determinations by other branches of government.

"No, we will not want to exclude any company", he stressed, explaining that the government is capable of implementing enough safeguards to protect Germany's future networks.

The Texas court hearing Huawei's case will not be bound by that decision, but will likely adopt its reasoning because of similarities in the two disputes, said Steven Schwinn, a professor at the John Marshall Law School in Chicago.

Song Liuping, Huawei's chief legal officer, said the NDAA "is based on numerous false, unproven and untested propositions". Its U.S. sales evaporated after a congressional panel in 2012 cited the company and a Chinese competitor, ZTE Corp., as security risks and told phone carriers to avoid dealing with them.

On December 1, 2018, Meng was stopped at Vancouver International Airport as she walked up the jetway after her flight, according to a lawsuit she filed on Friday accusing the Canadian government of violating her rights.

Huawei founder Ren Zhengfei later said Meng's arrest was politically motivated and "not acceptable".

Huawei's Chief Financial Officer Meng Wanzhou, Ren's daughter, faces potential extradition from Canada to the United States over charges of Iran sanctions violations. She is fighting extradition to the United States.

The British Columbia Supreme Court Justice Heather J. Holmes set Meng's next court date for May 8.

On Monday, the Chinese government accused the two men of acting together to steal state secrets.

Twelve months after Brooklyn got the case, prosecutors secretly obtained a warrant for Meng's arrest.

Two Canadians have been detained in China in suspected retaliation over her arrest.

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