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  • A woman looks at her phone as she walks past a Huawei shop in Beijing, China May 16, 2019.

    A woman looks at her phone as she walks past a Huawei shop in Beijing, China May 16, 2019. | Photo: Reuters

Published 29 May 2019

Huawei lawyers allege that President Trump's 2019 defense budget law violates the due process principle and punishes the company without a trial.

China's high-tech company Huawei announced Wednesday that it has filed a “summary judgement motion” with the U.S. District Court for the Eastern District of Texas, that would allow a judge to decide, without a full trial, whether or not the 2019 National Defense Authorization Act (NDAA) is unconstitutional.

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"The U.S. government has not offered any evidence that Huawei is a security threat," the company’s legal director Song Liuping said at a press conference held in Shenzhen, China, adding that President Donald Trump's administration is using "all the tools at its fingertips (to) drive us to bankruptcy," said the Huawei official.

NDAA bill, passed last summer, bans federal U.S. agencies and their contractors from using Huawei equipment on national security grounds.

According to FayerWayer, Huawei's motion argues that NDAA Section 889 points to the Chinese company by name and not only prohibits U.S. government agencies from buying equipment and services from the company, but prohibits it from contracting or granting grants or loans to third parties that purchase Huawei equipment or services, even if they have no impact or connection with the U.S. government.

Glen Nager, a Huawei lawyer, explained that this section violates the due process principle, declares the company guilty and punishes it without a trial, which transgresses the U.S. Constitution acquisition clauses.

The Chinese company has been been a target of the U.S. trade war on China that began in 2018. Earlier this month, Trump blacklisted Huawei on suspicion of espionage, a decision that prohibits the company from selling technological equipment in U.S. territory.

As a result, Google and other U.S. based companies announced the suspension of their services to the Chinese company, but Huawei has countered by introducing its own technology to maintain Android-based devices.

Enacting the NDAA against Huawei, says Song, "only provides a false sense of security for the U.S.," adding that it "distracts attention from real challenges they face."

According to Huawei legal director, the U.S. actions against his company are “a dangerous precedent.” The director added, "today it is telecom and Huawei; tomorrow it could be your company, your industry, your customers."

Meng Wanzhou, a top Huawei executive and daughter of the company's founder, is still on bail in Canada where she was arrested last December at the request of the U.S. government that is also accusing Huawei of violating Iran-related sanctions.

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