China's tech giant Huawei updated the progress of its uphill battle against the U.S. government on May 29. The company said it has filed a motion for summary trying to bring a quick end to the legal process at its Shenzhen Headquarter in China's southern Guangdong Province.
Two months ago, Huawei filed a lawsuit against the U.S. Congress' ban on federal agencies and contractors from using Huawei equipment due to national security concerns.
The company said it filed a motion for summary judgment in the U.S. District Court in Plano, Texas, where Huawei's U.S. headquarters are located.
The motion asks the court to declare the ban unconstitutional. Song Liuping, Huawei's Chief Legal Officer, says that Section 889 of the U.S. National Defense Authorization Act is a typical bill of attainder, a law punishing a person or group without a trial. Moreover, the ban is also a violation of due process.
It has directly and permanently targeted Huawei "without opportunity for rebuttal or escape,"
"Politicians in the U.S. are using the strength of an entire nation to come after a private company," Song noted. "This is not normal. Almost never seen in history."
Song added that the U.S. government has provided no evidence to show that Huawei is a security threat. "There is no gun, no smoke. Only Speculation."
Motion for summary judgment is one party's effort to bring an early end to a lawsuit.
In the U.S. legal practice, it is a request for the court to rule that the other party has no case because there are no facts at issue.
In this case, the parties have agreed that the case presents pure questions of law and does not at this point require discovery.
That means, if the court finally grants Huawei's motion for summary judgment, the case is over. It will not go into a trial at all, or a jury could only rule in favor of Huawei.