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Huawei seeks to speed up lawsuit against US government

Huawei Technologies Co. Ltd. is looking to expedite its legal challenge of the 2019 National Defense Authorization Act, which bars federal agencies and their contractors from using the Chinese technology giant's equipment on national security grounds.

In a motion for summary judgment filed in the U.S. District Court for the Eastern District of Texas, Huawei asked the court to declare the NDAA bill, which was passed into law by the U.S. Congress in August 2018, unconstitutional. Huawei claimed that Section 889 of the law violates the U.S. Constitution's due process and bill of attainder clauses, the latter of which prohibits laws that single out an entity and impose punishment, without the benefit of a trial.

"Section 889 is the classic 'trial by legislature' that the United States Constitution forbids," Glen Nager, the lead counsel for the case, said in a May 29 statement, adding that the law "calls out Huawei by name."

A motion for summary judgment asks the court to issue a decision on at least one claim in a case without holding a lengthy trial.

Song Liuping, Huawei's chief legal officer, said the company was considering ways to deal with the U.S. ban, which he said was affecting its more than 1,200 suppliers and threatened to affect its 3 billion customers in 170 countries, according to a May 29 report by Reuters.

The U.S. Commerce Department issued a temporary license that will allow American companies to continue doing business with Huawei for the next three months. The temporary general license, effective May 20, authorizes engagement in transactions with Huawei and its affiliates under certain conditions.