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Huawei says it's treatment in US is Unconstitutional

SupChina.com

Unconstitutional?

Gerry Shih of the Washington Post reportsthat Huawei today announced “it has sued the U.S. government to challenge a law that bans federal agencies from buying its telecommunications equipment, opening a new front in the metastasizing global contest between the Chinese technology giant and Washington.”

“The U.S. Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort,” said a Huawei executive at a press conference to announce the suit.

“The Framers of the United States Constitution were deeply concerned about the potential abuse of legislative power,” begins Huawei’s complaint. It argues, “One of the Framers’ particular concerns was that the legislature would use its power to target specific individuals for adverse treatment,” adding that the U.S. government’s treatment of Huawei is an instance of this, and therefore unconstitutional. You can read the whole complaint here, courtesy of the Wall Street Journal (PDF). Huawei’s lawyer’s statement is here.

Huawei is represented by a Trump-connected law firm — Jones Day. Per Wikipedia:

Jones Day partner Don McGahn, who was previously a member of the Federal Election Commission, served as counsel for the 2016 Donald Trump presidential campaign and was later nominated to serve as Trump's White House Counsel. At least 14 Jones Day attorneys have been appointed to work for the Trump administration as of March 2017.


Could the lawsuit damage Huawei even further? Beijing-based lawyer and former chair of the American Chamber of Commerce in China James M. Zimmerman noted on Twitter:

Unlike China, U.S. court discovery rules are a bottomless pit of depositions and dox requests. Whether Huawei, per the complaint, is “a private, non-government-owned company” is going to be fodder for discovery and a possible exposé of state secrets. Getting interesting!


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