It was reported on May 30 that according to the voice of China news, the U.S. Constitution has always prohibited Congress from passing any 'bill of deprivation of public rights', that is, a bill to impose punishment on individuals or groups without trial. However, in the summer of 2018, the United States passed the fy19 national defense authorization act, which imposed a broad ban on some equipment of Huawei in China. Now Huawei is suing in the United States! Call on the US government to stop its crackdown.
In response to this prohibition, Huawei filed a lawsuit in the United States on March 6 this year, asking the court to judge that part of article 889 of the national defense authorization act of fiscal 2019 is unconstitutional. On May 28 local time, Huawei filed a motion for summary judgment, asking the court to declare the bill unconstitutional. Huawei believes that the U.S. government's ban is essentially to replace the trial with legislation.
According to glen nager, Huawei's chief lawyer and partner of Zhongda law firm, the U.S. Constitution usually limits the legislative power of Congress and requires that the power to implement these laws can only be delegated to administrative agencies and courts. The Constitution prohibits Congress from specifically punishing specific individuals, depriving specific individuals of their property and freedom, and prohibiting Congress from exercising administrative and judicial powers. However, article 889 of the national defense authorization act in fy2019 violates all the above constitutional rules.
In addition, article 889 also violates the principle of separation of powers in the provisions of the deprivation of public rights act, due process and authorization. The challenge to its constitutionality is purely a legal issue without factual disputes. Therefore, it is necessary to submit a motion for summary judgment to speed up the progress.
According to the indictment submitted by Huawei, article 889 prohibits all U.S. government agencies from purchasing equipment and services from Huawei without any administrative or judicial procedures, and also prohibits U.S. government agencies from signing contracts or providing subsidies and loans to Huawei's customers. This is a typical punitive measure and deprivation of public power act.
Song Liuping, Huawei's chief legal officer, said that so far, the US government has not provided any evidence that Huawei poses a security threat. However, it is assumed that Huawei is guilty and does not give Huawei any opportunity to defend and provide refutation evidence, which violates the due process clause.
In addition, under article 889, Congress assumes the right of administrative agencies and courts to collect facts and enforce laws, which violates the principle of separation of powers in the United States Constitution. Huawei said in a statement that this is a typical tyranny of replacing trial with legislation, which is explicitly prohibited by the U.S. Constitution.
Zhang Jianping, deputy director of the academic committee of the Research Institute of the Ministry of Commerce, said that Huawei's move made the international community better understand the truth of the Huawei incident and how the U.S. government did not hesitate to violate the Constitution in order to crack down on companies from other countries. Zhang Jianping said: "for Huawei, we hope that since the decision was made in the United States, such a decision, its laws and regulations should comply with the spirit and requirements of the United States Constitution. So I think from this point of view, Huawei hopes that through such a lawsuit, it can ask the US side for an explanation in this regard. "
For Huawei, a Chinese private company, the United States does not hesitate to make a big fight and hurt the killer. In fact, there has been a clue for a long time.
On April 12 this year, US President trump delivered a speech at the White House on us 5g deployment. His core view is that the 5g competition has begun and the United States must win it. Trump said: "we cannot allow any other country to compete with the United States in this powerful industry. We are in a leading position in many different industries. We cannot let other countries take the lead. 5g competition is a competition that the United States must win."
Zhang Yansheng, chief researcher of the China Center for international economic exchanges, said that the US move is clearly a strong rebound after feeling the pressure of China's competition in the field of science and technology. " We know that the United States wants three things. The first is global leadership. The second is to establish rules and regulations for the world and subvert its own system, the free trade system. However, it believes that it has suffered a loss and should restructure the system of taking advantage of and not suffering a loss. Third, it believes that China's GDP accounts for more than 2 / 3 of it, which poses an economic threat and a threat to science and technology. Therefore, in this case, it is found that in the field of communication, China should provide the world with core technology, core maintenance and guarantee, and training and guidance for the next transformation and upgrading of the core. The United States suddenly realized that a new competitor of science and technology has actually come ahead of it in the field of communication. " Zhang Yansheng said.
A month later, the US government's 5g strategic layout began to be implemented. On May 16, the US Department of Commerce included Huawei and its 70 subsidiaries in the list of controlled entities on the grounds of national security. Referring to this incident, song Liuping said, "being as powerful as the United States, it is unfair to suppress a private enterprise with the strength of the whole country and even use global diplomatic resources, which has also set a dangerous precedent. Today, the telecommunications industry and Huawei have been damaged. In the future, it may be the turn of any industry, any enterprise and any consumer. "
Teng Jianqun, director of the Institute of American Studies of the Chinese Academy of international studies, said that the current Sino US trade friction is a game beyond commercial exchanges, and it may become the norm to protect the development of Commerce or science and technology through legal channels in the future. Teng Jianqun said: "the U.S. law does not limit transactions that comply with the law and business activities that comply with the law. The United States is now preconceived. It does violate the laws related to free transactions in the United States. This is a means to protect our own business or scientific and technological development, because the current trade friction or trade war between China and the United States is actually a game beyond commercial exchanges. Well, I think on the one hand, China will certainly catch up and rely more on its own strength to continue to compete in the field of science and technology and in other fields. On the other hand, we should also take up legal weapons to protect our commercial interests and protect our interests in all aspects. "
Song Liuping said that justice is the last line of defense to protect justice, and the US crackdown on Huawei is not conducive to improving network security. Network security is a common challenge faced by all parties. If this is also the goal of the U.S. government, Huawei looks forward to changing its strategy and improving network security through honest and effective measures.
According to the litigation schedule, the case will hold a hearing on the motion on September 19.
In addition, according to the reporter, following the SD Memory Card Association (SDA), more industry organizations began to restore Huawei membership. Industry organizations such as Wi Fi alliance, Bluetooth technology alliance and JEDEC Association (Solid State Technology Association) have restored Huawei's membership.