US government files motion to dismiss Huawei lawsuit.

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Just before Independence Day, the U.S. government filed a motion to dismiss the lawsuit by Huawei that claimed the US had acted illegally when it blacklisted Huawei.

The lawsuit was filed in March in the U.S. District Court for the Eastern District of Texas, saying that a law limited its American business was unconstitutional.

Huawei sued the U.S. government in early March, in a complaint filed in federal court in Texas, saying that a law limiting its American business was unconstitutional.

The basis for the U.S. government motion to dismiss was that Huawei was still on the entity list, and export license requests from U.S. companies seeking to export products to Huawei were being reviewed under national security scrutiny.

Huawei sues US Government, argues government ban on Huawei equipment is unconstitutional.

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China’s Huawei sued the United States government on Wednesday in the United States District Court in Plano, Tex., arguing the 2019 National Defense Authorization Act is unconstitutional because it bans government agencies from contracting with Huawei or companies that use the company’s equipment.

Specifically, Huawei claims Congress violated constitutional principles on the separation of powers and also the bill of attainder clause, by enacting legislation that specifies a person or entity for punishment without trial.

Huawei’s claim is not new, in the past, Russian based Kaspersky Lab filed a similar suit in 2017 after the Department of Homeland Security banned Kaspersky products from Federal agencies. A judge dismissed the lawsuits as there was a legitimate desire to protect American networks. If the U.S. Government can likewise prove a similar claim in the instant suit, Huawei may likely face the same result of Kapersky.

The US has argued that Huawei equipment poses a risk because it is used by Chinese authorities to spy on the communications. As such, many US wireless carriers have avoided using Huawei equipment.

More information will be posted as it becomes available.