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Huawei says the U.S. actions are politically motivated, coming at the same time as the Trump administration is holding high-stakes trade negotiations with Beijing. U.S. demands include that China change its laws and practices to protect intellectual property and end forced transfers of technology to Chinese firms. What is Huawei’s complaint?. Huawei’s primary argument is that the ban on its products is a “bill of attainder” – a legislative act condemning a particular person or group of people and punishing them without a trial premium cufflinks india.

Bills of attainders are specifically banned in the U.S. Constitution. In one of the most well-known cases involving a bill of attainder, a unanimous U.S. Supreme Court in 1946 struck down as unconstitutional an act of Congress that stripped three government employees of their salaries for allegedly supporting “subversive activities.”. More recently, a federal judge ruled a North Carolina bill limiting funding to the women’s health organization Planned Parenthood was an unconstitutional bill of attainder because it was “adopted specifically to penalize” the group premium cufflinks india.

Huawei is also alleging a violation of its due process rights, and argues that Congress violated the constitutional principle of separation of powers by exercising authority reserved for the judicial system. Does Huawei have a case? premium cufflinks india. Most U.S. legal experts say no, since ruling for Huawei would likely require the courts to decide there was no legitimate basis for Congress’ inclusion of the ban in its bill. In general, U.S. courts are reluctant to second-guess national security determinations by Congress and the executive branch, who are viewed as being in a better position to make such decisions..

Several legal experts pointed to a November 2018 decision by a federal appeals court rejecting a similar bill of attainder claim by Russian cybersecurity firm Kaspersky Lab, whose anti-virus software was banned from U.S. government networks by legislation in 2017. The court in that case said national security concerns about Kaspersky were supported by “ample evidence” and that it needed to give Congress “latitude” to craft measures to protect national security. The Texas court hearing Huawei’s case will not be bound by that decision, but will certainly consider its reasoning closely because of the similarities in the two disputes premium cufflinks india.

Why would Huawei bring a lawsuit it is unlikely to win?. Huawei may figure the potential benefits in terms of public opinion are worth a legal fight, no matter what the outcome. The firm has launched a massive public relations offensive over the past two months. If Huawei’s case survives a motion to dismiss, the Chinese company would be allowed to demand discovery from the U.S premium cufflinks india. government, including documents and possibly the testimony of officials. Those documents could provide evidence for its position that Washington is motivated more by politics than any real national security concerns..