Huawei has taken about a week, to really respond to the ban that President Trump placed on the company nearly a week and a half ago. It is now getting ready to fight back, and in a big way.
The company is filing a motion today, asking the court to declare the law unconstitutional. Saying that the ban is a "quintessential bill of attainder and a violation of due process." Huawei's lawyers say that the bane was as punishment for alleged prior misdeeds and unsubstantiated allegations that it is associated with China's communist party. Huawei has denied this many times, and is continuing that stance.
Song Liuping, who is Huawei's Chief Legal Officer, has also said that this law doesn't allow for Huawei to rebut the argument that the company works with the Chinese government. It also doesn't allow Huawei to produce proof that it does not work with the Chinese government, nor does it spy on its users.
And that is why Huawei is choosing to fight back, as it believes that it has done nothing wrong, and if that is true, then they should fight back.
Huawei already has a lawsuit against the US and against Canada for other issues that the company has encountered in the past few months. Which included its CFO getting arrested and potentially extradited to the US.
Now, it's filing a motion which asks the court to declare this law unconstitutional. This wouldn't be anything new for the Trump Administration, as it has been sued multiple times, and courts have found its executive orders in violation of the constitution a few times too. Most notably, the travel ban from early 2017.
The fight between the US government and Huawei isn't anything new. The US government has been very weary of Huawei for many years. Dating back to the Obama Administration, who wasn't sure if Huawei was tied to the Chinese government or not. But under President Obama, many investigations were opened and closed, looking into Huawei and its possible ties. It found zero proof of Huawei working with the Chinese government and zero proof that it was spying on its users. One of those investigations was over 18 months long, and found zero proof.
Things weren't so bad for Huawei under President Obama. But once Trump took office, things took a turn for the worse. A big reason for that is Trump's "America First" logic, and wanting better trade deals with some of the US' partners, like China. Trump wants to push Huawei out, so that US companies can thrive in the US. Though, when it comes to smartphone makers, there's really only one smartphone made by an American company, which is Apple. Things have steadily gotten worse under Trump, and now Huawei is being used as a pawn in the trade war between two of the world's most economically powerful countries: China and the US.
This motion may not reverse the ban, but it is a pretty interesting tactic for Huawei to use. If it is deemed unconstitutional, there is a chance that it'll get reversed. But the damage may have already been done to Huawei's brand and reputation in the US and around the world.