In a report in the New York Times, Chinese giant Huawei is set to sue the United States government. The suit, which aims to use a “bill of attainder” argument, comes as US carriers are building up their 5G networks. Today, those companies are forbidden by the US government from buying Huawei equipment. The US government has been increasingly cracking down on Huawei, feeling that the Chinese company is a security threat to the country. The suit is reportedly set to be filed in the Eastern District Court where the company’s US headquarters is located.
According to the report, Huawei plans to argue that the government’s ban on sales is a “bill of attainder”. That is, it singles out a single company and accuses them of being guilty of a crime without a trial. This is illegal according to the United States constitution. It is specifically banned to do this in Article I, Section 9 of the constitution. Further, it is banned at a state level in Article I, Section 10.
This latest action to take place follows a long list of allegations against the Chinese company from the US. In January, the company was charged with stealing trade secrets from T-Mobile and for violating US suctions by conducting business in Iran. Huawei has pled not guilty to these charges. This follows the arrest of CFO Meng Wanzhou in Canada, at the request of the United States, for allegedly trying to bypass the Iranian sanctions. She faces extradition to the US.
Adding fuel to the fire is the United States working to convince other countries to stop using Huawei equipment, citing susceptibility to cyberattacks and espionage.