Opinion | Why Huawei’s lawsuit against the US defies common sense but makes perfect strategic sense

Huawei’s lawsuit against the US government seems reckless, in the context of cases involving foreign tech firms that go to court in the US. But maybe the Chinese company is just trying a distraction trick out of the ‘Thirty-six Stratagems’

Reading Time:3 minutes

Is the Chinese tech giant’s lawsuit against the US government misjudged, or deliberate? Photo: Reuters

Published: 1:00am, 14 Mar 2019Updated: 3:41am, 14 Mar 2019

Huawei is starting to fight back by slapping lawsuits on both the US and Canadian governments. This could be a grave miscalculation, as misjudged as its decision to let its chief financial officer, Meng Wanzhou, travel to Canada last year.

The United States Department of Justice probably cheered and high-fived at the news that the Chinese telecoms equipment maker is suing.

On January 28, the Justice Department had announced criminal charges against Huawei, two affiliates and Meng, which would be an uphill battle to fight. The company is charged with violating US sanctions on Iran and conspiring to obstruct justice related to the case.

According to a 13-count indictment filed in New York City, Huawei sought to move witnesses with knowledge of its Iran-based business back to China, where they could not be interviewed by the FBI.

But the company’s impetuous lawsuit now gives the Justice Department a chance to leverage the judiciary’s power to ask those witnesses to return to the US and take the stand.