"There's many ways for prosecutors to pull back on what they're seeking", and US attorneys are subject to the commands of the Attorney General, who works for the president, said Sykes, a professor at Stanford Law School. Peck said abuse of process motions will likely be brought.
Glen Nager, Huawei's lawyer, said the lawsuit has three distinct claims under the bill of attainder clause, the due process clause, and vesting clause. On Wednesday night, the White House referred questions about the Huawei lawsuit to the Justice Department, which declined to comment.
China's biggest smartphone maker, is using its financial and political clout to fight US allegations that the company was involved in bank fraud, technology theft and spying. Of course, it might turn out to be more than what Huawei may have bargained for.
"We are aware of challenges our exporters have faced shipping to China - these are concerning as they create instability and add costs", council spokeswoman Heidi Dancho said by email. Huawei has argued for years that it is not involved in Chinese spying.
Huawei Rotating Chairman Guo Ping, center, speaks in front of other executives during a press conference in Shenzhen, China's Guangdong province on Thursday.
"I don't see the US backing away from these cases", said Peter Henning, a former federal prosecutor who is now a professor at Wayne State University Law School in Detroit. She was arrested by Canada at the request of the US, where she is wanted on fraud charges for allegedly misleading banks about the company's dealings with Iran. US officials have asked Canada to send her to the United States for trial.
Its typically press-shy founder, Ren, gave a two-hour interview to foreign reporters in January in which he said Huawei would reject Chinese government demands to disclose confidential information about its customers.
Peck said the case is complex and will take time, and as a result the defense and prosecution have agreed to put it over until May 8 to fix a date for an extradition hearing.
"The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products", said the goliath's chairman Guo Ping in a statement. The United States accounts for 20 to 25 per cent of the global market for computer and telecom technology. "No contrary evidence has been offered". He complaining Washington was "sparing no effort to smear" the company.
"I don't want to block out anybody if we can help it", he said, without mentioning Huawei by name.
A Washington DC-based appeals court agreed late previous year with a lower court's rejection of Kaspersky's argument that the prohibition amounted to an unconstitutional bill of attainder because it addressed a national security vulnerability.
Founded in 1987 by a former military engineer, Huawei overtook Ericsson in 2017 as the biggest global supplier of network gear.
Huawei is the world's largest maker of telecommunications technology.
Chinese authorities and some industry analysts say Washington might be exaggerating security concerns to limit competition with Western vendors.
Chinese telecom maker Huawei fired back on Wednesday evening against USA lawmakers and the Trump administration's efforts to bar its products from the US market. Some carriers, including Telus Corp., have said a Huawei ban could delay the roll out of 5G networks.
The case had strained relations with China, which this week accused two arrested Canadians of stealing state secrets in a move widely seen as retribution for Meng's arrest. That followed the Canadian government's announcement Friday that the extradition proceeding would be allowed to continue.
Huawei executives say American security warnings have yet to affect sales outside the United States.
Legislators pushed through the law citing security concerns raised by those companies' ties to the Chinese government.