The company filed a lawsuit in the eastern district of Texas in March, challenging the constitutionality of Section 889 of the National Defense Authorization Act, which the Trump administration used to enforce the ban.
On Wednesday, Song said Huawei had filed a motion for summary judgement after agreeing with the Justice Department that the challenge involved purely legal questions that could be decided in a simple court hearing. The hearing is due to be held September 19.
Section 889 violates constitutional rules by specifically calling out Huawei by name, said Glen Nager, a partner at the law firm Jones Day, Huawei's lead counsel in this lawsuit. This was a breach of constitutional rules that Congress may not selectively punish or deprive commercial opportunities, he said.
The actions were "specifically enacted as a response to Huawei's alleged past misdeeds and supposed associations with the Chinese government Communist Party," Nager said.
Huawei is a national champion that was founded by Ren Zhengfei, a former engineer in the People's Liberation Army and a member of the Communist Party of China, and is often seen with Chinese political leaders. Ren has insisted that Huawei is a private company and does not take instruction from Beijing, but many analysts say that if the party asks for information, the company is powerless to resist.
This month the Commerce Department added Huawei to its "Entity List," an extreme penalty that makes it virtually impossible for it to do business with any U.S. company, a move sometimes called the "death penalty." The Commerce Department said it had reached this decision because Huawei "is engaged in activities that are contrary to U.S. national security or foreign policy interest."
Separately, the Justice Department has issued an arrest warrant for Ren's daughter, Huawei chief financial officer Meng Wanzhou, on charges related to breaching American sanctions against Iran. Meng is now under house arrest in Canada and fighting extradition to the United States, although Ren this week suggested she'd be able to complete a Ph.D. in prison. American doctorates generally take five or six years to complete.
The actions against Huawei come amid a broader trade war between China and the United States that has manifested itself in a tit-for-tattle tariff battle. Beijing and Washington are deadlocked in their talks to break the impasse in their trade war, with Trump insisting that China make major structural reforms and Beijing trying to convince the administration to settle for more Chinese purchases of American goods to narrow the trade gap.
Huawei is fighting back strongly, issuing multiple legal challenges and embarking on a public relations blitz to portray itself as an independent tech company seeking to enhance global networks.
At Wednesday's press briefing, Song sought to portray the efforts as detrimental to Americans as well others around the world.
"In the U.S., many people in rural areas have been forgotten. They still don't have access to affordable broadband network," he said, adding that Huawei had been working to "ensure that all Americans have equal access" to high-speed Internet.
The actions to constrain Huawei would "directly harm" 1,200 American companies, affecting "tens of thousands" of American jobs, he added.
But more than that, the United States was depriving "more than three billion customers who use Huawei products and services around the world," Song said. "Connectivity is a basic human right and the U.S. government is putting their rights at risk, especially people in underdeveloped countries where there is large digital divide."
