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Judge Warns Trump’s Executive Order Could Undermine Huawei’s Defense in U.S. Criminal Case

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A U.S. federal judge overseeing the criminal case against Huawei raised concerns this week that President Donald Trump’s executive order revoking security clearances from lawyers at Jenner & Block, one of the law firms representing Huawei, could impair the Chinese telecom giant’s right to a fair trial.

At a hearing in Brooklyn federal court, U.S. District Judge Ann Donnelly questioned how the revocation of clearances—specifically for Jenner attorney David Bitkower, a former senior federal prosecutor—might delay or disrupt Huawei’s defense.

“It’s an issue in terms of the right to counsel… We’ve got a trial scheduled for January,” Donnelly said, adding that getting new attorneys cleared in time may pose a logistical and constitutional challenge.

Background:

  • Trump’s executive order targets four prominent law firms—Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey—citing their involvement in legal matters deemed misaligned with his administration’s priorities.

  • The order suspends existing security clearances, restricts access to government officials, and cancels federal contracts linked to their clients.

  • In response, Jenner & Block sued the Trump administration in Washington, D.C., seeking to overturn the order. A ruling is expected soon.

Impact on Huawei Case:

Jenner & Block represents Huawei in a major federal case involving charges of racketeering and trade secret theft, stemming from a 2020 superseding indictment filed by the U.S. Justice Department. The government alleges that Huawei engaged in a long-running conspiracy to steal technology from American firms.

Bitkower and his team require security clearance to review classified materials relevant to Huawei’s defense. With clearances now suspended, Judge Donnelly pressed prosecutors to find a solution.

A Justice Department representative said the agency would work to secure clearance for another attorney on the defense team—but didn’t guarantee timelines.

Ongoing Fallout:

  • WilmerHale, another targeted firm, disclosed that two of its lawyers also lost their security clearances following Trump’s executive order.

  • Jenner, in its April 8 court filing, said all its relevant security clearances had been suspended, directly affecting its ability to represent clients in national security-sensitive cases.

Huawei has denied wrongdoing, arguing it is being politically targeted by the U.S. government. Neither the company nor Jenner & Block commented on the latest hearing.

The case underscores how political decisions by the executive branch are intersecting with due process rights, particularly in high-profile national security and international trade cases.