May 15 (Reuters) - The judge overseeing the U.S.
criminal case against Chinese telecom Huawei said at a hearing
that President Donald Trump's executive order stripping security
clearances from lawyers at Jenner & Block could be a hurdle for
the company's defense in the case.
U.S. District Judge Ann Donnelly in Brooklyn questioned
prosecutors about the status of Jenner lawyer David Bitkower at
the Wednesday hearing, warning that a security clearance would
be necessary for the defense team.
The judge asked what both sides were doing to address the
problem.
"It's an issue in terms of the right to counsel, it's an
issue in terms of trying the case," Donnelly said. "We've got a
trial scheduled for January, and if you've got to get people
cleared, I think it's an issue."
A Justice Department lawyer said the government would work
to facilitate a security clearance for a different member of
Huawei's defense team.
Later on Wednesday, a lawyer representing Jenner in its
lawsuit in Washington, D.C., seeking to strike down the Trump
executive order said the clearance of one of the firm's
attorneys had been suspended. The letter did not name the
lawyer.
Jenner is among four law firms targeted by Trump's executive
orders, based on their ties to lawyers or cases that the
president said did not align with his administration's
priorities. The other three firms are WilmerHale, Perkins Coie
and Susman Godfrey.
A judge in Washington is poised to rule soon in Jenner's
lawsuit seeking to permanently block Trump's order against it.
The Jenner filing and the exchange in the Huawei case
showed the continued effects of Trump's executive orders against
prominent law firms, even as judges have so far sided with the
firms in lawsuits challenging the orders.
Huawei and Jenner declined to comment. Bitkower did not
respond to a request for comment. Other lawyers representing
Huawei at law firms Sidley Austin and Steptoe did not
immediately respond to requests for comment.
A spokesperson for the Eastern District of New York's
federal prosecutor office in Brooklyn did not immediately
respond to a request for comment.
Jenner and Bitkower, a former senior federal prosecutor
who is now a leader of the firm's investigations and defense
group, are defending Huawei against criminal racketeering and
trade secrets claims filed by the Justice Department in a
superseding indictment in 2020.
Huawei has denied the allegations and argued the government
was treating the company "as a prosecutorial target in search of
a crime."
Trump's executive orders against Jenner, WilmerHale, Perkins
Coie and Susman Godfrey sought to suspend security clearances
held by lawyers at the firms, restrict their access to
government officials and cancel federal contracts held by their
clients.
Jenner in a court filing on April 8 said that Trump's order
"suspends all of Jenner's security clearances, including those
required for the representation of clients in their most
sensitive matters."
WilmerHale said in a court filing this week that security
clearances for two of its lawyers had been suspended after Trump
hit the firm with an executive order. The firm did not name the
attorneys.