#222 12/04 Monthly Meeting; PNAS Opinion; Upcoming Activities; ACP Conference and Retreat +

In This Issue #222

·       2023/12/04 APA Justice Monthly Meeting

·       PNAS Opinion: The High Price of Overzealously Defending The US Research Enterprise Against Theft by China

·       Upcoming Activities: The Role of Chinese Students and The Repeal of The Chinese Exclusion Act

·       ACP Conference and Community Leadership Retreat in Dallas

·       News and Activities for the Communities

2023/12/04 APA Justice Monthly Meeting

The next APA Justice monthly meeting will be held via Zoom on Monday, December 4, 2023, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman, Director, Advancing Justice | AAJC; Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), confirmed speakers include:

·       Matt Jones, Partner, WilmerHale LLP.  Matt represents Dr. Yanping Chen 陈燕平, a naturalized U.S, citizen and founder of the University of Management and Technology in Arlington, Virginia.  She was a cardiologist and medical researcher with the astronaut program in China prior to coming to the U.S. to study in 1987.  In 2010, Dr. Chen became the focus of an FBI investigation.  After 6 years of investigation, Dr. Chen was told that no charges will be filed against her in 2016. However, confidential information from the investigation was leaked to Fox News in or around 2017.  On December 21, 2018, Dr. Chen filed a privacy lawsuit against the federal government.  After several years of motion and discovery, the leaked reports are traced back to former Fox News reporter and now CBS News reporter Catherine Herridge.  For months, Fox News and Herridge argued that they are protected under the First Amendment and free press.  In August 2023, the presiding judge ruled "... Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case."  Matt spoke about Dr. Chen's case at the November 2022 APA Justice monthly meeting.  He will give us an update on the latest development. 

·       Michael Bloch, Partner, Bloch and White LLP.  Michael represents Baimadajie Angwang 昂旺, an ethnic Tibetan from China who served in Afghanistan as a U.S. marine and later joined the New York Police Department (NYPD) as an officer.  He is a naturalized U.S. citizen.  Angwang was arrested in September 2020, charged with acting as an illegal agent of the Chinese government under the now-defunct "China Initiative."  He was jailed pre-trial for six months in the midst of the COVID-19 pandemic. All the charges against Angwang were dropped in January 2023.  U.S. prosecutors said they uncovered new information that warranted the dismissal.  Angwang was reportedly surveilled under Section 702 of FISA.  Despite the dismissal of all charges, Angwang faced an administrative trial conducted by NYPD in September 2023 for failing to attend a 5-day, 1,700-questions investigative hearing.  The trial may result in the termination of Angwang's employment with NYPD.  Michael will give us an update on Angwang's case.

A Q&A and discussion session will follow the reports by Matt Jones and Michael Bloch.  Discussants include:

·       Bethany Li, (confirmed) Legal Director, Asian American Legal Defense and Education Fund (AALDEF)

·       Paula Madison 罗笑娜 (confirmed), Retired, NBCUniversal Executive; Entrepreneur; Journalist

·       Brian Sun 孙自华 (confirmed), Partner, Norton Rose Fulbright US LLP 

·       Helen Zia 谢汉兰 (confirmed), Activist, Author, and Former Journalist

·       Patrick Toomey/Ashley Gorski (invited), National Security Project, ACLU

Brian Sun was part of the legal team representing Dr. Wen Ho Lee 李文和 in the criminal trial in 2000.  Brian later represented Dr. Lee and won a settlement in a civil lawsuit when Dr. Lee sued the government under the Privacy Act in 2006.  Helen Zia co-authored with Dr. Lee and published a book titled "My Country Versus Me" in 2002.The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org

PNAS Opinion: The High Price of Overzealously Defending The US Research Enterprise Against Theft by China 

On November 22, 2023, The Proceedings of the National Academy of Sciences of the United States of America (PNAS) published an opinion by Stanford University physics professors Steven A, Kivelson and Peter F. Michelson.

According to the opinion, the US government—reflecting rare bipartisan consensus—has, of late, undertaken increasingly expansive and intrusive actions to stem the illicit flow of proprietary secrets and intellectual property to China. These actions also aim to reduce the benefits that accrue to China from expertise acquired by Chinese scholars and students during visits or extended stays in the United States. Underlying this consensus is evidence that China is stealing valuable proprietary information from the United States, characterized by FBI Director Christopher Wray as “a whole of society effort to steal from the United States” Although these government actions are well-intentioned, significant harm has resulted. The benefits to the United States from the influx of talented Chinese students, immigrant scientists, and visiting scholars to our universities have largely been ignored or poorly understood by policymakers. Numerous examples highlight the importance for the United States of welcoming talent from around the world, but most particularly from China. Understanding the implications of these examples underscores just how much we lose by enacting Draconian measures to stop Chinese scientists from coming to the United States.Many of the concerns focused on intellectual property theft, economic competitiveness, and advancing military capabilities—extensively discussed in numerous articles and policy papers —are well founded. However, as professors of physics pursuing basic research, we argue that government must take into account the serious costs of restrictive US policies—adopted or proposed—that are seen as responses to these threats, particularly as they relate to fundamental scientific research at US universities.Read the PNAS opinion: https://bit.ly/3sOrq3s

Upcoming Activities: The Role of Chinese Students and The Repeal of The Chinese Exclusion Act

1. Webinar: The Role of Chinese Students in America: A Conversation with Former Students from China

On December 5, 2023, The US-China Education Trust, the Carter Center, and the US Heartland China Association will host a webinar on "The Role of Chinese Students in America: A Conversation with Former Students from China." WHAT: Webinar "The Role of Chinese Students in America: A Conversation with Former Students from China"WHEN: December 5, 2023, 6:30 - 9:00 pm ETDESCRIPTION: As Chinese international students have become a focal point of rising U.S.-China tensions, some Americans contend that the risks of educating students from China outweigh the benefits. The voices of those who have lived the Chinese student experience in America are essential to this debate, yet often overlooked. To add this personal perspective, USCET has assembled a panel of former Chinese students, all now successful Americans making significant contributions in their chosen fields.MODERATOR: Madelyn Ross, President, US-China Education TrustPANELISTS: 

·       Min Fan, Executive Director, United States Heartland China Association

·       Dawn Li, educator, entrepreneur, and writer

·       Yawei Liu, senior advisor for China at The Carter Center and a member of the Council on Foreign Relations

·       Yi Zheng, tenured professor in the Department of Mechanical and Industrial Engineering and Director of the Nano Energy Laboratory at Northeastern University in Boston, and founder of the cleantech start-up, Planck Energies. 

REGISTRATION: https://bit.ly/47sjeow

2. In-Person Event:  We Are Americans 

On December 6, 2023, a coalition of organizations led by the 1882 Foundation will host an in-person event "We are Americans" to commemorate the 80th anniversary of the repeal of the Chinese Exclusion Act and the 125th anniversary of the Supreme Court decision on birthright citizenship.

WHAT: In-person Reception and Lecture on "We are Americans"WHEN: December 6, 2023, 2:30 - 5:00 pm ETLOCATION: Library of Congress, Thomas Jefferson Building, 10 First Street SE, Washington DC, 20003DESCRIPTION: A reception and a lecture to commemorate the 80th anniversary of the repeal of the Chinese Exclusion Act and the 125th anniversary of the Supreme Court decision on birthright citizenship.SPECIAL REMARKS: Judy Chu, Member, U.S, House of RepresentativesLECTURER:  Martin Gold, Counsel to The 1882 ProjectHOSTS: The 1882 Foundation, CACA, UCA, OCA, and JACLREGISTRATION: https://bit.ly/3Gibn10

ACP Conference and Community Leadership Retreat in Dallas

On November 11, 2023, the Association of Chinese Professionals Foundation (ACP) celebrated its 30th anniversary at its annual MetroCon conference and gala in Dallas, Texas.  The conference included a session on "Critical Issues Facing Chinese Americans Today."  The panelists were Gene Wu, Texas State Representative; Haipei Shue, President of United Chinese Americans (UCA); Echo King, President of Florida Asian American Justice Alliance (FAAJA); and Steven Pei, Professor of University of Houston.  Cindy Tsai, Interim President and Executive Director of the Committee of 100, was keynote speaker at the gala.A community leadership retreat was held the next day on November 12, 2023.

News and Activities for the Communities

1.  APA Justice Community Calendar

Upcoming Events:2023/12/03 Rep. Gene Wu's Weekly town hall meeting2023/12/04 APA Justice monthly meeting 2023/12/05 The Role of Chinese Students in America2023/12/06 1882 Foundation Lecture and Reception: We are Americans 2023/12/10 Rep. Gene Wu's Weekly town hall meeting2023/12/12 Community Briefing on Section 7022023/12/17 Rep. Gene Wu's Weekly town hall meetingVisit https://bit.ly/45KGyga for event details.

2.  NPR Report on GOP Plan to Revive Citizenship Question  

According to NPR, a coalition of conservative groups is preparing for a chance to shape the country's next set of census results in case a Republican president returns to the White House in 2025.  Their playbook includes reviving a failed push for a citizenship question and other Trump-era moves that threaten the accuracy of the 2030 national head count.  The plan also calls for aligning the mission of the government agency in charge of the next tally of the country's residents with "conservative principles." Many census watchers, including a former top Trump administration official, tell NPR they find this position particularly alarming.  The policy proposals — led by The Heritage Foundation, a Washington, D.C.-based think tank — are part of a broader "Project 2025" plan for dismantling aspects of the U.S. government.