Newsletter - #152 OSTP in the News; Update on Dr. Yanping Chen; Chinese Academics Vindicated; Chip Ban #152 OSTP in the News; Update on Dr. Yanping Chen; Chinese Academics Vindicated; Chip Ban Back View PDF October 27, 2022 Previous Newsletter Next Newsletter

Qing Wang 王擎 Docket ID: 1:20-mj-09111 District Court, N.D. Ohio Date filed: May 12, 2020 Date ended: July 20, 2021 Table of Contents Overview Deletion from DOJ China Initiative Online Report 2021/09/15 Washington Post Report Cleveland Clinic Foundation Held Accountable in 2024 Links and References Overview On May 14, 2020, the Department of Justice (DOJ) announced the arrest of Dr. Qing Wang as a former Cleveland Clinic employee and a Chinese “Thousand Talents” participant. The case was listed under the China Initiative. Dr. Wang was charged with false claims and wire fraud related to more than $3.6 million in grant funding that he and his research group received from the National Institutes of Health (NIH). Cleveland Clinic fired Dr. Wang the same day he was arrested. Dr. Wang was born in China, began his work at the Cleveland Clinic in 1997 and became a U.S. citizen in 2005. He specialized in breakthroughs in heart disease at the Lerner Institute of the Cleveland Clinic—one of the world’s leading research centers. On July 15, 2021, DOJ moved to dismiss its case against Dr. Qing Wang. In a statement, the DOJ explained, "The United States Attorney’s Office moved to dismiss the complaint, without prejudice, against Qing Wang, a.k.a. Kenneth Wang. The Office has made this decision after a review of the case and will decline further comment at this time." The Cleveland Clinic also released a statement saying, “We have fully cooperated with federal law enforcement’s investigation into this matter. Dr. Wang’s employment was terminated following an internal review which revealed violations of Cleveland Clinic and National Institutes of Health (NIH) policies.” On July 20, 2021, U.S. Magistrate Judge William H. Baughman, Jr. ordered the dismissal of Dr. Wang’s case. After DOJ made the motion to dismiss Dr. Wang’s case, it proceeded to delete it from its online report on the China Initiative – a practice that was continued unannounced and without explanation for several months until November 2021 when APA Justice reported it to the Attorney General and MIT Technology Review began to build a database on the online report. On September 15, 2021, the Washington Post published an interview with Dr. Wang, who later restarted his research career at China’s Huazhong University of Science and Technology. On June 21, 2024, Science reported that DOJ reached a settlement with the Cleveland Clinic Foundation (CCF), requiring CCF to pay $7.6 million to resolve allegations of mismanagement involving three NIH grants. This settlement sends a clear message that research institutions will be held accountable for failing to adequately monitor outside support provided to their faculty. Defense attorney for Dr. Wang maintained that his client had followed the rules and voluntarily disclosed his Chinese support. “He told them everything—both NIH and CCF.” The CCF settlement, he added, simply confirmed Dr. Wang’s innocence. Deletion from DOJ China Initiative Online Report The Department of Justice (DOJ) maintained an online report on China Initiative cases since the initiative's launch in November 2018, including Dr. Qing Wang's case. However, after the DOJ moved to dismiss Dr. Wang’s case, DOJ deleted his case from the online report. This unannounced practice of removing dismissed or acquitted cases continued for several months without explanation. On November 24, 2021, APA Justice reported the removal of about 20 cases from its online China Initiative report to Attorney General Merrick Garland. MIT Technology Review brought this practice to light with a published investigative report on December 2, 2021. DOJ ceased to update its online report on November 19, 2021. The end of the China Initiative was formally announced on February 23, 2022. 2021/09/15 Washington Post Report According to the Washington Post on September 15, 2021, in the weeks leading up to his arrest, Dr. Qing Wang was interviewed by the Cleveland Clinic and the National Institutes of Health (NIH) about his grants. He got no indication he was under criminal suspicion. “I was shocked,” he said about his early morning arrest in May 2020. “At that moment,” he said, “I felt that my life was over.” Dr. Wang was the lead investigator on a research project on the genetics of cardiovascular disease, funded by more than $3.6 million in NIH grants. He allegedly neglected to disclose to NIH that even as he was a professor at Cleveland Clinic’s Lerner College of Medicine, he was a beneficiary of the Thousand Talents Program, through which the Chinese government recruits academics in the West whose expertise might benefit Beijing. In an affidavit , FBI agent John Matthews alleged that through the program, Dr. Wang was made dean of the College of Life Sciences at Huazhong University of Science and Technology. The agent said Wang concealed receiving Chinese government grants totaling $480,000 for research that overlapped with his U.S.-funded work. In particular, Matthews alleged, citing NIH information, “the families used in both studies were mostly the same.” Dr. Wang’s lawyer, Peter Zeidenberg, disputed the allegations, saying Wang disclosed his research in China as part of the NIH application and did not use American families for the Chinese study. Dr. Wang also disclosed to the Cleveland Clinic that he was affiliated with the talent program, said Zeidenberg, a former federal prosecutor and a partner at Arent Fox in Washington. “Ultimately this came down to whether the grant forms were filled out correctly,” Zeidenberg said. “The information was all there. It just wasn’t where the NIH was looking.” Over 34 years of research in the United States, including 21 at the Cleveland Clinic, Dr. Wang led a team that discovered the first gene for Brugada syndrome, a disorder causing irregular heart rhythm, which can be fatal — especially in young people. He wanted to stay in the United States because it “has the best environment for science in this area,” and because he thought he would have the most impact in a country where heart disease is the leading cause of death. The arrest terrified Dr. Wang, his wife, Qiuyun Chen, and their two daughters. “We worked so hard day and night just trying to understand how to prevent human disease,” said Chen, who also came to the United States in 1986 to study and was a member of Dr. Wang’s Cleveland Clinic research team. “And you never think this would be criminal.” Cleveland Clinic Foundation Held Accountable in 2024 According to a report by Science on June 21, 2024, the U.S. Department of Justice (DOJ) has signaled that research institutions will be held accountable for oversight failures. In a settlement reached on May 17, 2024, the Cleveland Clinic Foundation (CCF) agreed to pay $7.6 million to resolve allegations of mismanaging three National Institutes of Health (NIH) grants. As part of the settlement, a senior CCF administrator must personally attest to the accuracy of all NIH submissions, a significant responsibility. The case began in 2018 when NIH investigated CCF cardiovascular geneticist Dr. Qing Wang, based on an FBI list of scientists allegedly receiving Chinese funding. Following a CCF investigation, NIH suspended Dr. Wang’s $2.8 million grant in April 2020, and CCF terminated his employment. Dr. Wang was arrested in May 2020 under the China Initiative but was later cleared when the DOJ dropped the charges in July 2021 without explanation. Dr. Wang’s lawyer maintained that Dr. Wang had disclosed all necessary information to NIH and CCF, asserting his client's innocence. The CCF settlement follows earlier civil settlements with the Van Andel Institute, where scientists were not criminally charged, amounting to $6.6 million in 2019 and 2021. Previous Item Next Item

Newsletter - #304 Arkansas Lawsuit Update; Meet Judith Teruya+; Legacies of Jimmy Carter; CJR Comment/WP #304 Arkansas Lawsuit Update; Meet Judith Teruya+; Legacies of Jimmy Carter; CJR Comment/WP In This Issue #304 · Latest Development on Arkansas Foreign Ownership Laws · Meet Judith Teruya - New Executive Director of CAPAC · The Legacies of Former President Jimmy Carter · CJR : Trump, the Public, and the Press · News and Activities for the Communities From Governor Gavin Newsom's Office - Get Help Today on LA Fires Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government. Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance: · Online at DisasterAssistance.gov · Calling 800-621-3362 · By using the FEMA smart phone application · Assistance is available in over 40 languages · If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service. Please share with your families, friends, and colleagues in the Los Angeles area. Latest Development on Arkansas Foreign Ownership Laws During the APA Justice monthly meeting on January 6, 2025, Professor Robert "Bob" S. Chang , Executive Director of Fred T. Korematsu Center for Law and Equality at the University of California Irvine School of Law, provided background and updates on the latest development on the Arkansas foreign ownership laws. With over 30 years in the legal academy, Bob has focused on anti-Asian discrimination in law, including alien land laws. He described his growing concern as these laws began to re-emerge in recent years, particularly with Florida’s 2023 law. Collaborating with legal scholars like Rose Cuison Villazor (Rutgers Law School) and Jack Chin (UC Davis Law School), and the law firm Foley Hoag, Bob worked on an amicus brief addressing the historical and discriminatory dimensions of these laws. Bob highlighted parallels between historical and contemporary laws targeting minority groups, emphasizing how national security concerns often serve as a “fig leaf” to justify discriminatory practices. Drawing from his experience advancing Fred Korematsu ’s legacy, he explained that the use of national security as a pretext is a recurring theme in American history. Alien Land Laws and Recent Litigation Bob detailed the recent rise of alien land laws, noting that approximately 20 states are considering or have implemented new versions. He provided specific insights into Arkansas, where two laws were passed in 2023: one restricting agricultural land ownership and the other targeting land associated with data centers. Though framed as addressing “countries of concern” per the International Traffic in Arms Regulations (ITAR) list, evidence suggests these laws primarily target individuals and entities linked to China.Bob joined the Arkansas case after the complaint was filed, working with lead counsel Alexander Jones in the Little Rock office of Kutak Rock, and contributing a historical perspective to demonstrate the broader context and impact of such laws. Also joining in the case as co-counsel is Paul Hoffman , a clinical law professor at UC Irvine, along with several of the students in his civil rights clinic. Legal Strategies and Outcomes Bob discussed the legal strategies used to challenge these laws, including filing motions for a temporary restraining order (TRO) and a preliminary injunction. He humorously advised against filing such motions around Thanksgiving due to the intense workload, sharing that his team worked through the holiday to secure the preliminary injunction. Ultimately, the judge granted the preliminary injunction but based the decision on statutory claims of federal preemption without reaching the constitutional claims.The federal preemption claims relied on the Foreign Investment Risk Review Modernization Act (FIRRMA), emphasizing that land ownership related to national security is under federal, not state, jurisdiction. While this argument succeeded, Chang warned that changes in federal policy or administration could weaken this approach. Historical Lessons and Federal Advocacy Bob drew historical parallels to the Chinese Exclusion Act of 1882, explaining how discriminatory state laws against Chinese immigrants in the 1870s led to federal legislation. He stressed the importance of proactive advocacy with organizations like APA Justice and engagement with groups like the Congressional Asian Pacific American Caucus (CAPAC) to prevent discriminatory policies at the federal level. Ongoing and Future Litigation Bob highlighted the broader legal battle against alien land laws, noting active cases in multiple states. Arkansas just filed its notice to appeal the preliminary injunction, and similar cases in states like Tennessee and Florida are advancing through the courts. He underscored the importance of building strong coalitions and setting favorable legal precedents, as these cases may ultimately reach the U.S. Supreme Court. Conclusion Bob concluded by emphasizing the need for vigilance and collaboration to combat discriminatory laws effectively. He expressed his willingness to engage further with interested parties, both during the Q&A session and offline.A summary of the January 6 APA Justice monthly meeting is being prepared at this time. Meet Judith Teruya - New Executive Director of CAPAC During the APA Justice monthly meeting on January 6, 2025, Judith Teruya spoke on her first official day as the Executive Director of the Congressional Asian Pacific American Caucus (CAPAC) under Chairwoman Grace Meng . She acknowledged the longevity and importance of these efforts, stating, "You all have been doing this for a long time through a lot of different circumstances and different issues coming up in the community across the country." Judith introduced herself and highlighted her professional journey, which began in Congresswoman Meng’s office. During her tenure, Judith contributed to significant legislative achievements, including the “COVID-19 Hate Crimes Act”, the passage of the “AANHPI Museum Study Act”, and the creation of a commission to establish a “Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Museum”. Most recently, she served with the “White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI)” under Krystal Ka'ai ’s leadership before transitioning to her current role.Judith honored the legacy of CAPAC Chair Emeritus Judy Chu , acknowledging her transformative leadership over the years. Judith expressed her excitement about continuing CAPAC’s work and building upon its past achievements. Acknowledging the challenging political landscape ahead, she stated, "We know that the next couple of years are going to be a challenge. We know there are some challenging legislative battles that we have ahead of us in the House." Judith also referenced potential difficulties under a second Trump administration, noting, "We know from the first time around some of what we can expect... and so I really look forward to getting to work with you all." She emphasized the critical importance of ensuring that AANHPI communities are protected and actively involved in policymaking, saying, "Our communities must be seen, heard, and considered in the voices of policymaking, and not as an afterthought." Judith concluded by inviting collaboration and encouraging open communication, stating, "Please be in touch... I just look forward to getting to join you all monthly, moving forward.” Judith underscored her commitment to sustained engagement, listening to community concerns, and working together to address key issues impacting AANHPI communities.*****During the monthly meeting on January 6, Joanna YangQing Derman , Program Director of Advancing Justice | AAJC, provided a brief update on AAJC's opposition to the reauthorization of the House Select Committee on the CCP. She acknowledged that opposing this reauthorization was an "uphill battle," a reality confirmed by the recent passage of the rules package that reauthorized the Select Committee. Despite this setback, Joanna expressed gratitude to all the groups that joined AAJC's letter of opposition and reaffirmed AAJC's commitment to combating "harmful rhetoric and policies" that could lead to discriminatory backlash against the Asian Pacific Islander (API) community. She concluded by reaffirming further updates and actions in the weeks and months to come.*****During the same meeting, Dr. Kai Li , Vice President of the Asian American Scholar Forum (AASF), highlighted AASF's efforts and upcoming initiatives, emphasizing its role as a leading voice for the Asian American scholar community. He noted concerns about the potential resurgence of the "Chinese Initiative," stressing its negative impact on civil rights, talent retention, and U.S. competitiveness in global talent. Kai discussed AASF’s ongoing research on talent retention. A previous analysis revealed a significant loss of talent in the U.S., exacerbated by a chilling effect stemming from investigations targeting Asian American scholars. To deepen their understanding, AASF is initiating a new round of data analysis with updated information through 2024, aiming to uncover the primary reasons behind this talent exodus.AASF is also launching a national survey to gather feedback on new policies from scholars of all backgrounds. This effort includes collaboration with the National Institutes of Health (NIH) and the National Science Foundation (NSF) to understand reactions among scientists. The survey aims to facilitate closer cooperation with federal agencies and provide insights for policymaking.Kai mentioned discussions with university lobbying offices in Washington, D.C., regarding shared concerns. They include: · Potential taxation of university endowments. · Penalties for universities perceived as misaligned with administration priorities. · Legislative proposals restricting access to educational and economic opportunities for students from specific countries, particularly China. · Issues such as visa revocations at borders and penalizations of individuals based on historical affiliations with entities now on restricted lists. Kai reported that at AASF’s Annual Symposium at Stanford University on July 25-27, 2024, in partnership with the NSF, six Asian American scientists were recognized for their groundbreaking contributions with inaugural Asian American Pioneer Medals. · Nasir Ahmed : Inventor of discrete cosine transform, enabling modern video conferencing. · Raj Reddy : Developer of continuous speech recognition technology. · Teresa Meng : Innovator in Wi-Fi communication. · Frank Chung : Creator of the power amplifier for prolonged phone use. · Hyungsup Choi : Pioneer in semiconductor memory technology. · Dawon Kahng and Simon Sze : Co-inventors of floating gate memory, the fathers of flash memory. Dawon Kahng also invented MOSFET, the fundamental technology for semiconductor chips. Simon Sze published a book considered as the bible for semiconductors devices. A summary of the January 6 monthly meeting is being prepared at this time. The Legacies of Former President Jimmy Carter Dr. Yawei Liu , Senior Advisor of the Carter Center, has been involved with the center for over 25 years. During the APA Justice monthly meeting on January 6, 2025, Yawei delivered an insightful talk reflecting on the life, values, and contributions of former President Jimmy Carter , emphasizing lesser-known aspects of his legacy.Yawei highlighted President Carter's humility, honesty, and integrity, noting that while his presidency (1977–1981) is often criticized, his post-presidential accomplishments elevated him to one of the most admired former presidents. Yawei emphasized President Carter's refusal to capitalize on his political status, stating, “He would not take a penny” from honorariums or his Nobel Peace Prize earnings, instead directing all proceeds to philanthropic causes. Yawei noted, “His income is his pension, the royalties from his 33 books, and the proceeds from his farm.”President Carter’s modest lifestyle was underscored with examples such as his return to Plains, Georgia, where he lived in a $170,000, three-bedroom home. Yawei remarked, “The house, along with its three-acre compound, is cheaper than the Secret Service Suburban parked outside.” Carter and his wife, Rosalynn , planned to be buried on this property. President Carter's Humanitarian Efforts The Carter Center led a global campaign to eradicate Guinea worm disease, reducing cases from 3.5 million in 1986 to just 11 in recent years. Yawei quoted President Carter’s lifelong wish: “I would like to see all the worms gone before I die,” acknowledging the near success of this effort.President Carter’s 33-year dedication to volunteering a week annually with Habitat for Humanity exemplified his commitment to grassroots humanitarian work. He also lent his reputation to "The Elders," a group of former global leaders mediating conflicts worldwide, significantly enhancing its credibility. Diplomatic Contributions Yawei shed light on President Carter’s underappreciated role in resolving the nuclear crisis on the Korean Peninsula in the early 1990s. His 1994 meeting with Kim Il-sung helped establish a framework for peace, which later administrations attempted to follow.President Carter’s pivotal role in normalizing U.S.-China diplomatic relations in 1979 was another focus. President Carter’s interest in China began in childhood, inspired by letters from his uncle, a merchant marine, and his awareness of Baptist missionary work in the region. His first visit to China in 1949 exposed him to the devastation of the civil war, deepening his understanding of the country’s challenges. Yawei emphasized the lasting benefits of President Carter’s work, noting that normalization turned East Asia into a global economic engine. Yawei concluded by quoting President Carter's 2018 op-ed, where he called for “courageous leadership” to prevent a U.S.-China cold war. President Carter advocated for continued engagement, arguing that policies initiated under President Richard Nixon and solidified during his presidency brought peace and prosperity to East Asia. Rejecting engagement outright, President Carter warned, was “ludicrous and absurd.” Yawei celebrated President Carter’s enduring legacy as a global humanitarian and diplomat, urging future leaders to uphold his principles of humility, service, and a vision for a peaceful, interconnected world.A summary of the January 6 monthly meeting is being prepared at this time. CJR : Trump, the Public, and the Press On January 6, 2025, the Columbia Journalism Review article, "Trump, the Public, and the Press," examines the dynamic between Donald Trump ’s presidency, media coverage, and the influence of billionaire ownership in journalism. It highlights Trump’s combative relationship with the press, noting his ability to bypass traditional media through rhetoric and direct communication. This strategy, combined with his attacks on "fake news," has eroded public trust in journalism. The article discusses the challenges faced by media outlets owned by billionaires like Jeff Bezos ( The Washington Post ) and Patrick Soon-Shiong ( Los Angeles Times ), emphasizing the tightrope they walk between perceived bias, commercial interests, and editorial independence. The piece observes that “the public’s trust in media has plummeted, exacerbated by political polarization and a president who weaponized distrust.” The article also explores the broader implications of billionaire ownership in journalism. It raises concerns about how ownership can shape editorial direction, subtly aligning coverage with owners’ business interests or avoiding topics that could provoke political or financial backlash. “When billionaires own the press, the line between public interest and private interest can blur dangerously,” the article warns. It urges journalists to remain steadfast in their commitment to accountability and truth-telling despite growing external pressures, particularly in an era rife with misinformation and political manipulation. "The truth may not matter to the wealthy owners and CEOs who are treating Trump as much like a pope as a president. But journalists must redouble our efforts to expose every conflict of interest, every lie, and every threat to democracy," the article concludes.The article was authored by Norman Pearlstine . He began his journalism career in the 1960s. He has served as managing editor at the Wall Street Journal ; editor in chief, chief content officer, and vice chairman at Time Inc .; senior adviser at the Carlyle Group; chief content officer at Bloomberg News ; and executive editor of the Los Angeles Times . Read the Columbia Journalism Review article: https://bit.ly/4afy2Jx In a related story on January 9, 2025, New York Magazine reported "It’s Open Season on the Washington Post ." The report delves into the internal struggles and controversies facing The Washington Post as it grapples with leadership changes, financial pressures, and declining morale. Under CEO Will Lewis , the paper has faced layoffs, shrinking subscriptions, and waning confidence in its editorial vision. Interim executive editor Matt Murray has acknowledged “choppy waters ahead” for the publication. Jeff Bezos ’s intervention in rescinding the editorial board’s endorsement of Kamala Harris reportedly led to 250,000 subscription cancellations, further intensifying internal discord. Ann Telnaes , a Pulitzer Prize-winning cartoonist who recently left The Post , highlighted frustrations with the changing culture of the newsroom. Telnaes had created a cartoon that was ultimately blocked from publication by the paper's leadership. Reflecting on her departure, Telnaes said, “It’s not just about one cartoon—it’s about the larger issue of whether The Washington Post is still willing to take a stand.” Her departure underscores broader concerns, as one staffer noted that The Post is increasingly seen as “a stepping stone rather than a destination.” These issues have cast a shadow over the Post ’s ability to retain its identity as a journalistic powerhouse.Read the New York Magazine report: https://nym.ag/4gax7vj News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/17-03/15 2025 Asian American Stories Video Contest: My Gift to America2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/01/23 Community Reactions to the Trump Administration’s “Day One” Priorities2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/03 APA Justice Monthly Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/05 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. 2. Erratum George Ping Shan Koo 顧屏山 was born in Changting, China, in 1938. It was incorrectly reported as Hong Kong in APA Justice Newsletter Issue #303 . # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF January 17, 2025 Previous Newsletter Next Newsletter

Newsletter - #96 Updates On Sherry Chen, Franklin Tao, Charles Lieber; Latest On Campaign; Events + #96 Updates On Sherry Chen, Franklin Tao, Charles Lieber; Latest On Campaign; Events + Back View PDF November 18, 2021 Previous Newsletter Next Newsletter

Newsletter - #116 "China Initiative" Briefing; AAASE Lecture; Editorials; 3/7 Meeting; Hate Crime Update #116 "China Initiative" Briefing; AAASE Lecture; Editorials; 3/7 Meeting; Hate Crime Update Back View PDF March 1, 2022 Previous Newsletter Next Newsletter

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COVID-19 During the COVID-19 pandemic, anti-Asian hate crimes and incidents soared, reinforcing misconceptions about Asian Americans and endangering their communities. THE NUMBERS estimated AAPI essential workers 2 million daily reported anti-AAPI hate incidents 100 anti-Asian hate incidents reported in first few months of 2020 > 2300 Recent developments House Resolution Condemns All Forms of Anti-Asian Sentiment Related to COVID-19 This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. CAPAC Issues Messaging Guidance on Anti-Asian Hate This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. 2020 Ends With A Positive Story This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. More News Johns Hopkins University Unofficial Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University. The COVID Tracking Project An unofficial project on U.S. testing data. 1point3acres An unofficial website built and maintained by first-generation Chinese immigrants in the U.S. World Health Organization Daily situation reports produced by the World Health Organization. U.S. CDC Updates by the U.S. Center for Decease and Control (CDC). Tracking COVID Cases Stop AAPI Hate The Stop AAPI Hate website was launched on March 19, 2020 by the Asian Pacific Policy and Planning Council (A3PCON) and Chinese for Affirmation Action . By April 23, 2020, over 1,500 incidents have been reported to the website. By the end of March 2021, the number increased to over 6,600. Periodic analytical reports are produced by Dr. Russell Jeung, and Kai Nham, San Francisco State University Asian American Studies. Reporting Anti-Asian Hate Crimes and Incidents Stop AAPI Hate NYC Human Rights Racism is Contagious Act to Change Stand Against Hatred Coronavirus and Racism "There are serious concerns of a global pandemic, but the coronavirus (now called COVID-19 by the World Health Organization) has also reawakened centuries-old prejudices against Chinese people," John Pompret wrote recently in an opinion for the Washington Post . He went on to cite several historical examples of how anti-Chinese racism in the U.S. always hinged on the belief that Asians harbor disease, dating back to the 19th century. The title of a Wall Street Journal opinion on February 3 included a term "Sick Man of Asia" which is a century-old derogatory reference to persons of Chinese origin. It sparked strong reactions from the Chinese American community nationwide. "Something's not right here folks," Mario Cavolo, an American living in China, wrote in his LinkedIn blog as he looked at the disparate treatment and reaction to the 2009 H1N1 virus that started in the U.S. compared to the 2020 coronavirus in China. "This vicious, political, xenophobic racist attacks and smearing of all things China needs to stop," Cavolo concluded. Virus knows no borders. It is not an excuse for division, prejudice, fearmongering, or xenophobia here or elsewhere in the world. The risk of COVID-19 should obviously not be under-estimated. However, hate messages, baseless rumors, prejudice, conspiracy theories, uncontrolled emotions, panic and uninformed behavior cause far more damage than the coronavirus itself. "Whether in a couple of weeks or months later, this nasty flu type Corona virus will begin declining and the joy of Spring will arrive," Cavolo optimistically observed.

Newsletter - #112 FBI/DOJ Accountable? Xiaoxing Xi/OSTP; Science Needs Affirmative Action; COMPETES Act #112 FBI/DOJ Accountable? Xiaoxing Xi/OSTP; Science Needs Affirmative Action; COMPETES Act Back View PDF February 9, 2022 Previous Newsletter Next Newsletter

Newsletter - #175 4/3 Meeting Takeaways; CCS Letter to President; Franklin Tao Appeals; NY Hate Crimes + #175 4/3 Meeting Takeaways; CCS Letter to President; Franklin Tao Appeals; NY Hate Crimes + In This Issue #175 2023/04/03 APA Justice Monthly Meeting - Quick Takeaways from Three Invited Speakers Committee of Concerned Scientists Letter to President Biden on Cross Border Profiling Professor Franklin Tao To File Appeal to Reverse Lone Conviction 22-Year Sentence for Man Guilty in Hate-Crime Killing of Asian Immigrant News and Activities for the Communities 2023/04/03 APA Justice Monthly Meeting - Quick Takeaways from Three Invited Speakers 2023/04/17 Roundtable on a National Media Alert Network and Strike Teams. High level of interest was expressed following Paula Madison's thought- provoking and informative suggestion of a proactive national media alert network. As follow-up action, a virtual roundtable of about 90 minutes will be convened on Monday, April 17, 2023. An agenda for the event is being prepared at this time. Additional details will be coming soon. Please mark your calendar. 2. Let the President's Advisory Commission Know Your Issues and Concerns. Commissioner Dr. Robert Underwood joined the meeting from Guam whose Chamorro Time Zone is 14 hours ahead of the U.S. Eastern Time Zone. On March 10, 2023, APA Justice submitted its comments to the Commission, expressing concerns about government-instigated racial profiling that has been repeatedly explained away and justified under the cover of national security that sacrifices the civil and human rights of the Asian American and immigrant communities. Dr. Underwood encourages the communities and individuals to send their issues and concerns to him at anacletus2010@gmail.com and to the Commission at AANHPICommission@hhs.gov . 3. Educate, Educate, and Educate; Reinstate NYPD Officer Angwang. Despite his busy schedule that included a special session of the New York State Senate, Senator John Liu joined the meeting and spoke passionately about the need for education to counter anti-Asian hate. Senator Liu is in touch with New York Mayor Eric Adams' office regarding the reinstatement of Officer Angwang to the New York Police Department and an apology to Officer Angwang. Committee of Concerned Scientists Letter to President Biden on Cross Border Profiling On March 20, 2023, the Committee of Concerned Scientist (CCS) wrote a letter to President Joe Biden, expressing concerns about Chinese American researchers being profiled, harassed, and interrogated without just cause at the border. The letter was signed by Joel L. Lebowitz, Paul H. Plotz, Walter Reich, Eugene M. Chudnovsky, Alexander Greer, Co-Chairs of CCS. Senate Majority Leader Charles E. Schumer, House Speaker Kevin McCarthy, and Secretary of State Antony J. Blinken were copied. CCS referenced a report by the Chronicle of Higher Education on March 1, 2023, which describes instances where professors and scientists have been subjected to harassment and interrogations at the US border. The letter said in part "In this [Chronicle of Higher Education] article, advocates for Asian American academics describe several instances of harassment and interrogations, which have been rising over the past few months. The situation is worrisome since Chinese American researchers should feel free from the China Initiative policy of a few years ago. This policy disproportionately focused on Chinese American researchers in the U.S. Department of Justice’s sometimes overzealous efforts to uncover academic and economic espionage, and in our opinion often constituted ethnic profiling. The climate for Chinese American researchers needs to be made more welcoming. Indeed Gisela Kusakawa (Executive Director, Asian American Scholar Forum) commented poignantly “Although the China Initiative has ended — and that was a very important and critical step — for many Chinese Americans, it is clear that they still live in a climate that’s less welcoming.” While the Asian American Scholar Forum is aiming to collect more exact data on the number of these border stops, we are aware of a few specific cases: (1) Zhigang Suo, a professor of mechanics and materials at Harvard University; (2) Hong Qi, a visiting scholar of mathematical sciences at Louisiana State University and lecturer at Queen Mary University, London; and (3) a young daughter of a Chinese American scholar traveling alone who was stopped and interrogated about the nature of her father’s research. We ask for border officials to receive further anti-bias training and be encouraged to not focus selectively on Chinese American researchers in stopping them for secondary screening. Thank you for your attention to this very important matter and we look forward to a response from you shortly." Read the CCS letter: http://bit.ly/3Mwsdxx Professor Franklin Tao To File Appeal to Reverse Lone Conviction Attorney Peter Zeidenberg representing Professor Feng "Franklin"; Tao is in the process of filing a brief in the 10th Circuit Court seeking the reversal of the sole count of conviction against Professor Tao. He was the first academic indicted under the now-defunct "China Initiative."; The brief concludes: "The conviction on Count 9 should be reversed because the KU Institutional Responsibilities form—which Dr. Tao submitted only to KU and which KU never shared with NSF or DOE—and which neither agency considered when making funding or other decisions, was not within the Executive Branch’s jurisdiction. There is no legal basis for a felony false statement conviction in these circumstances. The Court’s affirmance would not only be unjust, but it would also open the floodgates to federal prosecutions of employees accused of making misrepresentations to employers that receive federal funding. It would subordinate the decisions of university department chairs, tenure committees, and Human Resources to the whims of federal prosecutors and jurors. An affirmance would also frustrate the ideals of our system of limited government. The Department of Justice is not the Ministry of Truth, and it should have no role regulating routine employee-employer interactions. The Court should reverse." Read the Franklin Tao story: https://bit.ly/3fZWJvK 22-Year Sentence for Man Guilty in Hate-Crime Killing of Asian Immigrant According to a report by the New York Times on March 31, 2023, a man who admitted to brutally, and fatally, attacking a 61-year-old immigrant in East Harlem two years ago because 5 the victim was Asian was sentenced to 22 years in prison. The sentencing of the man, Jarrod Powell, came several months after he pleaded guilty to manslaughter as a hate crime in the killing of the immigrant, Yao Pan Ma. Mr. Powell had suddenly shoved Mr. Ma from behind while the older man was pushing a grocery cart full of bottles and cans near 125th Street and Third Avenue. Video footage released by the police showed that after Mr. Ma collapsed to the ground, Mr. Powell had stomped on his head and kicked him several times in the face. Mr. Ma spent about eight months in a coma before dying as a result of the injuries he sustained in the attack. In entering his plea, according to prosecutors, Mr. Powell, 51, said he had targeted the older man because he was Asian. “New York is one of the most diverse cities in the world,” Alvin L. Bragg, the Manhattan district attorney, said in a statement announcing the sentence. “And no one should have to fear that they may be in danger because of their background.” Mr. Bragg’s office said that it had 39 open cases of anti-Asian hate crime. People of Asian descent have been the victims in several high-profile crimes in the past few years. In November 2021, GuiYing Ma, a 61-year-old Chinese immigrant, was fatally beaten as she swept a Queens sidewalk. In January, the man who admitted attacking her was sentenced to 20 years in prison. In January 2022, Michelle Alyssa Go was pushed to her death by a mentally ill man at the Times Square subway station. The next month, Christina Yuna Lee was fatally stabbed by a man who followed her from the street into her apartment. In March 2022, a 28-year-old man was charged with seven counts of assault and attempted assault in connection with a two- hour spree of attacks on women of Asian decent in Manhattan. Read the New York Times report: https://nyti.ms/3zstXjw News and Activities for the Communities 1. Harvard admits record number of Asian American applicants According to a report by NextShark on March 31, 2023, amid allegations of bias against Asian students in its admissions process, Harvard University welcomed its largest proportion of Asian American first-year students in its history.¶ From a pool of 56,937 applicants, the 6 Ivy League university admitted a total of 1,942 students — its second-lowest admissions rate on record — to its Class of 2027. Of this batch, 722 were accepted through an early action process in December 2022, while 1,220 were notified of the regular decision on March 30, 2023.¶ Asian American students composed 29.9% of the new admissions, marking a 2.1% increase from last year’s 27.8%. This, according to Harvard, is the group’s largest-ever acceptance rate.¶ Starting with the Class of 2027, the costs to attend the university — including tuition, housing, food and other fees — will be free for families with annual incomes of less than $85,000, up from last year’s $75,000 threshold.¶ Read the NextShark report: http://bit.ly/3TYEz34 2. The Silence of Florida’s Presidents According to a report on March 31, 2023, Inside Higher Ed asked 40 public college presidents in Florida to weigh in on state higher education reforms. None were willing to speak, even when offered anonymity.¶ As Florida’s Republican governor, Ron DeSantis, seeks to enact sweeping reforms to dramatically reshape higher education in the Sunshine State, students and faculty alike have protested legislation that would ban teaching certain topics, limit institutional authority and undermine tenure protections.¶ But one group has remained conspicuously silent: Florida’s college presidents.¶ Of the 40 presidents at Florida’s public colleges and universities, none have publicly challenged DeSantis as he has gone after diversity, equity and inclusion efforts; sought data on health care for transgender students; and pushed HB 999—legislation to remake Florida higher education.¶ Given their shared silence, Inside Higher Ed asked all 40 presidents that lead the institutions that comprise the State University System of Florida and Florida College System for comment. None of the presidents agreed to discuss attacks on higher education from the DeSantis administration, even when offered anonymity, and multiple institutions did not respond to a request for comment.¶ Florida’s college presidents remain silent as constituents demand they speak up with HB 999 advancing through the state Legislature. Observers suggest presidents are in a no-win scenario, where silence equals compliance but speaking out carries personal and institutional risks.¶ Read the Inside Higher Ed report: http://bit.ly/40yLh2a 3. In the war against history, Los Angeles and Asian American history offer hope According to an opinion by Erika Lee, Regents Professor of History at the University of Minnesota and the president of the Organization of American Historians, published by The Hill on April 1, 2023, since January 2021, 44 states have introduced bills or taken other steps to restrict discussions of race, gender, and sexuality in U.S. history. In 2022, proposed educational gag orders attempting to restrict teaching about race, gender, American history, and LGBTQ+ identities in K-12 and higher education increased by 250 percent compared to the previous year. Further, according to a new report by Pen America, more than 2,500 different book bans were enacted in schools across 32 states during the 2021-2022 school year. A few months ago Florida rejected the College Board’s Advanced Placement course on African American Studies in the state’s high schools, claiming that it “lack[ed] educational value.”¶ There is a war being waged against American history by those hostile to an honest portrayal of our country’s history—and who seek to stamp out the expansive, inclusive, and complicated understanding of America’s past that recent scholarship has revealed.¶ As more than 1,000 U.S. historians gather in Los Angeles on March 30 to April 2, 2023, for the annual Organization of American Historians meeting, the question of how educators, scholars, officials, and activists can work together in this war will be front and center. We will be discussing how current community, civic, and historian-led efforts are confronting our past in ways that should all give us hope for the future. And how Los Angeles may serve as a model for other cities and states to follow in developing approaches that openly and inclusively tackle our country’s difficult racial history.¶ The stakes could not be greater.¶ Read The Hill opinion: http://bit.ly/3MxIAKf 4. Interim Executive Director for MOCA On March 30, 2023, the Museum of Chinese Americans (MOCA) announced the selection of arts and cultural leader Nina Curley as its Interim Executive Director to succeed outgoing President, Nancy Yao, who has been named the founding director of the Smithsonian American Women’s History Museum, effective June 5. Read the MOCA announcement: https://bit.ly/3ZEJ8AE Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF April 4, 2023 Previous Newsletter Next Newsletter

Xiao-jiang Li 李晓江 Docket ID: 1:20-cr-00164 District Court, N.D. Georgia Date filed: May 8, 2020 Date ended: May 8, 2020 Docket ID: 1:19-mj-01007 District Court: N.D. Georgia Date filed: Nov. 21, 2019 Date ended: May 8, 2020 Table of Content Overview 2019/05/16 Emory University Termination 2019/11/21 DOJ Complaint 2020/05/08 Plea Agreement Overview On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang and his wife Dr. Shihua Li that both neuroscientists had been terminated while they were traveling in China. They were accused of failing to disclose research fundings from China and their work for Chinese universities while receiving federal grants from the U.S. government. Dr. Xiao-Jiang Li moved to the U.S. from China to obtain a doctoral degree in the late 1980s and became a naturalized American citizen in 2000. He and his wife, also a U.S. citizen, joined Emory University in 1995 and were co-leader of the Li Laboratory. “They treated us like criminals,” Dr. Li said in an interview in November 2019 near Jinan University in southern China, where he and his wife now work. He disputed the suggestion that they had failed to report ties to China. “Our work is for humanity,” Dr. Li Shihua added. “You can’t say if I worked in China, I’m not loyal to the U.S.” On November 21, 2019, the Department of Justice (DOJ) filed an unannounced complaint against Dr. Xiao-Jiang Li, accusing him of theft of federal grant funds and failing to disclose income from China. Dr. Shihua Li was not named in the complaint. On May 8, 2020, Dr. Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation. DOJ then listed Dr. Li’s case as part of the China Initiative in its online report although it did not involve economic espionage or trade secret theft. 2019/05/16 Emory University Termination On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang Li and his wife Dr. Shihua Li that both neuroscientists had been terminated when they were travelling in China. Both were professors of human genetics and co-led the Li Laboratory at the University. They are naturalized U.S. citizens. Dr. Xiao-Jiang Li obtained his doctor degree from Oregon Health & Science University in 1991. He joined the faculty of Emory University in January 1996, was promoted to full professor in 2005, and had been Distinguished Professor of Human Genetics at Emory University from 2007 to 2019. The simultaneous dismissals were for allegedly failing to disclose their sources of overseas financing and research ties in China. Dr. Li claimed that they did not receive notice or opportunity for them to respond to unverified accusations. The university closed their joint laboratory immediately, which was part of the medical school. Their websites were disconnected. Four postdoctoral students working in the lab, who were Chinese nationals, were told to leave the United States within 30 days. None were given reasons for their terminations. Emory University said its action came after an internal investigation prompted by a letter from the National Institutes of Health (NIH), which had been contacting U.S. universities with concerns about whether specific grantees have adhered to agency rules regarding the disclosure of foreign funding and affiliations. Dr. Xiao-Jiang Li disputed Emory University's claim that the two researchers "had failed to fully disclose foreign sources of research funding and the extent of their work for research institutions and universities in China." According to available records, Dr. Li and his wife published many papers in high-profile journals. They have disclosed funding and affiliations with Chinese institutions, as well as biographical information posted online. References and Links 2019/11/17 Liberation: Emory University professors fired in NIH’s anti-Chinese crackdown 2019/11/04 New York Times: Vast Dragnet Targets Theft of Biomedical Secrets for China 2019/07/19 Washington Post: Scrutiny of Chinese American scientists raises fears of ethnic profiling 2019/06/17 知识分子: 埃默里大学风波又起，另一华人学者或已离开 2019/06/14 South China Morning Post: Professor at Emory University seeks legal support amid US probe into academics’ ties to China 2019/06/13 Deep Tech深科技: 埃默里大学风波再起，华人科学家称“遭到史无前例的对待”丨独家对话旋涡中心于山平 2019/06/12 Science: Emory scientist was told to vacate his office. He says move is reprisal for activism on Asian ties 2019/05/28 Radio Free Asia: US Research University Fires Two Chinese Scientists Over 'Failure to Disclose' Funding 2019/05/28 美国亚裔快讯: 华裔科学家夫妇遭开除,为埃默里大学工作23年的李晓江夫妇违规了吗？ 2019/05/28 South China Morning Post: Chinese college offers to hire two neuroscientists sacked by Emory University 2019/05/27 South China Morning Post: Scientist hits back at US university over ‘unusual and abrupt’ sacking in China funding ties case 2019/05/24 iNature (Chinese translation): Science | 首度发声！李晓江强力驳斥埃默里大学指控 2019/05/24 South China Morning Post: Emory University in US fires scientists over undisclosed funding ties to China 2019/05/24 Science: Terminated Emory researcher disputes university’s allegations about China ties 2019/05/23 Yahoo Finance: Professors fired from Emory University for hiding grants from China 2019/11/21 DOJ Complaint On November 21, 2019, the Department of Justice (DOJ) filed an unannounced criminal complaint against Dr. Xiao-Jiang Li, charging him with one count of theft of federal grant funds and failure to disclose income from China. Dr. Shihua Li was not named in the complaint. The complaint became public through an NBC News report in February 2020. According to the complaint, Emory University provided the FBI with a letter, dated 12/15/2011, addressed to Li from Xue Yongbao of the Institute of Genetics of the Chinese Academy of Sciences (“CAS”). The letter notified Dr. Xiao-Jiang Li that his application for a “Thousand Talents Program” position was approved. According to the letter, Dr. Li would be appointed the position of Research Team Leader at the Institute of Genetics and Developmental Biology of CAS. The institute agreed that Li would work in China for six months or more before 01/01/2014 as part of a transition period. The purpose of the transition period was so Li would have “sufficient time to build a large animal experimental platform and team and undertake important national issues.” Li was to assume his position full-time (9 months each year) before 01/01/2014. Emory University also provided the FBI with a “High-level Talent (Transition Period) Employment Contract” between the Institute of Genetics and Developmental Biology of CAS (Party A) and Li (Party B), executed on 12/20/2011. The term of the contract was two years, from 12/30/2011 to 12/30/2013. On or about February 10, 2015, Dr. Li began pursuing part-time status at Emory University to work at CAS. Dr. Li and the Emory University Department of Human Genetics Chairman entered into a “A letter of understanding.” Dr. Li’s stated purpose was “to spend more time to lead research projects on neurological diseases at the Institute of Genetics and Developmental Biology at Chinese Academy of Sciences.” According to Emory University, Dr, Li did not complete the process and started to work at CAS in 2015. In or about October 2018, the National Institutes of Health (NIH) notified Emory University that NIH had become aware that applications submitted to NIH for Li may have failed to comply with NIH policies regarding other support, disclosing foreign financial interests, and/or obtaining prior approval from NIH for the use of foreign components on NIH research grants. In response, Emory University discussed the matter with Dr. Li between October 2018 and May 2019. Additionally, in or about January 2019, Emory University initiated an internal review of Dr. Li’s Emory University email account. Dr. Li’s emails revealed his association with the Chinese government’s “Thousand Talents Program.” On November 22, 2019, Dr. Li was arrested, and an initial appearance was held at which time Dr. Li moved for a preliminary hearing, which was originally set for December 13, 2019, but it was delayed several times. On May 8, 2020, DOJ made a motion to dismiss the original complaint and refiled with a different complaint based on a plea agreement the same day. References and Links 2020/05/08 US v Li 1:19-mj-01007: (Doc 19) Government’s Motion for Leave to File Dismissal 2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case 2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020 2020/02/04 NBC News: Emory professor hit with criminal charge, linked to Chinese government program 2019/11/21 US v Li 1:19-mj-01007: (Doc 1) Criminal Complaint 2020/05/08 Plea Agreement On May 6, 2024, a telephone conference regarding plea and sentencing was held between Assistant United States Attorney Samir Kaushal and Peter Zeidenberg, attorney representing Dr. Xiao-Jiang Li, in the U.S. District Court in Atlanta. On May 8, 2020, Dr. Xiao-Jiang Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation. Dr. Li's attorney, Peter Zeidenberg, says his client "admits that he should have reported the income on his taxes. And he's embarrassed by it." The judge's actions, Zeidenberg says, will allow Dr. Li "to get back to his research" on Huntington disease, which was halted when the couple's lab was abruptly shut down. But Zeidenberg thinks the case wound up having the opposite effect of what federal authorities claimed was their goal in prosecuting Dr. Li. "He would have preferred to do it in the United States, at Emory," Zeidenberg says. "He's had a successful career here, and this is where his life is. But now he is being forced to work in China. And I think that's incredibly ironic." References and Links 2020/05/20 ASBMB: Ex-Emory neuroscientist pleads guilty; fired Cleveland Clinic geneticist arrested 2020/05/17 Emory Wheel: Former Emory Biomedical Professor Pleads Guilty to Filing False Tax Returns, Sentenced to 1 Year of Probation 2020/05/13 The College Fix: Former Emory U. professor pleads guilty of hiding ties to Chinese government 2020/05/12 Science: Fired Emory University neuroscientist with ties to China sentenced on tax charge 2020/05/11 Department of Justice: Former Emory University professor and Chinese “Thousand Talents” participant convicted and sentenced for filing a false tax return 2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case 2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020 Previous Item Next Item

Newsletter - #269 8/5 Monthly Meeting; Dr. Yanping Chen; Citizenship Question Lowers Census Response; + #269 8/5 Monthly Meeting; Dr. Yanping Chen; Citizenship Question Lowers Census Response; + In This Issue #269 · 2024/08/05 APA Justice Monthly Meeting · The Privacy Lawsuit of Dr. Yanping Chen · AP: Noncitizens are Less Likely to Participate in a Census with Citizenship Question, Study Says · News and Activities for the Communities 2024/08/05 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, August 5, 2024, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: · Franklin Tao , former Professor of Kansas University, Victim of China Initiative; Hong Peng , Wife of Professor Tao · Ann S. Chao , Co-founder, Friends of the National Asian Pacific American Museum; Program Manager, Houston Asian American Archive, Rice University · Sonal Shah , Chief Commissioner, President's Advisory Commission on AANHPI; CEO, Texas Tribune 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 . *****Professor Franklin Tao was the first academic scientist indicted under the China Initiative. It took him almost 5 years to clear all 10 charges against him, the last of which was overturned by the 10th Circuit Appeals Court on July 11, 2024. None of the charges were related to espionage or the transfer of sensitive information to China. On July 23, 2024, a press conference was held on Capitol Hill following Professor Tao’s recent victory in a federal court appeal. Franklin and his wife Hong will share their thoughts and remarks about their experience and plans. Anne S. Chao is a modern Chinese historian, and currently an Adjunct Lecturer in the Humanities at Rice University, and co-founder and manager of the Houston Asian American Archive at Rice University. She is a co-founder of the FRIENDS of the National Asian Pacific American Museum , whose goal is to establish a national AAPI museum on the nation's Mall in Washington DC. Anne serves on the boards of the Houston Ballet, Wellesley Colleges, the National Archives Foundation, the Dunhuang Foundation among others. Ann will update us on her activities. President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders was created in 2021 under Executive Order (EO) 14031 to advance equity, justice, and opportunity for Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities. Sonal returns to update us about the Commission as Chief Commissioner. The Privacy Lawsuit of Dr. Yanping Chen APA Justice is compiling stories of scientists and individuals impacted by racial profiling for its new website under construction. One of these individuals is Dr. Yanping Chen . She was not charged after six years of FBI investigations started in 2010. Dr. Chen filed a lawsuit against the Government for violating the Privacy Act, which has been ongoing since 2018.Dr. Chen, a naturalized U.S. citizen born in China, was a cardiologist and medical researcher for the Chinese astronaut program. She became a lawful permanent resident in 1993 and a U.S. citizen in 2001.In 1998, she founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults. In 2010, Dr. Chen became the focus of an FBI investigation. After six years of investigations, including searches of her home and office, she was informed that no charges would be filed against her in 2016. However, beginning in 2017, Fox News aired a series of reports by Catherine Herridge , based on leaked FBI materials, that suggested she was spying for China, causing her significant personal, professional and financial harm.On December 21, 2018, Dr. Chen filed a lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security. Fox News and Catherine Herridge, while not defendants in the lawsuit, were subpoenaed to reveal the source of the leaks after deposing 18 government employees failed to identify the source.On August 1, 2023, U.S. District Court Judge Christopher Cooper ruled that Catherine Herridge must participate in a deposition to reveal her source. “The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge. But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case. The identity of Herridge’s source is central to Chen’s claim, and despite exhaustive discovery, Chen has been unable to ferret out his or her identity. The only reasonable option left is for Chen to ask Herridge herself,” the ruling said.On February 29, 2024, Judge Cooper held Catherine Herridge in civil contempt for refusing to divulge her source for her 2017 series of Fox News reports. He imposed a fine of $800 per day until Catherine Herridge reveals her source, but the fine will not go into effect immediately to give her time to appeal.Dr. Yanping Chen has faced a 14-year struggle for justice and fairness since the FBI began investigating her in 2010.Once Dr. Chen's web page is fully implemented, it will be shared for review. Watch this newsletter for the latest developments. The legal docket of Dr. Chen's lawsuit is located here: https://bit.ly/3ufnqUP AP : Noncitizens are Less Likely to Participate in a Census with Citizenship Question, Study Says According to AP on July 25, 2024, adding a citizenship question to the census reduces the participation of people who are not U.S. citizens, particularly those from Latin American countries as Republicans in Congress are pushing to add such a question to the census form. The next census will be taken in 2030.Noncitizens who pay taxes but are ineligible to have a Social Security number are less likely to fill out the census questionnaire or more likely to give incomplete answers on the form if there is a citizenship question, potentially exacerbating undercounts of some groups, according to a research paper released by researchers at the U.S. Census Bureau and the University of Kansas.Excluding people who are not citizens from the census count tilts political power and the distribution of federal funds in the United States. The 14th Amendment requires that all people are counted in the census, not just citizens.During debate earlier this month at a House appropriations committee meeting, Democratic U.S. Rep. Grace Meng of New York described the efforts to exclude people in the country illegally as “an extreme proposal” that would detract from the accuracy of the census. “Pretending that noncitizens don’t live in our communities would only limit the crucial work of the Census Bureau and take resources away from areas that need them the most,” Meng said.The Trump administration unsuccessfully attempted to add a citizenship question to the 2020 census questionnaire. It was blocked by the Supreme Court in 2019. At the moment, the citizenship question is part of a separate detailed annual sample of a small chunk of the population (about 3.5 million addresses each year), the American Community Survey. Read the AP report: https://bit.ly/3SmxMAp News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony 2024/08/04 Rep. Gene Wu's Town Hall Meeting 2024/08/05 APA Justice Monthly Meeting 2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, IL 2024/09/01 Rep. Gene Wu's Town Hall Meeting 2024/09/09 APA Justice Monthly Meeting Back View PDF July 26, 2024 Previous Newsletter Next Newsletter

Newsletter - #159 1/9 Meeting; Thomas Keon Under Fire; Franklin Tao; NSF Grant Inequity; Community News #159 1/9 Meeting; Thomas Keon Under Fire; Franklin Tao; NSF Grant Inequity; Community News In This Issue #159 2023/01/09 APA Justice Monthly Meeting Purdue University Northwest Chancellor Thomas Keon Under Fire Update on the Case of Professor Feng "Franklin" Tao 陶丰 Asian Researchers Face Disparity With National Science Foundation Asian American and Academic Community News and Activities 01/09/2023 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, January 9, 2023. Rep. Judy Chu 赵美心 , Chair of Congressional Asian Pacific American Caucus (CAPAC), to review 2022 and look to what is ahead in 2023 Sherry Chen 陈霞芬 , Hydrologist, U.S. Department of Commerce, to remark on her historic settlement and justice Haipei Shue 薛海培 , President, United Chinese Americans, and Vincent Wang 王文奎 , Co-organizer, APA Justice; Chair, Ohio Chinese American, to recap Justice for Sherry Chen Congressional Reception and more Patrick Toomey , Deputy Director, and Ashley Gorski , Senior Staff Attorney, National Security Project, ACLU, look forward to 2023 after the historic settlement of Sherry Chen as the Top 4 ACLU accomplishment in 2022: the Third Circuit Court decision on Professor Xiaoxing Xi's case; questioning of Asian American scientists at the border; upcoming debate in Congress about whether to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which may increasingly sweep up people communicating with family, friends, and business contacts in China; and efforts to strengthen protections against profiling and discrimination by the Department of Justice (DOJ), the Federal Bureau of Investigations (FBI), and the Department of Homeland Security (DHS). John Trasvina , Civil Rights Attorney; Former Counsel, Senate Judiciary Subcommittee on the Constitution; Former Dean, University of San Francisco School of Law, to discuss the nomination for U.S. Attorney of Eastern District of Tennessee John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC on the Anti-Profiling, Civil Rights & National Security Program and Related Activities The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei, Vincent Wang, and Jeremy Wu - or send a message to contact@apajustice.org . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP . Purdue University Northwest Chancellor Thomas Keon Under Fire On January 5, 2023, Inside Higher Ed published " Battling the Fallout of a Racist Comment ." According to the report, Purdue Northwest (PNW) faculty members want Chancellor Thomas L. Keon to step down after a racist remark. Keon is clinging to his job despite a reprimand from the Board of Trustees. As pressure mounts both on and off campus, Keon is resisting calls for his resignation.On December 14, Keon issued an apology. On December 16, the PNW chapter of the American Association of University Professors (AAUP) concludes in a press release that "the time has come for Chancellor Keon to resign, or else to be removed by the Purdue University Board of Trustees." On December 22, Purdue’s Board of Trustees announced that it had reprimanded Keon for his “offensive and insensitive” joke, which was “unbecoming of his role as chancellor, and unacceptable for an occasion that should be remembered solely for its celebratory and unifying atmosphere.” The day before the reprimand, the PNW Faculty Senate passed a vote of no confidence in the chancellor and requested Keon's resignation.“What he did was reprehensible, and no one who has done anything that offensive should ever be in a position to represent a university,” said Thomas Roach , PNW’s Faculty Senate chair. “And the Board of Trustees should know that, and they should have removed him immediately without us having to take that vote. The board is treating it as if he made this little mistake, and they don’t want to damage his career because of one mistake. Well, that’s a pretty big mistake for the chancellor of the university.” In addition to the faculty, some PNW student groups denounced Keon. Condemnations of the chancellor’s actions have also rolled in from outside groups, including the Asian American Scholars Forum , Asian Pacific Americans in Higher Education , Association for Asian American Studies , OCA , Japanese American Citizens League , National Asian Pacific American Womens Forum Indiana Chapter , Committee of 100 , Friends of the Chinese American Museum , and Asian American Alliance. On January 6, the Urban League asked Keon to resign from his post on its local affiliate's board.On January 1, Mung Chiang 蔣濛 , a Chinese American born in China, began his tenure as the 13th President of Purdue University . At age 47, he is the youngest president of an Association of American Universities (AAU) university. Observers and advocates are reportedly hoping Chiang will address the issue regarding the chancellor. Update on the Case of Professor Feng "Franklin" Tao 陶丰 Kansas University (KU) Professor Franklin Tao was the first academic to be indicted under the now-defunct "China Initiative" in August 2019.On January 18, 2023, Dr. Tao will be sentenced on a single count for false statements that he did not disclose his relationship with Fuzhou University (FZU) in China as a Chang Jiang Distinguished Professor. There was no evidence that Dr. Tao received any payment from FZU, but the disclosure was false because Dr. Tao had conflicts of time or interest, according to the government. As a result of the conviction of one count, Dr. Tao faces a sentencing guideline range of 0-6 months. Federal prosecutors want a sentence of 30 months in prison.According to the Sentencing Memorandum , attorneys for Dr. Tao requested a sentence of time-served, concluding that: "Dr. Tao not only has no criminal history; he has no prior arrests. There can be no serious suggestion that Dr. Tao is at risk to re-offend. Given that Dr. Tao has essentially been on probation for the past three and one-half years, required to wear an ankle-bracelet and unable to travel without Court permission; given the ruinous effect of this prosecution on his career, his life, and his family and his finances, a sentence of time-served is appropriate and justified. This conviction, alone, is enough, and is no 'slap on the wrist': the life that Dr. Tao knew prior to his arrest is over, forever. He was convicted of a felony—a label that he will be forced to wear for the rest of his life. He and his family have already endured great psychological trauma during the last three and one half years, with everlasting consequences for all of them. His family is on the brink of bankruptcy. No pecuniary harm resulted from Dr. Tao’s conduct. In the circumstances of this case, a sentence of time-served is sufficient to satisfy the statutory purposes of sentencing." Professor Tao was originally charged with eight counts of wire fraud and two counts of false statements. After the government voluntarily dismissed one wire fraud and one false statement count before trial, the jury acquitted Professor Tao of three additional wire-fraud charges and one false statement charge. The Court subsequently granted Professor Tao’s Motion for Judgment of Acquittal and acquitted Dr. Tao on the three remaining wire fraud counts. The lone remaining count is false statements.Read more about Dr. Tao's case at https://bit.ly/3fZWJvK Asian Researchers Face Disparity With National Science Foundation On January 4, 2023, the New York Times reported on " Asian Researchers Face Disparity With Key U.S. Science Funding Source. " According to the report, White researchers fared best in winning grants from the National Science Foundation (NSF) based on the findings of a paper published in November in the journal eLife . Asians encounter the highest rate of rejections, challenging an academic stereotype. The NSF is a federal agency that finances several billion dollars in grants each year to support a swath of basic science research in the United States, including biology, chemistry, computer science, geosciences, mathematics and physics. For university professors and others in academia, the NSF often provides the crucial financial lifeblood for a successful career. From 1999 to 2019, the proportion of proposals that received funding fluctuated between 22 and 34 percent depending on the number of submissions and the available budget, which varies based on yearly congressional appropriations. In 2019, for example, NSF received 41,024 proposals and financed 27.4 percent of them. A typical grant lasts three years, and the average annual award amount that year, including both new awards and continuing awards, was $189, 000.Latino scientists did slightly better than average that year, with 29 percent of their proposals funded, and proposals by Black scientists did slightly worse than average, at 26.5 percent. For proposals led by white scientists, 31.3 percent were funded, while only 22.7 percent of those led by Asian scientists were funded. The eCell paper was authored by seven researchers led by Dr. Christine Yifeng Chen , a postdoctoral researcher at Lawrence Livermore National Laboratory. It was also reported and discussed by the American Physical Society on November 8, 2022. The eCell paper infers that white scientists have received a “surplus” of 12,820 NSF awards over the past 20 years. Meanwhile, Asian scientists have a “deficit” of 9701 awards. For Black and Hispanic scientists, the deficits are 417 and 175 awards, respectively. The racial disparity issue echoes a commentary published last year in the journal Cell by Yuh Nung Jan , a professor of physiology at the University of California, San Francisco, that showed that Asian scientists in biomedical research rarely received top prizes in their fields. Dr. Jan found that just 57, or less than 7 percent, of 838 winners of American biomedical prizes were Asian, even though Asian scientists now account for more than a fifth of the researchers in these fields. The NSF will launch a new program called Analytics for Equity this month, asking researchers to propose projects that would investigate diversity data at the NSF and other federal agencies. The National Science Board, which sets policy for NSF, voted to establish a commission to study NSF review process, citing “internal and external reports of racial disparities in merit review." Asian American and Academic Community News and Activities Portman Amendment Excluded from FY23 NDAA. On December 9, 2023, seven community groups including APA Justice issued a press release applauding the exclusion of Senate Amendment 5810, the Safeguarding American Innovation Act, in the National Defense Authorization Act (NDAA) for Fiscal Year 2023. Introduced by Senator Rob Portman , this amendment would have had long standing impacts and ramifications for the broader Asian American and immigrant communities, particularly those of Chinese descent. It would have criminalized disclosures on federal grant applications and subjected immigrants, scientists, researchers and their families to imprisonment, steep civil fines, immigrant visa restrictions, and enduring damage. Supported by dozens of other immigrant rights groups, Asian American advocates, and professional organizations, the coalition submitted a formal letter to the offices of House Speaker Pelosi , House Minority Leader McCarthy , Senate Majority Leader Schumer , and Senate Minority Leader McConnell . AASF Campaign on Disclosure Requirements. After their submission of recommendations to the National Science Foundation (NSF), Asian American Scholar Forum (AASF) is continuing its campaign on disclosure requirements. Organizations are welcomed to join. The goal is to educate groups such as the National Council of Asian Pacific Americans and the National Asian Pacific American Bar Association that do not normally work on science or research security to become more engaged in disclosure issues. Read more about the AASF recommendations at https://bit.ly/3ZihfPZ . Contact Gisela Kusakawa , AASF Executive Director, for more details at gpkusakawa@aasforum.org Growing Concerns about Border Harassment. There are growing concerns that students and faculty of Asian origin, particularly those of Chinese origin, are increasingly getting harassed at the border. Members of the Asian American Scholar Forum (AASF) were reportedly too frightened to travel abraod during the holidays and kept their travels domestic. AASF is gathering stories from its members and the community network in partnership with the US-Asia Institute at the New York University Law School. Patrick Toomey , Deputy Director of the ACLU National Security Project, will include this topic as part of his talk at the APA Justice monthly meeting on January 9, 2023. The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders. The Commission held its fourth public meeting over the course of two days on December 5-6, 2022, to approve additional recommendations for submission to President Joe Biden. Watch the meeting on YouTube day one (video 2:03:08) and day two (video 1:59:13). The Commission released its inaugural report detailing recommendations on six primary areas - Belonging, Inclusion, Anti-Asian Hate, Anti-Discrimination; Health Equity; Immigration and Citizenship Status; Language Access; Data Disaggregation; and Economic Equity - that were approved on May 12, 2022, and transmitted to the President on August 24, 2022. In addition to the December meeting, the Commission held public meetings in February, May, and September. Learn more about the Commission and the Biden Administration's whole-of-government approach to advancing equity, justice, and opportunity for AA and NHPI communities. https://bit.ly/3invK4g Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF January 9, 2023 Previous Newsletter Next Newsletter