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Congressional Actions Track Congress's statements and actions for the AAPI community. Our watchlist contains all of the most pertinent issues and legislations to the Asian American community. Check it out Our Watchlist See organizations', scientists', and community groups' statements and responses to AAPI issues. Explore Community Responses Texas House Bill 1075 and Senate Bill 552 Read More CAPAC Issues Messaging Guidance on Anti-Asian Hate Read More Teaching Asian Pacific American History Act Introduced Read More House Resolution Condemns All Forms of Anti-Asian Sentiment Related to COVID-19 Read More Senator Warner Letter to FBI Director Wray Read More House Intelligence Committee Chairman Adam Schiff Statement on Racial Profiling Read More

Wuyuan Lu 陆五元 Professor, School of Basic Medical Sciences, Fudan University, Former Professor of Chemistry and Biochemistry, University of Maryland Table of Contents Overview 2012 Institute of Human Virology Annual Report Links and References Overview According to Science on March 23, 2023, for decades, Chinese-born U.S. faculty members like Wuyuan Lu were celebrated for fostering collaborations with colleagues in China. These partnerships were viewed as enriching the scientific community, and universities proudly cited the benefits of their ties to the rising global power. But in late 2018, the atmosphere shifted dramatically when institutions began receiving emails from the U.S. National Institutes of Health (NIH), asking them to investigate whether their faculty had violated NIH policies by allegedly failing to disclose affiliations with Chinese institutions. This marked the beginning of a covert, wide-reaching investigation that would result in 103 scientists—many of them tenured faculty—losing their jobs within four years. [By June 2024, the number has increased to 112.] Dr. Lu, a tenured professor at the University of Maryland’s Institute of Human Virology (IHV), was one of those caught in the crosshairs. In December 2018, he received an urgent email from a senior university research administrator, Dennis Paffrath, who cited concerns raised by the NIH about Dr. Lu's alleged failure to disclose outside research support and affiliations with Chinese universities. The NIH letter pointed to Dr. Lu’s connections with Xi’an Jiaotong University and Fudan University, alleging that his NIH-funded research overlapped with work being conducted in China. Confident that this was a misunderstanding, Dr. Lu responded swiftly. He explained that his collaborations in China were purely academic and that NIH funds were never used for work conducted overseas. He highlighted the intellectual contributions of Chinese students to his NIH-funded research at IHV, stating that the university had not only approved these partnerships but had publicly celebrated them. However, Dr. Lu's reassurances were met with silence for 15 months. When NIH finally responded, it demanded more documentation, asking for detailed descriptions of his research and even English and Chinese copies of contracts he had signed with Chinese institutions. Despite his efforts to comply, NIH remained unsatisfied. Lu felt the pressure mounting. Frustrated by the process and what he perceived as an unjustified witch hunt, Dr. Lu reached his breaking point. In August 2020, after years of uncertainty, he resigned from his tenured position at the University of Maryland. He relocated to China, where he now teaches at Fudan’s medical school in Shanghai. Looking back, Dr. Lu describes the NIH as acting like a “bully.” He felt that the investigation was a form of racial profiling, a symptom of the larger campaign to counter Chinese espionage, despite little evidence of wrongdoing. While the university never explicitly blamed him, Dr. Lu saw them as simply the middleman, caught between NIH's demands and their faculty. The once-celebrated scientist now viewed NIH’s actions as part of a larger trend of targeting Chinese-born academics, reflecting a dramatic shift in the U.S. scientific landscape, where collaboration with China had gone from a prized asset to a perceived liability. 2012 Institute of Human Virology Annual Report The 2012 University of Maryland Institute of Human Virology annual report highlighted Dr. Wuyuan Lu’s structural biology research associated with China. According to the report, “Dr. Wuyuan Lu has recently been tapped by Xi’an Jiaotong University (XJTU)—a prestigious academic institution in China—to help build a center for translational medicine in the ancient city of Xi’an as an extension of his ongoing biomedical research at IHV. The research center is affiliated with the School of Life Sciences and the Frontier Institute of Science and Technology of XJTU, and forms a strategic alliance with the University’s First Affiliated Hospital—the largest hospital in northwest China. The core mission of the center is to support biomedical research aimed at translating basic science discoveries into improved human health in the areas of cancer and infectious disease. “Dr. Lu regularly travels to Xi’an for strategic planning consultation that entails the building of the infrastructure of the center, recruitment of its principal investigators, development of curricula for graduate education, and establishment of a multidisciplinary research program. Discussions are also underway about how to launch a platform in Xi’an to foster close collaborations in basic and clinical research on HIV between the Institute of Human Virology and XJTU. Dr. Lu hopes that his stint in Xi’an will ultimately lead to frequent exchanges of basic scientists, clinicians and graduate students, sponsorship of joint research projects by the U.S. and China, and a greater role for the IHV in leading the global fight against HIV/AIDS. “The major goals of IHV’s research in the Laboratory of Chemical Protein Engineering (Lu laboratory) include deciphering the molecular basis of how proteins function, elucidating the structure and function relationships for and mechanisms of action of antimicrobial peptides, and developing novel antitumor and antiviral peptides for the treatment of cancer and infectious disease. “Structural biology has grown rapidly at IHV, including international expansion of Lu’s program…” Links and References University of Maryland, Baltimore County: Wuyuan Lu 2023/03/23 Science: Pall of Suspicion 2012 University of Maryland: Institute of Human Virology annual report Previous Item Next Item

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Warrantless Surveillance The domestic surveillance over American citizens for whom there is no evidence or proof that they are involved in any illegal activity. THE NUMBERS Pending cases 5 Failure-to-disclose cases 91% Days of the China Initiative 1210 Recent developments 54 scientists lose their jobs from NIH probe into foreign ties This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Professor Xiaoxing Xi Receives Andrei Sakharov Prize This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Top Scientific Organizations Call for Fairer Treatment of Foreign-born Scientists This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Activists Including APA Justice Resist New "Red Scare" 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 The U.S. Constitution protects its people against unreasonable searches and seizures. Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Given our nation’s history of abusing its surveillance authorities and the secrecy surrounding the program, we should be concerned that Section 702 is and will be used to disproportionately target disfavored groups - whether minority communities, political activists, or even journalists. Learn more about FISA The Foreign Intelligence Surveillance Act Growing out of the Watergate scandal when federal resources were used to spy on domestic political and activist groups, The Foreign Intelligence Surveillance Act (FISA) was introduced by Senator Ted Kennedy (D-MA) and signed into law by President Jimmy Carter in 1978. As its title suggests, the law was created to “provide judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the U.S., while maintaining the secrecy needed to protect national security.” Soon after the 9/11 terrorist attacks in 2001, the George W. Bush Administration began a series of questionable secret surveillance practices, including warrantless domestic wiretapping. Major amendments to FISA were subsequently made to legitimize and empower some of these secret operations. FISA was transformed into massive warrantless surveillance programs shrouded in secrecy, and Chinese Americans are disproportionately impacted. FISA Amendments Act of 2008 The FISA Amendments Act of 2008 was enacted in 2008. It added a new Title VII to FISA, authorizing targeting of non-U.S. persons outside the U.S.. Section 702 spells out additional limitations to such surveillance. It was specifically stated that the surveillance must be conducted in a manner consistent with the Fourth Amendment to the United States Constitution . Reauthorization of FISA Amendments Act in 2012 and 2017 President Barack Obama reauthorized the FISA Amendments Act in 2012 for five years before Edward Snowden made astonishing disclosures in 2013 about how the government manipulates its power to conduct secret, warrantless mass surveillance programs on U.S. persons in violation of their constitutional rights. Some of the subsequently known problems such as “about communications,” “backdoor searches,” “parallel construction” and “reverse target” are described in the blog titled “One Asian American’s Perspective on the FISA Amendments Act and Section 702. ” President Trump signed the FISA Amendments Reauthorization Act of 2017 into law. The current authorization will expire on December 31, 2023. Asian Americans Disproportionately Impacted No person of Chinese origin was known to be part of the 9/11 or other terrorist attacks. Section 702 has always been claimed to be a vital tool to combat terrorism since 2008. However, soon after Section 702 became law, the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) declared that economic espionage is a major security threat to the U.S. and started publicity campaigns with China as the major culprit. In May 2017, the Committee of 100 presented a white paper, “Prosecuting ‘Chinese Spies’: An Empirical Analysis of the Economic Espionage Act ” by legal scholar Andrew Kim of South Texas College of Law. Among other disturbing findings, the study showed an immediate spike in prosecutions against Asian Americans in 2008. A series of innocent naturalized Chinese Americans in private industry, federal government, and academia were accused of spying for China, but all of them were subsequently dismissed without an explanation, much less an apology, from the government. Despite the heroic efforts of individuals to defend themselves against all odds, they and their families have already suffered devastating damages in legal expense, emotional trauma, and overall reputation. During the last reauthorization cycle in 2017, APA Justice set up a website APA FISA Watch to track the actions undertaken by the APA Justice Task Force and concerned organizations. Serious Constitutional Issues When the FISA Amendments Act was last due for reauthorization in 2012, little was known about the warrantless, mass surveillance programs because they were shrouded in secrecy. Today, we know that even the FISA court had sharply criticized in its written opinion (declassified in April 2017) that the government reporting efforts were lacking in “institutional candor” and represent “a very serious Fourth Amendment issue.” This same FISA court has approved more than 99.5% of the government’s requests since the enactment of FISA in 1978. FISA and its amendments are not the only laws subject to misuse and abuse by the authorities in the name of national security. The magnitude of their adverse implication and impact has been difficult to assess due to the inherent secrecy and complexity. With what little that has been made public, we know that protection for privacy and civil liberty has been grossly inadequate under FISA and its amendments. The government must not continue to use innocent, law-abiding Asian Americans as “collateral damage ,” convenient scapegoats, or targets of racial profiling without accountability. “Traditional” FISA, which requires lengthy applications to the secret FISA court, was used in fewer than 500 cases last year. Section 702, which doesn’t require individual court orders, can cover orders of magnitude more targets: more than 230,000 in 2021. The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and its surveillance methods as well as its discriminatory targeting of Chinese-American scientists. Learn more Xi v. United States A Warrantless Surveillance Court Battle FOIA Request 245561 to the NIH Days Since FOIA Request Submitted 738 foia2nih_20210802.pdf Download FOIA Request APA Justice submitted a Freedom of Information Act (FOIA) request for records pertaining to the effort by the National Instututes of Health (NIH) to investigate over 500 U.S.-based scientists and researchers believed to have connections to China. The filing date of record is August 9, 2021. The assigned tracking number is 245561. The request covers the following records created on or after January 2011: Records containing statistics or data concerning the race, ethnicity, or national origin of scientists who have been “flagged,” subject to scrutiny, or investigated for their purported foreign ties, or records sufficient to show this information. Records containing statistics or data concerning the number of scientists in each of the following categories who have been “flagged,” subject to scrutiny, or investigated as the result of (a) NIH cooperation with law enforcement agencies; (b) anonymous complaints; and (c) stewardship of NIH program staff, or records sufficient to show this information. Records containing statistics or data concerning the race, ethnicity, or national origin of scientists in each of the following categories who have been “flagged,” subject to scrutiny, or investigated as the result of (a) NIH cooperation with law enforcement agencies; (b) anonymous complaints; and (c) stewardship of NIH program staff, or records sufficient to show this information. Records describing the methods by which individuals subject to NIH scrutiny or investigation were identified for investigation, including but not limited to NIH cooperation with law enforcement agencies, anonymous complaints, and stewardship of NIH program staff. We thank Yale University student Alex Liang for his research and preparation of this FOIA request. NIH Denial and Follow-up Appeal 202302228_ncca_statement_of_condemn_lance_gooden_20232028_final.pdf 2022/05/13 NIH: FOIA Case Number: 56843 2022/05/31 APA Justice: Appeal of FOIA Case Number 56843

Xiaoxing Xi 郗小星 Docket ID: 2:17-cv-02132 District Court, E.D. Pennsylvania Date filed: May 10, 2017 Date ended: Professor Xi Files Appeal to Reinstate Damage Claims Against FBI 2023/06/08 TechDirt: Appeals Court Awards Half A Win To Professor Wrongfully Arrested For Sharing ‘Secret’ Tech With Chinese Entities 2023/05/26 星島日報: 任職天普被誣指中國間諜 華裔教授郗小星獲准告FBI 2023/05/25 NBC News: After being wrongfully accused of spying for China, professor wins appeal to sue the government 2023/05/24 ACLU: ACLU Applauds Court For Allowing Case Challenging FBI’s Wrongful Prosecution of Chinese American Physics Professor To Move Forward Bloomberg Law: Temple Professor’s Claims Revived Over Wrongful Spying Arrest 2022/09/21 Inside Higher Ed: After the China Initiative: Seeking Accountability 2022/09/20 NBC News: A professor falsely accused of spying for China describes the toll it's taken on his family 2022/09/16 Temple News: Temple physics professor defends lawsuit against FBI agent 2022/09/15 Courthouse News Service: Appeals court weighs case over China-born physicist’s wrongful espionage charges 2022/09/14 Oral arguments: https://bit.ly/3dbBD29 (audio 57:09) WHYY: Temple professor continues long legal journey to sue FBI for wrongful prosecution Philadelphia Inquirer: Temple professor falsely accused of spying for China urges court to revive his suit against the FBI Advancing Justice | AAJC: Professor Xiaoxing Xi, Civil Rights Advocates Argue for Freedom from Government Discrimination and Surveillance in Third Circuit Court Asian American Scholar Forum: Asian American Scholar Forum Calls for Justice for Dr. Xiaoxing Xi Ahead of Third Circuit Oral Arguments AsAmNews: Professor accused of spying for China asks court to revisit suit against FBI 2022/02/20 The Daily Campus: SMU AAPASA Denounces FBI’s Racial Targeting of Asian Academics 2022/02/17 AAUP: The AAUP Joins Movement Seeking Justice For Professor Xiaoxing Xi 2022/02/15 Defending Rights & Dissent: DRAD joins amicus brief in Xi v. Haugen; calls on US government to stop discriminating against Asian Americans & immigrants 2022/02/14 American Physical Society: Brief of Amici Curiae American Physical Society, American Association for the Advancement of Science, American Statistical Association, American Geophysical Union, and Gerontological Society of America in Support of Appellants Advancing Justice | AAJC: Advancing Justice - AAJC and Advancing Justice - ALC Amicus Brief in Support of Professor Xiaoxing Xi 2022/02/11 Institute for Justice: Institute for Justice Amicus Brief in support of Professor Xiaoxing Xi 2022/02/10 The Davis Vanguard: Naturalized U.S. Citizen Files Appeal Following Dismissal of Claims Against U.S. Gov’t 2022/02/09 The Daily Pennsylvanian: Temple University Professor Xiaoxing Xi seeks reinstatement of lawsuit against FBI Temple News: Temple professor asks court to reinstate lawsuit against U.S. government 2022/02/07 AP: Temple prof seeks reinstatement of damage claims against FBI 2021/09/24 ACLU: Xi v. Haugen - Plaintiffs' Notice of Appeal 2021/04/02 ACLU: A Chinese American Scientist and His Family Are Battling the FBI’s Profiling in Court ACLU: Federal Court Dismisses Claims in Chinese American Professor’s Lawsuit Challenging FBI’s Baseless Arrest and Prosecution 2018/04/09 ACLU: Xi V. Haugen – Challenge to Warrentless Surveillance Previous Item Next Item

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

Alien Land Bills This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. The numbers Calls per hour 111 Feedback submitted 22 Average feedback per call 21 As of May 28, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few have passed and signed into state law; some have died; others are still pending. State-by-state links to the legislations and a companion map are provided below as community resources. They are collected from multiple sources including research by APA Justice, Advancing Justice | AAJC, Committee of 100, National Agricultural Law Center, Project South, media reports, and crowdsourcing. Due to the dynamic nature of these developments, we plan to update the information periodically. We anticipate the introduction or continuation of alien land and property bills into future state legislative sessions. Title Oct. 4th 2023 Tracking Bills Read More Latest developments

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Newsletter - #283 10/7 Meeting; Firsthand Accounts; Chinese American Survey; McCarthyism; Dr. Min Wu; + #283 10/7 Meeting; Firsthand Accounts; Chinese American Survey; McCarthyism; Dr. Min Wu; + In This Issue #283 · 2024/10/07 APA Justice Monthly Meeting · Firsthand Accounts of the Harmful Effects of the China Initiative · C100 Unveils The 2024 State of Chinese Americans Survey · Dr. Min Wu Recognized with Top Faculty Honor · McCarthyism and the House Un-American Activities Committee · News and Activities for the Communities 2024/10/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, October 7, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , ExecutiveDirector, Congressional Asian Pacific American Caucus (CAPAC) and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: · Grace Meng , Member, U.S. House of Representatives; First Vice-Chair, Congressional Asian Pacific American Caucus · Gene Wu , Texas State Representative · Min Fan , Executive Director, U.S. Heartland China Association 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 . *****U.S. Congresswoman Grace Meng is serving her sixth term in the United States House of Representatives, where she represents New York's Sixth Congressional District. She returns to update us on the current state of Asian Pacific Americans.State Representative Gene Wu serves the people of District 137 in the Texas House. Rep. Gene Wu will urge the community to wake up to the threats of anti-Asian laws at the state and federal level. Min Fan introduced USHCA to us at the February 2024 monthly meeting. She returns to update us on an upcoming hybrid event "China in the Heartland: Building a Balanced Approach" at the University of Kansas, the 4th Annual U.S.-China Agriculture Roundtable in June, and related activities of USHCA. ***** Summary for the September 2024 APA Justice monthly meeting has been posted here: https://bit.ly/3zzWcjR . In addition to Nisha Ramachandran, Joanna YangQing Derman , and Gisela Perez Kusakawa who gave their updates about CAPAC, Advancing Justice | AAJC, and AASF respectively, we thank these invited speakers: · Christine Chen from APIAVote for her discussion to boost voter participation among AA and NHPI, and its efforts to intensify outreach through events, mailings, and phone banking while emphasizing early and mail-in voting, aiming to engage first-time voters, especially in battleground states. · Jane Shim from AALDEF for her discussion of the ongoing case of Dr. Yanping Chen , who is suing the government for leaking her personal information to Fox News , which falsely implied she was spying for China. AALDEF has filed an amicus brief supporting Dr. Chen’s privacy rights, emphasizing the harm caused by irresponsible media reporting and the need to protect Asian Americans from discrimination. · Sandy Shan from Justice Is Global led a discussion on a brief advocating for a progressive U.S.-China policy to replace the current confrontational approach, which fuels xenophobia and geopolitical tensions. Tori Bateman from the Quincy Institute proposes reforms to foster cooperation, address shared challenges, and promote global sustainability, especially during Congress's "China Week." Read past summaries of APA Justice monthly meetings at https://bit.ly/3kxkqxP Firsthand Accounts of the Harmful Effects of the China Initiative On September 25, 2024, the Congressional Asian Pacific American Caucus (CAPAC) posted a video (3:51) on X and Instagram, providing firsthand accounts of the harmful effects of the China Initiative, which "painted academics of Chinese descent as spies for the CCP, leading to the racial profiling and wrongful arrests of innocent researchers." Testimonies were made by Professors Gang Chen , Anming Hu , and Franklin Tao and Hong Peng , Professor Tao's wife. Watch the video on X: https://bit.ly/3zzfwxA and Instagram: https://bit.ly/4eeTHCH C100 Unveils The 2024 State of Chinese Americans Survey On September 25, 2024, the Committee of 100 (C100) unveiled the findings of its 2024 State of Chinese Americans Survey. The survey was conducted to help address the insufficient data necessary to inform and address ongoing discrimination, stereotypes, and misperceptions about Chinese Americans, and the many gaps in knowledge that remain about Chinese Americans’ political attitudes and behaviors.“Understanding the mental health, discrimination and political perspectives of Chinese Americans is essential to create inclusive and informed policies,” said Cindy Tsai , Interim President, Committee of 100. “These insights not only enrich political dialogue but also foster a more equitable society."According to the survey, about three quarters of Chinese American citizens (76%) are certain they will turn out to vote in November’s presidential election. A little less than half of Chinese Americans (46%) identify as Democrats, 31% Republicans, and 24% Independents.Chinese Americans have been targeted in a surge of both popular and policy-driven racism over the last decade. The COVID-19 pandemic precipitated a wave of anti-Asian and anti-Chinese hate across the country that endures at an elevated level, causing lasting and severe financial, social, health, and emotional harm across the Asian American population.Chinese Americans also face discrimination from federal and state policies. Many were falsely accused of espionage under the auspices of the China Initiative, further extending racist stereotypes of the population as perpetual foreigners loyal to Chinese national interests. While the codified racism of the China Initiative formally ended in 2022, many states have recently passed legislation prohibiting U.S. residents with Chinese citizenship from owning property. The Washington Post reported that the survey showed that 68% of Chinese Americans said they face at least one form of discrimination in an average month, while 65% said they think the state of U.S.-China relations negatively impacts how other Americans treat them. The survey also asked about mental health, and 43% of Chinese Americans said they felt depressed. A large majority — 81 percent — of Chinese Americans said they are “at least a little concerned” about rhetoric used by presidential candidates when talking about China or U.S.-China relations, and 61 percent said U.S. news media rhetoric on the subject “negatively affects how strangers treat them,” Read the Washington Post report: https://wapo.st/3XXTUo9 The South China Morning Post reported that nearly six in 10 Chinese Americans reported hearing about legislative efforts by many states and the US Congress to limit individuals who hold Chinese citizenship from owning houses, farmland and other stateside property. Of those who had heard about the legislation, two thirds thought it had a negative effect on how others treated them.“We were surprised at the large percentage of responses when it came to issues of mental health and wellness and how the relationship with the US and China impacts how Chinese-Americans are feeling discriminated against,” said Sam Collitt , a research and data scientist with C100. “We know there are issues related to shame and language barriers that prevent discussions from taking place,” said Collitt, adding that overall Asian Americans were 60 per cent less likely to seek mental health services than other racial groups. Chinese Americans express high levels of concern about the state of U.S.-China relations, the likely sources of poor bilateral relations, and the downstream effects of domestic policy discrimination and discriminatory political rhetoric. Despite this, many Chinese Americans are cautiously optimistic about the ability of the U.S. and China to cooperate on a number of issues. They identified areas where Washington and Beijing could, at the margin, improve ties, including student exchanges and in fighting climate change and infectious diseases.A majority of respondents said being Chinese and being American were very important to their identity.Read the South China Morning Post report: https://bit.ly/4do9g9Y NBC News reported that 54% of Chinese Americans felt that the current relationship between the U.S. and China has had a “somewhat negative” impact on how those of Chinese descent are treated. Another 10% said the current environment had a “very negative” effect on the group. Only about 3% felt that current relations between the two countries had a positive impact on the community. Almost two-thirds think that such contentious relations can affect how other Americans treat them.“Rhetoric and language is impacting relationships with how strangers treat them, acquaintances even treat them, co-workers and colleagues,” said Nathan Chan , a co-author of the study and an assistant professor of political science at Loyola Marymount University. “This is really infiltrating into the lives of everyday Chinese Americans.” Professor Chan pointed to policies like the controversial Trump-era surveillance program the China Initiative and the former president’s language around economic espionage. The “rhetoric is not doing any good for a large swath of Chinese Americans that are then being scapegoated or held under a suspicious lens.” Jo-Ann Yoo , who heads New York City-based Asian American nonprofit Asian American Federation, said that too often, language used by media has been imprecise, leading to “sweeping generalizations” about the Chinese community. Yoo said the study’s results reflect discussions she has heard in the local community. Citing discussions around the land bans and the looming TikTok ban, which was signed into law earlier this year in an effort to combat Chinese influence, Yoo said those in the heavily immigrant community are unsure of their safety amid contentious relations.C100 partnered with NORC at the University of Chicago to reach a sample of 504 Chinese American adults for the survey. Gordon H. Chang , Professor, Stanford University; Daphne Kwok , Vice President, Office of Diversity, Equity & Inclusion, Asian American & Pacific Islander Audience Strategy at AARP; and Jeremy Wu , PhD, Founder and Co-Organizer, APA Justice, serve on the Advisory Committee.Read the NBC News report: https://nbcnews.to/4doBjG2 Additional media reports:2024/09/25 AsAmNews: Belonging and discrimination weigh on Chinese Americans 2024/09/25 Bloomberg: Chinese Americans Face Racism, Mental Health Risks Amid Tensions 2024/09/25 AP: The Latest: Candidates try to counter criticisms in dueling speeches Read the C100 press release: https://bit.ly/47EQCcs , executive summary: https://bit.ly/3TIxPHG , and infographics: https://bit.ly/3N0fRfV Dr. Min Wu Recognized with Top Faculty Honor The University of Maryland (UMD) has selected Min Wu 吴旻 , Professor and Associate Dean of Engineering, as 2024 Distinguished University Professor—the highest appointment bestowed on a tenured faculty member. The title is a recognition not just of excellence, but of impact and significant contributions to the nominee’s field, knowledge, profession, and/or practice.According to the UMD announcement, Dr. Wu holds appointments in UMD’s Department of Electrical and Computer Engineering and Institute for Advanced Computer Studies, as well as leads the UMD Media, Analytics, and Security Team (MAST). She is a Fellow of the IEEE, the American Association for the Advancement of Science (AAAS), and the National Academy of Inventors. Dr. Wu was elected to serve as president of the IEEE Signal Processing Society for 2024–2025, the first woman of color to be elected to this leadership role.Read the UMD announcement: https://bit.ly/4exf4in McCarthyism and the House Un-American Activities Committee According to Wikipedia, the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloyalty and subversive activities on the part of private citizens, public employees, and those organizations suspected of having communist ties. It became a standing (permanent) committee in 1946, and from 1969 onwards it was known as the House Committee on Internal Security. When the House abolished the committee in 1975, its functions were transferred to the House Judiciary Committee.The committee's anti-communist investigations are often associated with McCarthyism, although Joseph McCarthy himself (as a U.S. Senator) had no direct involvement with the House committee. McCarthy was the chairman of the Government Operations Committee and its Permanent Subcommittee on Investigations of the U.S. Senate, not the House.In the wake of the downfall of McCarthy, the prestige of HUAC began a gradual decline in the late 1950s. By 1959, the committee was being denounced by former President Harry S. Truman as the "most un-American thing in the country today".HUAC hearings in August 1966 called to investigate anti-Vietnam War activities were disrupted by hundreds of protesters. The committee faced witnesses who were openly defiant.According to The Harvard Crimson :"In the fifties, the most effective sanction was terror. Almost any publicity from HUAC meant the 'blacklist'. Without a chance to clear his name, a witness would suddenly find himself without friends and without a job. But it is not easy to see how in 1969, a HUAC blacklist could terrorize an SDS activist. Witnesses like Jerry Rubin have openly boasted of their contempt for American institutions. A subpoena from HUAC would be unlikely to scandalize Abbie Hoffman or his friends." In an attempt to reinvent itself, HUAC was renamed the Internal Security Committee in 1969. On January 14, 1975, coinciding with the opening of the 94th Congress, the House Committee on Internal Security was officially disbanded. Its files and staff were subsequently transferred to the House Judiciary Committee on the same day. In July 1995, the National Archives and Records Administration published the Records of The House Un-American Activities Committee, 1945-1969, and The House Internal Security Committee, 1969-1976, which is available online at https://bit.ly/4gGw7Aq .Read Wikipedia on the House Un-American Committee: https://bit.ly/3N23NL1 News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/10/02 C100: Asian American Career Ceiling Initiative2024/10/06 Rep. Gene Wu's Town Hall Meeting2024/10/07 APA Justice Monthly Meeting2024/10/08 Media Training for Election Season2024/10/10 China in the Heartland: Building a Balanced Approach2024/10/11 China and the World Forum2024/10/13 Rep. Gene Wu's Town Hall Meeting2024/10/16 Rebuilding Trust in Science2024/10/20 Rep. Gene Wu's Town Hall Meeting2024/10/25-27 Celebrating the 20th Anniversary of the American Studies NetworkVisit https://bit.ly/3XD61qV for event details. 2. Delaware OKs Asian American Studies and new AAPI commission According to AsAmNews , Delaware Governor John Carney signed two bills into law on September 26, 2024, making his state the seventh in the nation to integrate Asian American and Pacific Islander history into k-12 schools along with all other American histories. The other establishes a statewide Commission on Asian and Pacific Islander Heritage and Culture. Read the AsAmNews report: https://bit.ly/3TOaF2t 3. 2024 National Overview of AANHPI According to a Fact Sheet based on Census Bureau data created by the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) in collaboration with AAPI Data, the Asian American population was estimated to be around 24.2 million, including one race alone or in combination of other races. The top five ethnic groups are Chinese, Asian Indian, Filipino, Vietnamese, and Korean. About 75% are native born or naturalized citizens. The top five most populous states are California, New York, Texas, New Jersey, and Washington. Read the WHIAAPINH Fact Sheet: https://bit.ly/3Nokq45 4. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletters webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF September 30, 2024 Previous Newsletter Next Newsletter

Yanping Chen 陈燕平 Docket ID: 1:18-cv-03074 District Court, D. Columbia Date filed: Dec 21, 2018 DC Circuit Appeals Court Appellate Case 24-5050 Table of Contents Overview 2018/12/21 Complaint Against the Government 2022/10/26 Update on Lawsuit 2023/11/27 Update on Lawsuit 2024/02/29 Contempt Ruling to Present Current State Overview Dr. Yanping Chen is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She became a lawful permanent resident in 1993, and a U.S. citizen in 2001. In 1998, Dr. Chen 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 a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation including searches of her home and office, Dr. Chen was told that no charges will be filed against her in 2016. However, beginning in February 2017, Fox News, in stories led by reporter Catherine Herridge, aired a series of negative reports about Dr. Chen using heavily leaked materials from the FBI investigation. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security. This case is ongoing. 2018/12/21 Complaint Against the Government On December 21, 2018, attorneys for Dr. Yanping Chen filed a civil lawsuit against the Federal Bureau of Investigations (FBI), Department of Justice, Department of Defense, and Department of Homeland Security, collectively the Government. The complaint seeks monetary, injunctive, and declaratory relief to rectify injuries she has suffered as a result of the Government’s illegal and unwarranted public disclosure of her personal information in violation of the Privacy Act. Dr. Yanping Chen is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. Dr. Chen came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University. She became a lawful permanent resident in 1993, and a U.S. citizen in 2001. She is a resident of Virginia. In 1998, Dr. Chen founded the University of Management and Technology (UMT) in Arlington, Virginia, to provide secondary and graduate education to working adults. More than 12,000 students have received degrees in the last 20 years. In 2010, Dr. Chen became the focus of a FBI investigation, which appeared to focus on statements Dr. Chen made on immigration forms concerning her work in the 1980s as a scientist for the Chinese astronaut program. Over six years of overt and covert investigations, including searches of Dr. Chen’s home and office, Dr. Chen was informed that no charges would be filed against her. Beginning in February 2017, Fox News aired a series of negative reports drawing heavily from leaked materials from the FBI investigation, resulting in personal, professional, and financial harm to Dr. Chen. These stories made misleading insinuations to accuse her of spying for China. Congressmembers then pressured the government to end UMT's participation in the Department of Defense tuition assistance program, and the Department of Defense did so in 2018 on "national security grounds." References and Links 2019/12/26 National Law Journal: Suit Claims Federal Agencies Leaked Chinese-American Scientists' Info to Fox News 2018/12/21 Chen v FBI 1:18-cv-03074: (Doc 1) Complaint 2018/12/21 Chen v FBI 1:18-cv-03074: Legal Docket 2022/10/26 Update on Lawsuit The Fox News reporter was identified as Catherine Herridge. She joined the Fox News Channel at its inception in 1996 and left for CBS News to become a senior investigative correspondent in 2019. On April 17, 2019, the Government motioned to dismiss Dr. Chen’s case. On January 27, 2020, U.S. District Court Judge Christopher Cooper denied the Government’s motion to dismiss. On May 11, 2021, Judge Cooper denied a motion by Dr. Chen made on January 22, 2021, to compel the FBI to respond to discovery requests concerning the use of U.S. Army Chief Warrant Officer Stephen Rhoads to help investigate her. Stephen Rhoads frequently communicated with Catherine Herridge in advance of the Fox News publications. The denial of Dr. Chen’s motion was without prejudice to renewal based on future developments. After deposing 18 current and former government employees, Dr. Chen was unable to confirm the sources for the stories. She then moved to seek information about the leak directly from Fox News and Catherine Herridge. References and Links 2021/05/11 Chen v FBI 1:18-cv-03074: (Doc 46) Memorandum and Order 2020/01/27 Chen v FBI 1:18-cv-03074: (Doc 13) Opinion and Order 2019/04/17 Chen v FBI 1:18-cv-03074: (Doc 9-1) Memorandum of Points and Authorities in Support of Government’s motion to Dismiss 2023/11/27 Update on Lawsuit Dr. Chen subpoenaed Fox News and Catherine Herridge to force her to disclose the source of her reports in 2017. On August 8, 2022, Fox News and Catherine Herridge filed motions to quash the subpoena, citing journalists’ First Amendment protections. On May 30, 2023, a hearing was held before Judge Christopher Cooper on the motion. Fox News and Herridge were represented by Patrick Philbin, a former top lawyer from Donald Trump’s White House. On August 1, 2023, Judge Cooper issued a ruling that would force Catherine Herridge to participate in a deposition regarding the identity of her anonymous sources from the 2017 series of stories. “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. In a deposition on September 26, 2023, Catherine Herridge was repeatedly asked about how she obtained the information for her 2017 stories. Herridge declined to answer dozens of such questions. On November 9, 2023, Dr. Chen requested a ruling on Catherine Herridge’s defiance of the Court’s order. References and Links 2023/11/08 CNN: A former Fox News correspondent is refusing to reveal a source. Her fate is now in a judge’s hands 2023/11/07 Chen v FBI 1:18-cv-03074: (Doc 161) Plaintiff Yanping Chen’s Application for an Order to Show Cause Why Non-Party Catherine Herridge Should Not Be Found in Civil Contempt For Defiance of The Court’s August 1, 2023 Order 2023/08/07 Just The News: Judge orders Catherine Herridge to reveal sources for stories on FBI, Chinese American scientist 2023/08/03 Voice of America: US Judge Orders Reporter to Reveal Confidential Sources 2023/08/01 Chen v FBI 1:18-cv-03074: (Doc 140) Memorandum and Order 2023/05/30 Politico: Fox News, backed by Trump White House lawyer, fights subpoena in leak lawsuit 2023/05/30 Court House News: Fox News pushes to quash subpoena that could unmask source 2022/08/08 Chen v FBI 1:18-cv-03074: (Doc 97) Fox News Network, LLC’s Motion to Quash 2022/08/08 Chen v FBI 1:18-cv-03074: (Doc 96-1) Memorandum in Support of Non-party Catherine V. Herridge’s Motion to Quash 2024/02/29 Contempt Ruling Catherine Herridge was among 20 CBS News employees laid-off in February 2024. 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. Judge Cooper 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. Judge Cooper wrote that he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism. But the judge said the court “also has its own role to play in upholding the law and safeguarding judicial authority.” “Herridge and many of her colleagues in the journalism community may disagree with that decision and prefer that a different balance be struck, but she is not permitted to flout a federal court’s order with impunity,” wrote Judge Cooper. On April 1, 2024, Dr. Chen filed a second motion to compel the FBI to specific deposition questions and reproduce specified documents without law-enforcement-privilege redactions. References and Links 2024/07/30 AALDEF: AALDEF files amicus brief in Chinese American scientist’s case against FBI over information leaked to media 2024/04/01 Chen v FBI 1:18-cv-03074: (Doc 197) Plaintiff Yanping Chen’s Second Motion to Compel 2024/02/29 New York Times: Judge Fines Ex-Fox News Reporter for Not Revealing Sources 2024/02/29 Washington Post: Journalist Catherine Herridge held in contempt for not revealing source 2024/02/29 Los Angeles Times: Journalist held in contempt for refusing to reveal sources in Fox News investigation 2024/02/29 AP: Judge holds veteran journalist Catherine Herridge in civil contempt for refusing to divulge source 2024/02/29 Chen v FBI 1:18-cv-03074: (Doc 193) Memorandum and Order 2023/12/08 Washington Post: A CBS reporter refusing to reveal her sources could be held in contempt https:// bit.ly/3WCm06i Current State Catherine Herridge appealed Judge Cooper's ruling. On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations including APA Justice filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addresses issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen. AALDEF also issued a press statement: https://bit.ly/3WCm06i . The U.S. Appeals Court for the District of Columbia Circuit Held a hearing on oral arguments on Herridge's appeal on November 18, 2024 . On September 30, 2025, a three-judge panel of the Appeals Court upheld a contempt finding against former Fox News reporter Catherine Herridge for refusing to reveal the government source who leaked FBI records about Dr. Chen. The court rejected Herridge’s claim of reporter’s privilege, ruling that Dr. Chen had met the legal test by showing the source’s identity was central to her Privacy Act case and that no alternatives remained. Herridge now faces $800 daily fines unless she complies. On November 14, 2025, Herridge filed a petition for a rehearing by the three-judge panel and rehearing en banc by the entire Appeals Court in the DC Circuit. References and Links 2025/11/14 USCA Case #24-5050: Catherine V. Herridge’s Petition for Rehearing and Rehearing en banc 2025/09/30 Courthouse News Service: DC Circuit rejects Fox News reporter effort to duck subpoena over anonymous source 2025/09/30 USCA Case #24-5050: Decision on Yanping Chen v FBI et al 2024/11/18 Yahoo News: Court appears unlikely to spare former Fox News reporter in contempt fight 2024/07/30 AALDEF: AALDEF files amicus brief in Chinese American scientist’s case against FBI over information leaked to media 2024/07/29 USCA Case #24-5050: Brief of Asian American Legal Defense and Education Fund and Asian American Advocacy Organizations as Amici Curiae in Support of Plaintiff-Appellee Previous Item Next Item