Newsletter - #53 Harvard Symposium; Xiaoxing Xi & ACLU Lawsuit; Cato Institute Report; Comment On NIH Due; More #53 Harvard Symposium; Xiaoxing Xi & ACLU Lawsuit; Cato Institute Report; Comment On NIH Due; More Back View PDF April 8, 2021 Previous Newsletter Next Newsletter

Newsletter - #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More Back View PDF January 18, 2021 Previous Newsletter Next Newsletter

Newsletter - #56 Next Webinar; Breaking Report/"China Initiative"; Protect Science/Exaggerated Threat #56 Next Webinar; Breaking Report/"China Initiative"; Protect Science/Exaggerated Threat Back View PDF April 26, 2021 Previous Newsletter Next Newsletter

Newsletter - #237 NAPABA Report; Quincy Institute; Florida SB 864; Ex-FBI Spy Hunter; Section 702 Reform #237 NAPABA Report; Quincy Institute; Florida SB 864; Ex-FBI Spy Hunter; Section 702 Reform In This Issue #237 · Invited Report: Developments on Alien Land Laws in Missouri and Arkansas · The Quincy Institute for Responsible Statecraft · Florida law SB 864 Undercuts US Leadership in Science · Ex-FBI Spy Hunter Sentenced · House Delays Plans on Surveillance Program Reauthorization Vote · News and Activities for the Communities Invited Report: Developments on Alien Land Laws in Missouri and Arkansas The following is an invited report by Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA)"With no signs that the resurgence of foreign ownership legislation introduced in at least 34 states last year is slowing down, the National Asian Pacific American Bar Association (NAPABA) has been following two recent developments in Missouri and Arkansas."In Missouri, Governor Michael Parson issued Executive Order 24-01 in January, which prohibits the acquisition of agricultural land by Chinese, Iranian, Russian, and other citizens from other designated adversarial countries within 10 miles of a military facility. While the text of the Executive Order itself does not mention China by name, the Governor's press release and remarks focused almost exclusively on China: "With heightened concerns regarding ownership of Missouri farm land by foreign adversaries, especially China, we are signing this order to safeguard our military and intelligence assets, prevent security threats to our state, and give Missourians greater peace of mind." The Governor's comments when announcing his Executive Order appeared to be partly in response to legislative proposals that could ban all foreign ownership - including by friendly countries. Governor Parson touted foreign investment by a list of countries including Israel, Sweden, Germany, the UK, and Japan as critical to the state's economy. "In terms of whether there has been evidence that Missouri farmland has been exploited for malign purposes, Governor Parson conceded that, 'While we have had no issues yet, we want to be proactive against any potential threats.' The Governor also remarked that if he had the authority, his ban would go a lot further: 'Believe me, if I had the authority, we wouldn’t just be talking about banning farm land but all commercial properties by foreign adversaries…regardless of rural or urban.' Responding to questions posed during the press conference, Governor Parson clarified that the Executive Order is not retroactive, but the plain language of the order reads, 'no Missouri agricultural land shall be acquired or owned' (emphasis added) by a citizen of a foreign adversary, which may raise some confusion about current owners. NAPABA is not aware of any other states where a governor had taken unilateral executive action to bar Chinese or other citizens from acquiring property without the passage of legislation. "Last fall, Arkansas became the first state (that NAPABA is aware of) to take an enforcement action against a Chinese (or any foreign) property holder under new alien land laws. Attorney General Tim Griffin ordered Northrop King Seed Company, a subsidiary of Swiss company Syngenta (which in 2017 was acquired by state-owned China National Chemical Corporation) to sell its property as it was in violation of state law that bars a 'prohibited foreign-party controlled business' from acquiring or holding land in Arkansas. China is considered a prohibited foreign party. Syngenta was also ordered to pay a $280,000 fine for failing to register with the Arkansas Department of Agriculture on time as a foreign owned entity. In a blistering response, Eric Boeck , President of Syngenta Seeds, United States and Canada called the order, 'a shortsighted public ultimatum that doesn’t have the American farmers, or independent seed companies we serve, best interests at heart,' and vociferously stated that 'the suggestion that China is using Syngenta to purchase land or conduct operations in the U.S. for any purpose other than supporting the company’s commercial business in North America is simply false.' According to both Boeck, and additional industry reporting , Northrop King Seed has owned the land in question, 160 acres in Craighead County, Arkansas since 1988, and the land is primarily used for seed research purposes that are specific to the soil type found in Arkansas, to accrue to the specific benefit of Arkansas farmers." The Committee of 100 tracks federal and state bills prohibiting property ownership by foreign individuals and entities in 2023 legislative sessions at https://bit.ly/3Hxta4B The Quincy Institute for Responsible Statecraft Lora Lumpe , Chief Executive Officer, Quincy Institute for Responsible Statecraft, introduces the Quincy Institute and its plans and activities during the APA Justice monthly meeting on February 5, 2024. Quincy Institute is a relatively new, standard think tank of about 4 years old. It has a global focus. One of its core areas is the US-China relationship. Its founding principle is that the US has come to rely too much on the use of military force. The Institute focuses on promoting an international relations theory called restraint, which calls for a use of force only when vital national interests are at stake. It prioritizes diplomatic solutions.Lora emphasizes the importance of finding positive areas of cooperation between the US and China. Quincy Institute has organized coalition calls and conferences to advocate for a more constructive US-China relationship. Quincy Institute is staffed with experts in US China security relations from a hard security perspective; another focus area for the Quincy Institute is trade, tech, and environment. It is pleased with the recent reinitiation of top-level dialogue, but crisis prevention mechanisms need to go a lot further. In this Congress, there have been about 600 bills initiated, cutting across almost every committee. Almost every one of them is hostile toward China and focuses on a threat or an alleged threat posed by China to US national interests. The Institute aims to foster a constructive relationship. In addition, · Quincy Institute has an online publication called Responsible Statecraft that publishes about a thousand pieces of journalism and analysis a year - some from the staff and some from outside scholars. · Prior to the meeting of Presidents Biden and Xi last November, Quincy Institute organized a coalition call to bring together people from different sectors including academic, national security, climate, farm and agriculture. The coalition called on the two presidents to engage in a more concerted effort to strengthen the bilateral relationship. · The Institute believes that broad sectors of American civil society want a decent workable relationship, and yet so much of what we see in the media, coming out of Congress, and often from the White House, is pointing to China as a threat. Quincy Institute held a half-day long conference with foreignpolicy.com – a main platform for Washington thinkers on US foreign policy to reframe or ask some different questions about the US China relationship, including panels on economy and national security. · On trade and technology, Quincy Institute tries to sharpen the contradiction between the alarmist view or zero sum take and its perspective on cooperation and diplomacy. · Quincy Institute also engages in investigative journalism, frequently looking at the sources of influence in the making of US foreign policy, such as foreign government funding of think tanks as well as corporate funding of think tanks and news outlets, trying to at least raise questions about whether those sources of financial support may in fact be impacting some of the analysis, commentary, and reporting that comes out. · Lora refers to the Quincy Institute website with several pieces of in-depth analyses on the US-Taiwan-China relationship and paths to preventing conflict, pointing to the fundamental need of education on the One-China policy that has played a role in maintaining peace and allowed for the growth and development of Taiwan for the past 45 years. Lora encourages others to view them as allies in promoting a more diplomatic approach to US-China relations and expresses her enthusiasm for collaboration and look forward to working closely with others in the future.Contact Tori Bateman , outreach coordinator, at Tori@quincyinst.org . Visit the Quincy Institute website at https://quincyinst.org/ . Read the partial summary of the February 2024 APA Justice monthly meeting at: https://bit.ly/49mmzXk Florida law SB 864 Undercuts US Leadership in Science According to Science report on " New Florida Law Blocks Chinese Students From Academic Labs ," Florida’s SB 846 hinders and potentially prohibits hiring applicants from China or six other “countries of concern” unless the university obtains a waiver from the state.According to a letter to Science on February 15, 2024, any state’s decision to shut out international scholars will push talented individuals elsewhere, cause delays in existing research efforts, threaten local job growth potential, and endanger US global leadership in research and development.Scientists born outside of the United States have contributed to global understanding and progress as well as to the US economy, society, health, and national security. About 58% of the 72,000 postdoctoral scholars (postdocs) working in the United States are internationals. Having obtained the highest level of education in their fields, many are in their late 20s and 30s and are poised to assume leadership positions across society.Welcoming postdocs from other nations drives innovation and builds stronger research institutions capable of greater accomplishments and economic development. There is no credible evidence of a surplus of domestic-born postdoc scientists and researchers whose career pathways are put at risk by international scholars. Moreover, by turning away the brightest minds from the seven targeted countries, Florida increases the chances that these individuals will instead find opportunities in other countries, including US competitors, a lost opportunity for innovation that could threaten the very national security that SB 846 purports to protect.More than 300 faculty members have signed the petition https://bit.ly/3I3kK5y at the University of Florida that questions the policy and advocates for the freedom to hire top talent regardless of national origin. The National Postdoctoral Association, which supports US postdocs of all nationalities, joins their call. Read the Science letter: https://bit.ly/49F85Sa . Read the Explainer on SB 864 by the Asian American Scholar Forum: https://bit.ly/3UJNdER Ex-FBI Spy Hunter Sentenced According to the Washington Post and AP News , the FBI’s former top spy hunter in New York was sentenced in Washington to 28 months in prison for concealing at least $225,000 in payments he received from a former Albanian intelligence official while working for the bureau.Charles McGonigal will serve his punishment on top of a 50-month prison term he received separately in New York last year for illegally conspiring with a Russian oligarch who wanted to be removed from a U.S. sanctions list.McGonigal, 55, is one of the highest-ranking FBI agents ever convicted of criminal charges. He was special agent in charge of the counterintelligence division of the FBI’s New York City office from 2016 to his retirement in September 2018.McGonigal now has been sentenced to a combined 6½ years behind bars for the two offenses.McGonigal expressed remorse and sorrow for what he called “mistakes,” saying he betrayed the confidence and trust of his loved ones.The judge told McGonigal that it appears he “lost his moral compass” at the end of a distinguished FBI career, when he held one of the highest national security positions in the federal government. She said his remorse seemed genuine.“Unfortunately, it doesn’t repair the damage,” she added.Read the Washington Post report: https://wapo.st/4bHuEHt . Read the AP News report: https://bit.ly/3woUEra House Delays Plans on Surveillance Program Reauthorization Vote According to Roll Call on February 14, 2024, the House shelved plans to hold floor votes this week on a bill to reauthorize a powerful surveillance authority, amid sharp divisions over how far Congress should go in providing privacy protections. The move came shortly after a House Rules Committee meeting on the bill to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA), which revealed there was no clear agreement on a rule to allow floor consideration of amendments.Sharp divisions over privacy protections in Section 702 of FISA remainSection 702 allows the U.S. government to collect digital communications of foreigners located outside the country. But the program has been the subject of lawmaker concern because it also brings in the communications of Americans and allows the FBI to search through the information without a warrant. The agency can search through the data based on a single field, such as an email address.The House Judiciary Committee has advanced one bill, and the House Intelligence Committee has advanced another. Republicans posted a new bill, which more closely resembles the Intelligence Committee bill, for consideration on the floor.Read the Roll Call report: https://bit.ly/4bJI0Dh News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/02/22 Census Bureau: Exploring the Diversity and Growth of the Asian American Population2024/02/27-28 President’s Advisory Commission on AA and NHPIs Meeting and Solicitation for Oral and Written Comments2024/02/28 WHI: Community Engagement Event2024/02/29 CAMDC Deadline for Essay Contest2024/03/03 Rep. Gene Wu's Town Hall Meeting2024/03/04 APA Justice Monthly MeetingVisit https://bit.ly/45KGyga for event details. 2. Census Bureau: Exploring the Diversity and Growth of the Asian American Population WHAT: Exploring the Diversity and Growth of the Asian American Population WHEN: February 22, 2024, 2:00 - 3:00 pm Eastern Time WHERE: Webinar HOST: U.S. Census Bureau SPEAKERS: · Mariecris (Mac) Treece, US Census Bureau · Anh Nguyen, US Census Bureau DESCRIPTION: Did you know there are more than 24 million people who identified as Asian alone or in combination in the 2020 Census? And the largest Asian group, which grew by over 50 percent are Asian Indians. Join us to discover the diverse and growing Asian population. Build your knowledge to paint a local portrait of Asian Americans including where they live, which industry sector they work in, homeownership rates, business ownership, and more. Lastly, we will demonstrate how to access data.census.gov to create an Asian community profile in selected geographies. REGISTRATION: https://bit.ly/3wuJCjR 3. Norman Mineta Statue Unveiled at San Jose Airport According to NBC News on January 25, 2024, the city of San Jose unveiled a new statue at San Jose Mineta International Airport to honor of its namesake Norman Mineta . The statue stands 6 feet tall and is made of bronze. It was funded by Mineta's supporters and commissioned by nonprofit organizations. Mineta was the mayor of San Jose in the 1970s before serving in Congress for 20 years. He later became the U.S. commerce secretary under the Bill Clinton Administration and transportation secretary during the George W. Bush Administration. Mineta passed away in 2022 at the age of 91. Read the NBC News report: https://bit.ly/3wk6McU 4. Memorial Service for Dr. Hwa-Wei Lee On February 17, 2024, a memorial ceremony was held in Florida for Dr. Hwa-Wei Lee 李华伟 , former Chief of the Asian Division at the Library of Congress and Dean Emeritus of Ohio University Libraries. He was 92.During his five-year tenure (2003-2008) at the Library of Congress, Dr. Lee made a lasting impact through his initiatives, including international partnerships that led to the Japanese Rare Book Collection and the Chinese Rare Book Digital Collection. Dr Lee also established the Asian American Pacific Islander Collection with the support of Rep. Mike Honda , former Chair of the Congressional Asian Pacific American Caucus.In 2005, Dr. Lee testified before the U.S.-China Economic and Security Review Commission for a hearing on the status of the Library’s Chinese collection. He was recognized internationally for his contributions to bridging cultures between the United States and many other countries. Dr. Lee was one of the founders and a past president of the Chinese American Librarians Association (CALA). He was honored by CALA in a video paying tribute to his life on June 25, 2013: https://bit.ly/42FiOcZ (17:10) Back View PDF February 19, 2024 Previous Newsletter Next Newsletter

Newsletter - #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper Back View PDF August 12, 2020 Previous Newsletter Next Newsletter

Newsletter - #68 06/23 Webinar On Anming Hu Mistrial; Rep. Ted Lieu Letter To DOJ; Yellow Whistle #68 06/23 Webinar On Anming Hu Mistrial; Rep. Ted Lieu Letter To DOJ; Yellow Whistle Back View PDF June 21, 2021 Previous Newsletter Next Newsletter

Newsletter - #217 11/6 Meeting with Rep. Andy Kim; Call for Action; 10/2 Meeting Summary; 2030 Census; + #217 11/6 Meeting with Rep. Andy Kim; Call for Action; 10/2 Meeting Summary; 2030 Census; + In This Issue #217 · 2023/11/06 APA Justice Monthly Meeting · Call for Action: Sign-on Letter to Congress to Oppose Reauthorization of Section 702 or Make Major Reforms · 2023/10/02 APA Justice Monthly Meeting Summary Posted · What The Next Census in 2030 Could Look Like · News and Activities for the Communities 2023/11/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, November 6, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman , Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers include: · Andy Kim, Member of the U.S. House of Representatives, who has announced his candidacy to run for the Senate seat in New Jersey, will talk about issues and concerns of the people of New Jersey and the nation. · Gene Wu 吳元之, Member of the Texas State House of Representatives on education and coalition building efforts on the alien land bills (and other anti-immigration bills) in Texas and beyond. · Dr. Sergio Lira , Co-Vice President, Texas Multicultural Advocacy Alliance (TMAC); President, Greater Houston, League of United Latin American Citizens (LULAC), on his tireless efforts to grow a multicultural advocacy alliance with the AAPI community in Texas and more. · Cindy Tsai 蔡欣玲, Interim President and Executive Director, Committee of 100 (C100) on recent C100 activities including the community playbook, allyship between marginalized groups, and The Yellow Whistle. · Andy Li, President, API Coalition; President, Civic Leadership USA, on the First National API Elected Officials Summit in San Francisco on November 18-19, immediately following the Asia-Pacific Economic Corporation (APEC) Leaders’ Summit and CEO Summit. 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 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org Meet and Know Congressman Andy Kim In the aftermath of the riots on the U.S. Capitol in January 2021, a Congressman crouched down on his knees and filled trash bags with debris in a near empty rotunda and then the adjacent rooms, including the National Statuary Hall and the Capitol crypt downstairs. It was Congressman Andy Kim in the blue jacket. According to NBC News , many people labeled Andy a “true patriot.” While Andy said he didn’t dwell much on the symbolic heft of his actions, the term was on his mind. “I feel blessed to have this opportunity as a son of immigrants to be able to serve in Congress,” he said. “Democracy to me is this place of opportunity that is affording me a chance to do something extraordinary.”In 2018, Andy became the first Asian American to represent New Jersey in Congress.Six months after his cleaning up the U.S. Capitol at midnight following the January 6 insurrection, Andy gave up the blue suit he wore on that day for public good again - this time for the Smithsonian Institution as part of its collection of items from the riot. “This suit of mine that’s with the Smithsonian now is not because of some high achievement that I've reached in this country. It was because I unfortunately was at the site of one of the most tragic events in our American democracy,” Andy, the son of Korean immigrants, said. “The values it tries to bring about are very much ones that are rooted in my immigrant family. Having humility, having respect for this country that gave us the opportunities that we've had.”He added: “I hope other Asian Americans see in that suit the same thing that I see, which is, hope for the kind of future in this country that many of us either immigrated to this country for, or grew up in this country with.”Andy talked to APA Justice at its September 2021 monthly meeting. A summary of his remarks is posted here: https://bit.ly/3kg687M . His talk starts at the 15:07 of this video: https://bit.ly/3ki3jmI We warmly welcome the return of Congressman Andy Kim to speak at the APA Justice monthly meeting on November 6, 2023. Call for Action: Sign-on Letter to Congress to Oppose Reauthorization of Section 702 or Make Major Reforms In partnership with American Civil Liberties Union (ACLU), APA Justice calls for concerned individuals to sign on a letter calling for the end of Section 702 of the Foreign Intelligence Surveillance Act (FISA) unless there is fundamental reform to the law. Current authority for Section 702 will expire on December 31, 2023.Concerned individuals may complete and submit the letter electronically at https://bit.ly/3EFkg3R . You have the option to add a personal message in the text box. The online form will require you to fill in your name and address. It will automatically send the letter to your two senators and one representative. It is that easy. Chinese for Affirmative Action (CAA) and Stop AAPI Hate, Advancing Justice | AAJC, and Asian American Scholar Forum (AASF) led a coalition of over 60 organizations and sent a compelling message https://bit.ly/3LkEmnt to Congress: Reform Section 702 . The coalition also produced a fact sheet https://bit.ly/49cRF3L to explain what Section 702 is and how warrantless surveillance has inflicted serious harm to marginalized communities including Chinese Americans."Asian Americans have a history of being subjected to racial profiling and discrimination, often rooted in stereotypes and misconceptions. Authorities like Section 702 that lack proper oversight and targeting criteria can exacerbate these issues, leading to unjust scrutiny of innocent individuals within the Asian American and AMEMSA communities," the fact sheet said. Concerned organizations are urged to sign on to the coalition letter by contacting Andy Wong andywong@caasf.org , CAA Managing Director of Advocacy, and Joanna Derman jderman@advancingjustice-aajc.org , Program Director at Advancing Justice | AAJC.Concerned individual will now have a chance to express their opposition to reauthorization of Section 702 without comprehensive reforms. APA Justice urges you to sign on to the ACLU letter today at https://bit.ly/3EFkg3R and include references to the coalition letter https://bit.ly/3LkEmnt and fact sheet https://bit.ly/49cRF3L . 2023/10/02 APA Justice Monthly Meeting Summary Posted The October 2, 2023, APA Justice monthly meeting summary is now available at https://bit.ly/40gnN2q . We thank the following speakers for their updates and discussions: · Casey Lee casey.lee@mail.house.gov , Policy Advisor, Congressional Asian Pacific American Caucus (CAPAC) substituted for Nisha Ramachandran nisha.ramachandran@mail.house.gov , Executive Director, CAPAC, and provided updates from CAPAC. · Joanna Derman, Director, Anti-Profiling, Civil Rights & National Security Program, will be reporting on behalf of Advancing Justice | AAJC going forward. She reported on two events - one titled “ Total Information Awareness: The High Costs of Post-9/11 U.S. Mass Surveillance ” at Brown University and the other a webinar titled “ State Legislatures 101 – How They Work and How You Can Make an Impact .” · Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org reported on an upcoming launch of a new AASF website and its first 2022 to 2023 annual report, listening sessions with federal agencies, and the upcoming release of educational materials on Dr. Xiaoxing Xi 's case and Section 702 warrantless surveillance. Gisela also reported on AASF partnership with US-Asia Law Institute of NYU Law School, an upcoming session with Drs. Gang Chen and Xiaoxing Xi at the NAPABA conference, and an event at the Georgetown Law Center on combating the rise of anti-Asian bias in America. · Clay Zhu 朱可亮, Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 reported on the recent developments of the Florida alien land bill lawsuit, as well as a webinar with Florida state legislators hosted by the Florida Asian American Justice Alliance (FAAJA). · Nancy Chen, Founding President, Chinese American Women in Action (CAWA) provided a report on her vast experience as Regional Administrator of the Women’s Bureau, U.S. Department of Labor; Director of U.S. Senator Paul Simon ’s Chicago Office; and Director of Asian-Pacific American Outreach at President Bill Clinton ’s White House Office of Presidential Personnel. After her retirement, Nancy founded CAWA and continues to stay involved in matters of importance to the community in Naperville, Illinois, and the nation. APA Justice will assist Nancy to organize a town hall meeting for Rep. Bill Foster on specific issues such as alien land laws and other laws and policies would have the impact on Asian Americans. Rep. Foster is the only Ph.D. Physicist in Congress. · Andy Wong, Managing Director of Advocacy, Chinese for Affirmative Action (CAA), reported on the delivery of a coalition letter to Congress in partnership with Asian Americans Advancing Justice | AAJC and AASF to express the collective opposition to the reauthorization of section 702 unless there are comprehensive reforms. CAA and Stop AAPI Hate have also launched the Stop the Blame campaign in response to the ongoing rise of anti-Asian political rhetoric and legislation which is harming innocent Asian Americans and immigrants. · Haipei Shue 薛海培, President, United Chinese Americans, reported on the Appeals Curt hearing of Professor Franklin Tao 陶丰 in Denver and the administrative trial of New York Police Department Officer Baimadajie Angwang 昂旺 in New York City. Read the 10/2 meeting summary: https://bit.ly/40gnN2q . Read past monthly meeting summaries: https://bit.ly/3kxkqxP What The Next Census in 2030 Could Look Like On October 28, 2023, the New York Times reported on how census categories for race and ethnicity have evolved over the last 230 years and how they have shaped American identities. By sifting through copies of each decennial census from 1790 through 2020, the report found that almost none of them categorized race in the exact same way. Each change indicated an incremental shift in how the nation perceived racial and ethnic identities at that time. The first census in 1790 separated free “white” people from other free people and enslaved people. In 1890, the census identified African Americans by the fraction of their African heritage: “Black,” “mulatto,” “quadroon” and “octoroon.” These terms stamped in old documents are a stark reminder of U.S. history. The antiquated term “Negro” was used in nine decennial censuses until 2010.Some of the changes reflected the country’s anxieties over immigration. For example, the government added the category “Chinese” in the 1870 census, after many immigrants from China had come as railroad workers and anxieties over immigration from China rose. With the year 1970 came a significant shift in the census, when people were allowed to choose their race, rather than having a census taker do so. The census is now a marker of self-identification instead of an outsider’s perception. With 24 decennial censuses so far, race options have changed more than a dozen times, as new groups have been added and others deleted.The latest overhaul would allow more race and ethnicity options for people to describe themselves than the 2020 census did. One of the biggest changes would be to combine race and ethnicity into a single question. “Hispanic or Latino” would become one of seven race and/or ethnicity options, rather than in a separate origin question as it is now. A check box for “Middle Eastern or North African” would also be added. If approved, the new forms would be adopted across all surveys in the country about health, education and the economy. The Biden administration’s Office of Management and Budget has asked for feedback on this plan, which it could implement and add to all federal forms as early as next summer and then be used for the 2030 census. Read the New York Times report: https://nyti.ms/46Yng84 . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/11/01 Asia Society - A Conversation with Gary Locke 2023/11/02 Chinese American Museum - Saving America's Chinatowns2023/11/05 Rep. Gene Wu's Weekly Town Hall Meeting2023/11/06 APA Justice November 2023 Monthly Meeting2023/11/09-12 NAPABA Convention2023/11/11 Association of Chinese Professionals 2023 MetroConVisit https://bit.ly/45KGyga for event details. 2. Nomination of Dr. Monica Bertagnolli Advances The Senate Health, Education, Labor and Pensions (HELP) Committee advanced the nomination of Monica Bertagnolli to lead the National Institutes of Health by a vote of 15-6, with ranking member Bill Cassidy , R-La., voting for President Joe Biden ’s nominee and Chairman Bernie Sanders , I-Vt., opposing it. Watch the HELP Committee proceedings: https://bit.ly/479cYBx Back View PDF October 31, 2023 Previous Newsletter Next Newsletter

Newsletter - #174 4/3 Meeting; Texas SB 147; NYT Editorial; Arati Prabhakar; New Bills; Community News #174 4/3 Meeting; Texas SB 147; NYT Editorial; Arati Prabhakar; New Bills; Community News In This Issue #174 2023/04/03 APA Justice Monthly Meeting Opposing Texas SB 147 and Related Discriminatory Bills New York Times Editorial: "Who Benefits From Confrontation With China?" Disturbing Science Interview with OSTP Director Arati Prabhakar Two New Bills on TikTok and Beyond: The DATA Act and RESTRICT Act News and Activities for the Communities 2023/04/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, April 3, 2023, starting at 1:55 pm ET. Confirmed speakers include: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC Gisela Kusakawa , Executive Director, Asian American Scholar Forum Robert Underwood, Member, President's Advisory Commission on AANHPI; Former President, University of Guam; former Chair, CAPAC; Co-Chair of the United States Institute of Peace China-Freely Associated States Senior Study Group John Liu 刘醇逸 , Senator, New York State Senate Paula Williams Madison, Former Print and TV Journalist, Retired NBCUniversal Executive and GE Company Officer, Former Vice President of the Los Angeles Police Commission and Owner of The Africa Channel 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 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Opposing Texas SB 147 and Related Discriminatory Bills The UCA Action, a sister organization of the United Chinese Americans (UCA), is launching a media campaign against Texas Senate Bill 147 and other discriminatory bills in Texas. This campaign will soon come to the other states where similar bills have been introduced. According to UCA Action, this is a defining moment for our community as we seek equal protections under the law. This is an opportunity to join the Chinese American civil rights movement. The future of our community depends on each and every one of us rising up to this historic challenge. Visit the UCA Action website at: http://bit.ly/3G60QGg Federal Level of Texas SB147. On March 30, 2023, Senator Tom Cotton (R-Arkansas), along with Senator Katie Britt (R-Alabama), introduced the Not One More Inch or Acre Act , legislation. The bill prohibits the purchase of public or private real estate by any Chinese citizen, Chinese Communist Party (CCP) entity, or CCP agent. It is essentially a federal version of Texas SB 147. New York Times Editorial: "Who Benefits From Confrontation With China?" According to an editorial published by the Editorial Board of the New York Times on March 11, 2023, America’s increasingly confrontational posture toward China is a significant shift in U.S. foreign policy that warrants greater scrutiny and debate.For most of the past half-century, the United States sought to reshape China through economic and diplomatic engagement. The Biden administration, by contrast, has shelved the idea that China can be changed in favor of the hope that it can be checked.The White House has moved to limit economic ties with China, to limit China’s access to technology with military applications, to pull back from international institutions where the United States has long sought to engage China and to strengthen ties with China’s neighbors. In recent months, the United States has restricted semiconductor exports to China, and it moved ahead with plans to help Australia obtain nuclear submarines. The administration also is seeking to impose new restrictions on American investments in certain Chinese companies. In treating China as a growing threat to American interests, it is acting with broad support, including from leading Republicans, much of the military and foreign policy establishments, and a growing portion of the business community.It is true that engagement with China has yielded less than its proponents hoped and prophesied. China also is demonstrating a greater willingness to engage in worrying provocations and sailing a balloon over the United States. Yet the relationship between the United States and China, for all its problems, continues to deliver substantial economic benefits to the residents of both countries and to the rest of the world. Moreover, because the two nations are tied together by millions of normal and peaceful interactions every day, there is a substantial incentive to maintain those ties and a basis for working together on shared problems like climate change. Americans’ interests are best served by emphasizing competition with China while minimizing confrontation. Chinese actions and rhetoric also need to be kept in perspective. By the standards of superpowers, China remains a homebody. Its foreign engagements remain primarily economic. China has been playing a much more active role in international affairs in recent years, but China continues to show strikingly little interest in persuading other nations to adopt its social and political values.There are also signs that China’s leaders are not united in supporting a more confrontational posture. It behooves the United States to reassure those who may be open to reassurance. America and China are struggling with many of the same challenges: how to ensure what President Xi Jinping has termed “common prosperity” in an age of income inequality; how to rein in the worst excesses of capitalism without losing its vital creative forces; how to care for an aging population and young people who want more out of life than work; how to slow the pace of climate change and to manage its disruptive impacts, including mass migration.The core of America’s China strategy, building stronger relationships with our allies, is sound policy. Over time, the United States ought to seek a greater alignment between its economic interests and other national goals. But the United States should not pull back from forums where it has long engaged China. Declining to support the World Trade Organization is a mistake. The construction of a rules-based international order, in which America played the leading role, was one of the most important achievements of the 20th century. It cannot be preserved if the United States does not continue to participate in those institutions. The Biden administration’s continuation of Trump-era restrictions on trade with China, and its imposition of a host of new restrictions, is also a dubious strategy.The confrontational turn also makes it harder for the United States and China to cooperate on addressing climate change and on other issues where national interests could plausibly align.Much of the shift in China policy has been justified as necessary for national defense. National security considerations can provide a legitimate rationale for limiting some types of trade with China. But it can also provide a legitimizing vocabulary for protectionist measures that are not in the interest of Americans. In the long term, the best guarantee of American security has always been American prosperity and engagement with the rest of the world.That’s true for China, too.Read the New York Times editorial: https://nyti.ms/3K2svJm 2003 Academy Award-Winning Best Documentary - The Fog of War THE FOG OF WAR is the story of America as seen through the eyes of the former Secretary of Defense, under President John Kennedy and President Lyndon Johnson , Robert S. McNamara . McNamara was one of the most controversial and influential political figures of the 20th century. In the documentary, he offered a candid and intimate journey through some of the most seminal events in American history. As leader of the world's most powerful military force during one of this nation's volatile periods, McNamara offers new and often surprising insights into the 1945 bombing of Tokyo, the Cuban Missile Crisis, and the effects of the Vietnam War. THE FOG OF WAR won the Academy Award for Best Documentary Feature in 2003 In a preview of the documentary, McNamara was asked, "have you ever been wrong, sir?" At the end of the preview, McNamara said, "we saw Vietnam as an element of the Cold War, not what they saw it as a civil war. We were wrong." Watch the preview of THE FOG OF WAR: https://imdb.to/3JTpsED Disturbing Science Interview with OSTP Director Arati Prabhakar Arati Prabhakar was confirmed by the Senate to serve as the Director of the White House Office of Science and Technology (OSTP) on October 3, 2022. According to a report by Science on March 28, 2023, she laid out her vision for the $700-billion-a-year enterprise in her first extended media interview on March 24, 2023.The daughter of Indian immigrants who came to the United States when she was 3 years old, Prabhakar flagged a more diverse scientific workforce as another essential ingredient. But Prabhakar offered no olive branch to those scientists of Chinese ancestry who feel the U.S. government has unfairly targeted them in seeking to thwart China’s efforts to overtake the United States in science and innovation.Earlier on March 23, 2023, Science reported that the National Institutes of Health (NIH) conducted its own version of the “China initiative” and has upended hundreds of lives and destroyed scores of academic careers. Michael Lauer , NIH Deputy Director for Extramural Research, led the NIH "China Initiative." He has also been a Co-Chair of the National Science and Technology Council's Subcommittee on Research Security, working closely with OSTP for the past two plus years.Also on March 23, 2023, a Science editorial called for the federal government to account for NIH's xenophobic program to harm Chinese scientists and cut off international scientific cooperation.In the original excerpt from the Science interview with Arati Prabhakar: Q: Do you think that Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed some kind of apology from the government? A: I’m not in a position to comment on that. I don’t know enough about it. I don’t think it’s our role to determine precisely what happened in the past. … But the world has changed, and [China] has taken actions that are very concerning. And it’s very much our role to find a path forward for research security, one that treats people with respect but that also wrestles with this very tough issue. The subsequent revised excerpts from the Science interview with Arati Prabhakar: Q: Anything new on research security? A: It is one of the hardest issues that everyone is grappling with right now … because of the changes that have happened in the world, the competition that we’re in, and clear actions [by China] that are concerning. And there’s no place for xenophobia and people have to be treated fairly. Q: In that regard, do you think Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed some kind of apology from the government? A: I’m not in a position to comment on that. I don’t know enough about [specific cases]. I don’t think it’s OSTP’s role to determine precisely what happened in the past. … [But] it’s very much our role to find a path forward for research security, one that treats people with respect but that also wrestles with this very tough issue. And we’re doing that work, because I think it has to get done. Note by Science: Update, 29 March, 5:10 p.m.: This story has been revised to include additional comments by Arati Prabhakar on research security and to clarify her response to a question about how Chinese-born scientists have been treated. For the many Chinese-born scientists who have been unfairly persecuted, their past sufferings are still their present and future that must not be ignored.Read the Science report: https://bit.ly/40rTbu3 Two New Bills on TikTok and Beyond: The DATA Act and RESTRICT Act According to a report by Lawfare on March 23, 2023, on February 24, Rep. Michael McCaul (R-Texas) introduced the Deterring America’s Technological Adversaries (DATA) Act , which would provide the president with more authorities to block transactions associated with the import or export of Americans’ “sensitive data” where there are national security risks. The bill quoted previous, public comments from FBI Director Christopher Wray , Director of National Intelligence Avril Haines , and CIA Director Bill Burns that they believe TikTok presents national security risks to the United States. On March 1, 2023, the American Civil Liberties Union (ACLU) condemned the DATA Act, due to First Amendment concerns. Jenna Leventoff , senior policy counsel at ACLU, issued the following statement: “We’re disappointed that the House Foreign Affairs Committee voted to approve a bill that would effectively ban TikTok in the United States, in violation of Americans’ First Amendment rights. We urge legislators to vote no on this vague, overbroad, and unconstitutional bill.”On March 7, Sen. Mark Warner (D-Va.) and Sen. John Thune (R-S.D.), along with 10 other senators, introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act . It would authorize the secretary of commerce to review and prohibit certain transactions between persons in the U.S. and foreign adversaries, focused on information and communications technologies (ICTs) that pose risks to U.S. national security—put simply, investigating tech products and services that could pose national security risks. The bill did not name TikTok specifically, but it was clearly one of the companies in mind when the bill was written. According to a press release by ACLU on March 7, 2023, the RESTRICT Act would significantly expand the Executive Branch’s power to control what apps and technologies Americans can access, while limiting Americans’ ability to challenge those actions in court. It would also impose civil and criminal penalties for violating bans imposed pursuant to the legislation, which could be used against people attempting to evade a TikTok ban. Jenna Leventoff said in the press release, “the Senate bill would ultimately allow the Commerce Secretary to ban entire communications platforms, which would have profound implications for our constitutional right to free speech. If the Secretary uses this newfound power to ban TikTok or other communications platforms without evidence of overwhelming, imminent harm, it would violate our right to freedom of expression.”Read the Lawfare report: http://bit.ly/3ZqsaG1 1 . Republican Senator Rand Paul blocks bid to ban Chinese-owned TikTok . According to a report by Reuters on March 29, 2023, U.S. Republican Senator Rand Paul blocked a bid to fast-track a ban of popular Chinese-owned social media app TikTok, which more than 150 million Americans use, citing concerns about free speech and uneven treatment of social media companies."I think we should beware of those who use fear to coax Americans to relinquish our liberties," Paul said on the Senate floor. "Every accusation of data gathering that has been attributed to TikTok could also be attributed to domestic big tech companies.""If Republicans want to continuously lose elections for a generation they should pass this bill to ban TikTok -- a social media app used by 150 million people, primarily young Americans," Paul said on the Senate floor. "Do we really want to emulate Chinese speech bans?... We're going to be just like China and ban speech we're afraid of?" A small but growing number of Democrats and Republicans have raised concerns, citing free speech and other issues and have objected to legislation targeting TikTok as overly broad.Read the Reuters report: https://reut.rs/3nB8FNZ 2 . TikTok creators, some U.S. Democratic lawmakers oppose ban on app. According to a report by Reuters on March 22, 2023, TikTok creators and three U.S. Democratic Party lawmakers said they opposed any potential ban on the Chinese-owned short video sharing app that is used by more than 150 million Americans.Representatives Jamaal Bowman , Mark Pocan and Robert Garcia and TikTok creators called at a press conference in Washington for broad-based privacy legislation that would address all large social media companies. "Why the hysteria and the panic and the targeting of TikTok?" Bowman asked. "Let's do the right thing here - comprehensive social media reform as it relates to privacy and security." Creators talked about posting videos of baking cakes or selling greeting cards to TikTok followers. Some held up signs saying TikTok benefits small businesses. TikTok says 5 million businesses use the app.TikTok creator Jason Linton uses TikTok to share videos of his three adopted children in Oklahoma and has interacted with people around the world. "I am asking our politicians - don't take away the community that we've all built - a community that lasts, that loves," Linton said at the press conference. Pocan said a "xenophobic witch hunt" is motivating some in Congress to seek a TikTok ban. "Banning TikTok isn't the answer. Making sure Americans data is safe is," he said.Senator Ed Markey , a Democrat, said on the Senate floor that TikTok is a threat that needs to be addressed but it is not the only surveillance threat to young people. That position "is deliberately missing the Big Tech forest for the TikTok trees." Read the Reuters report: https://reut.rs/3TZoc67 News and Activities for the Communities On March 21, 2023, the 1882 Foundation presented The Summit Tunnel: Diversity and Pride in Building the American Nation, a film screening and reception event featuring film screenings and discussions with subject matter experts on the Summit Tunnel, a historic part of the Transcontinental Railroad constructed through the Sierra Nevada mountains by largely unrecognized Chinese workers. The Summit Tunnel is a critical cultural and historical site to Chinese Americans, but is threatened by graffiti defacement and a lack of preservation. Watch the video: https://bit.ly/3TXgJV8 (1:19:49) 2. The Data Delusion. On March 27, the New Yorker published a report on The Data Delusion. Jill Lepore , Professor of History at Harvard University, asks “What’s the price to humanity of uploading everything anyone has ever known onto a worldwide network of tens of millions or billions of machines and training them to learn from it to produce new knowledge?” The report goes through the history of data science, and examines the ways that humans have been collecting information—long before A.I. became the latest obsession. Even modern tools, with their bits and bytes of magic, have limits. It explores how ambitious endeavors in the field may eventually underwhelm us, and surveys the genius and folly of modern innovators. It turns out there is plenty of value left in older forms of knowledge. No one, after all, wants to sound like the disgraced cryptocurrency investor Sam Bankman-Fried, who declared in an interview last year, “I would never read a book.” Read the New Yorker report: http://bit.ly/3zluqUr 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 1, 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 - #207 9/11 Meeting; AI, Civil Rights, Equity, Innovation; Franklin Tao, UNC Shooting; More News #207 9/11 Meeting; AI, Civil Rights, Equity, Innovation; Franklin Tao, UNC Shooting; More News In This Issue #207 2023/09/11 APA Justice Monthly Meeting Artificial Intelligence (AI), Civil Rights, Equity, and Innovation Tenth Circuit Court To Hear Appeal of Professor Franklin Tao 陶丰 Statements and Media Reports on UNC Shooting News and Activities for The Communities 2023/09/11 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, September 11, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, confirmed speakers to cover the renewal of the US-China Science and Technology Agreement are: Deborah Seligsohn , Senior Associate (non-resident), Center for Strategic and International Studies; Assistant Professor, Villanova University https://bit.ly/3OMc8En Steve Kivelson , Prabhu Goel Family Professor of Physics, Stanford University https://bit.ly/44xTNPX Sudip Parikh , Chief Executive Officer, American Association for the Advancement of Science (AAAS) and Executive Publisher, Science Family of Journals Ting Wu , Advisor, Asian American, Native Hawaiian and Pacific Islander, Office of the Chief of Staff, The White House 1. Committee of 100 Letter to the President On September 6, 2023, Gary Locke , Chair of the Committee of 100 (C100), wrote to President Joe Biden urging him to renew for another five years the Agreement between the Government of the United States of America and the Government of the PRC on Cooperation in Science and Technology (STA). "The STA offers the United States significant benefits to advance scientific progress in many fields and in people-to-people exchanges, and it presents minimal risks to American national security," the letter said. "Committee of 100 believes renewing the STA for another five-year term will enhance American scientific and technological achievement and promote U.S. leadership in open and transparent scientific cooperation globally. Conversely, Committee of 100 argues that allowing the STA to expire would disrupt mutually beneficial scientific exchange and disrupt peaceful people-to-people ties between the U.S. and the PRC. For these reasons, Committee of 100 urges you and your Administration to renew the STA with whatever additional safeguards your national security advisors deem appropriate and not simply to abandon this proven framework for constructive bilateral engagement."Gary Locke is also former U.S. Ambassador to the People’s Republic of China (PRC), former U.S. Secretary of Commerce, and a former college president. Read the C100 letter at: https://bit.ly/3sJD1R0 2. National Academy of Sciences (NAS) Members' Update: China! In a recent Members' Update, NAS President Marcia McNutt reported that "[m]embers have expressed concern about the deteriorating relationship between the U.S. and China, pointing out that this partnership has resulted in extensive collaborations, joint research projects, and mutual contributions to global scientific knowledge."The National Academy of Sciences has promoted engagement with China since Frank Press' presidency in the 1980s. More recently, I had the honor of co-chairing the first Chinese-American Frontiers of Science symposia, which brought young researchers from both nations together to discuss forefront research and build relationships."Although there have been bumps in the road in our relationship with China, one could well argue that a U.S. position that focuses on de-risking does not fully account for the risks to the U.S., our science, and innovation of pursuing a one-size-fits-all approach towards China. For example, we have seen how policies such as the so-called 'China Initiative' have resulted in many Chinese-American researchers' feeling persecuted and afraid for their safety."To be sure, there are several real concerns related to the actions of China's leadership around the world, and some important issues related to intellectual property, research security, and research misconduct must be addressed. Understanding the nature and implication of these threats requires dialogue among the many stakeholders, and the NAS is leading these discussions. At the same time, we need to identify productive ways to maintain connections between the U.S. and China, especially in mutually beneficial areas. The bilateral science and technology cooperation agreement between the U.S. and China was temporarily renewed last week for six months, but its long-term fate in uncertain."The United States has the most dynamic innovation economy in the world. Our country has benefitted over the centuries from our ability to assess the talent and ideas being developed around the world. At a time when more and more science is being produced outside the U.S., the nation is handicapping itself by restricting these collaborations. NAS will continue to engage with policy makers to listen to their concerns with engagement, while highlighting to them the benefit of such connections for fostering a healthy U.S. science and innovation ecosystem." Artificial Intelligence (AI), Civil Rights, Equity, and Innovation 1. First look: Civil rights group starts center to monitor AI for hate speech According to Axios on September 7, 2023, The Leadership Conference on Civil & Human Rights (LCCHR), one of the nation's largest and oldest civil rights coalitions, is launching a Center for Civil Rights and Technology to investigate how artificial intelligence (AI) affects civil rights, fosters racism, and spreads bigotry. The center comes amid rising concern that AI may fuel racism and more antisemitism in the U.S. by amplifying bias from human-generated content on the internet.The center will monitor legislation and regulations on AI and other emerging technologies and assess how those will impact civil and human rights. The center also will publish papers and policy positions, and support active civic conversations about generative AI.Because AI models learn to complete sentences by analyzing enormous quantities of text created by people, usually on the internet, they pick up bias embedded in both the digital environment and broader society."Hate has had a very comfortable home on our social media platforms. And it has been given cover by, sadly, sometimes, by leaders that have every ability to disrupt that," LCCHR president and CEO Maya Wiley said. An advisory group of experts and civil rights organizations will advise the center, including Alondra Nelson , Acting Director of the White House Office of Science and Technology Policy (OSTP) under the Biden Administration.Read the Axios report: https://bit.ly/467vI3F 2. Embed equity throughout innovation According to a Science editorial on September 7, 2023, the social benefit of technologies is frequently unevenly realized across the United States. Rural communities, individuals with disabilities, and historically marginalized groups face out-of-reach costs or lack access to products that meet their needs. Blame is typically placed on complicated regulatory processes or complex delivery systems, but this response neglects the problem that equity is not baked into the nation’s innovation process at any stage. The United States needs to rethink its entire innovation ecosystem to incorporate equity as a foundational guiding principle—from research design and funding requirements to policies and regulations that govern the delivery and oversight of new products to the public.Development of new technologies and products in the United States benefits from a governance framework that optimizes fairness and opportunity for creators and investors while prioritizing the safety and autonomy of end users. Equity is typically an afterthought, usually arising after unfair public outcomes are recognized. Given the recent remarkable pace of progress across all scientific disciplines, there is an urgent need to incorporate equity considerations throughout the innovation life cycle. Consider, for example, the increasing use of artificial intelligence (AI) and machine learning in health care. Lack of diversity in the workforce and in the geographic distribution of innovation centers reduces the range of perspectives that shape research in this field. Nonrepresentative and discriminatory data sets and poor selection of proxy outcomes measures lead to biased algorithms that skew machine learning and adversely affect AI platforms that influence decision-making. Although efforts are underway to advance the ethical use of AI, a fundamental cultural shift is needed to fully integrate equity in this field and in many others.Embedding these values in innovation means accounting for equity at each stage, from idea conception to technology and product development, evaluation, monitoring, and iterative learning and improvement.A diverse community of users and creators should join traditional stakeholders to rethink governance strategies and incentives. Equitable innovation will require creative steps and new practices, such as engaging with underserved and marginalized communities at each stage of the innovation life cycle. This will ensure that these groups are not only consulted during research but also have opportunities to substantively lead and engage in innovation partnerships. If 21st-century innovation is to reflect social needs and improve the well-being of the entire public, then it will require a strong vision activated by a coalition of public and private partners that embrace an equity-centric approach at every stage.Authors of the Science editorial: Keith A. Wailoo , Henry Putnam University Professor of History and Public Affairs, Princeton University. Victor J. Dzau , President of the National Academy of Medicine. Keith R. Yamamoto , Vice Chancellor for Science Policy and Strategy and Director of Precision Medicine at the University of California, San Francisco; President, the American Association for the Advancement of Science (AAAS) Read the Science editorial: https://bit.ly/44HfqO4 Tenth Circuit Court To Hear Appeal of Professor Franklin Tao 陶丰 Professor Feng "Franklin" Tao 陶丰 of University of Kansas (KU) was the first academic to be indicted under the now-defunct "China Initiative." Of the ten charges against him by the government, nine were dropped or dismissed. He was convicted by jury of one count of making a false statement. U.S. District Judge Julie Robinson stated that this “was not an economic espionage case” and released Professor Tao for time served. According to Inside Higher Ed on January 19, 2023, “Dr. Tao will be appealing his count of conviction and expects to prevail and be completely exonerated. And yes, he fully intends to continue his career as a scientist and researcher, either at KU or another university,” Peter Zeidenberg , Tao’s lawyer, said at that time.The 10th Circuit Appeals Court will hold a hearing on Professor Tao's appeal in Denver, Colorado, on September 21, 2023, starting at 8:30 am MT/10:30 am ET. Community members are urged to show their support for Professor Tao by attending the hearing at Byron White Court House, 1823 Stout Street, Denver, CO 80257. The Clerk's Office can be reached at 303-844-3157.Read APA Justice coverage of the case of Professor Franklin Tao at https://bit.ly/3fZWJvK . Read the Inside Higher Ed report: http://bit.ly/3wiMPQm Statements and Media Reports on UNC Shooting 1. Statements by UCA and AASF United Chinese Americans (UCA) and Asian American Scholar Forum (AASF) issued statements mourning the tragic death of Dr. Zijie Yan 严资杰 , an associate professor of Applied Physical Sciences at University of North Carolina (UNC) at Chapel Hill.AASF joins the UNC community in grieving the devastating killing of Dr. Yan, and boldly condemns the senseless act of violence perpetrated against him and his family. Two fundraisers have been set up - one for his daughters here and another for his parents here .Read the AASF statement: https://bit.ly/4669EXj The UCA statement condemns the racist rhetoric stemming from a public official in Wayne County, NC, which has no place in our society. "This hateful speech exacerbates the harm caused by discrimination and intolerance and can have dangerous consequences for the AAPI community," the statement said. "Together we must create an environment where every individual, regardless of their background, can pursue their educational goals without fear. Our condolences go out to the Yan family, and we hope that the UNC community finds strength and resilience in the face of this adversity. Let us come together to honor Zijie Yan's memory, strongly condemn racism, and work tirelessly for a future where such incidents can be prevented." 2. Media Reports on UNC Shooting According to CBS-17 on August 30, 2023, Wendy H. Waters , principal of Spring Creek High School in Wayne County, North Carolina, posted on Facebook a message that is widely viewed as a racist response to the shooting at UNC-Chapel Hill.“There is nothing WHITE about him,” she said as part of the post alongside a photo of Tailei Qi 齐太磊 ,, the man accused of fatally shooting Zijie Yan 严资杰 . The post continued to say “My bet is he’s a Chinese Nationalist.”In a statement from Wayne County schools, the district said Waters’ comments “do not reflect the views of the school district” and that the matter is now under review.Read the CBS-17 report: https://bit.ly/3ZsbS1j According to a report by WUNC on September 8, 2023, the death of Dr. Zijie Yan, triggered deep-seated anxiety and fear among Asian Americans in the Triangle. Jiu-Luen Tsai , 50, had been grappling with fear, frustration and grief. Like many other Asian Americans in the Triangle, he was afraid of how people would perceive him and his family after authorities identified graduate student Tailei Qi as the suspect. It reminded Tsai of instances when he and others in the Asian American community have been attacked.Tsai tried to talk to his 14-year-old son about it. “I honestly don’t know if he has experienced these things himself—xenophobia, racism and fear of gun violence,” Tsai said. “With a teenager, it’s especially hard to know. As a responsible parent, I have to talk about these things because these are truths in our world.”While the event is not characterized as a hate crime, it’s still an example of violence that’s impacted the Asian American community, said Jimmy Patel-Nguyen , the communications director at North Carolina Asian Americans Together.Events like the UNC shooting, as well as the 2021 Atlanta spa shootings, highlight a culture that’s prone to gun violence and the vulnerability of Asian immigrants in America, said Eileen Chengyin Chow , a Duke University associate professor of the Practice of Asian and Middle Eastern Studies. However, when the gunman and victims are Asian, such as with the shootings in Monterey Park and Half Moon Bay in California earlier this year, there is a tendency to dismiss the events as being isolated to the Asian community, she added. Anti-Asian violence has increased especially after the beginning of the COVID-19 pandemic. But similarly violent events that have impacted Asian Americans have been happening for decades.Cary resident Lily Chen , a community organizer and PhD student at UNC-Chapel Hill’s School of Nursing, recalled when she was an international student at the University of Iowa in 1991. That year, Gang Lu , a graduate student, shot and killed three faculty members in the department of physics and astronomy. He also killed postdoctoral researcher, Linhua Shan , who Chen personally knew.Thirty-two years later, Chen experienced the same feelings that she did back then. She was also dismayed when a Wayne County high school principal posted an angry message on Facebook days after the shooting, speculating that the suspected shooter was “stealing intellectual property” on behalf of the Chinese Communist Party.“It's like, can I have time even to grieve?” Chen said. “Can I just have time to spend time with my family, with my daughter, with my friends and not have to worry about these kinds of things?”Since the shooting, UNC social worker Susan Chung , has seen many international Asian students in her office and at mental health webinars. “They already feel like outsiders and they don’t feel included at the school,” Chung said. “They don’t feel seen. The incident that happened really escalated that. That’s kind of how they feel.” Chung herself immigrated from Taiwan when she was 12 years old and tries to act as a liaison between the two cultures. Even before the shooting, she said that international students have shared with her that they feel ignored by the school and have been bullied by their peers and professors.Read the WUNC report: https://bit.ly/3Py0mxX News and Activities for The Communities 1. APA Justice Community Calendar APA Justice has launched a Community Calendar to track the many events and activities. From the Committee of 100 career ceiling webinars, alien land laws, National Voter Registration Day, Franklin Tao's appeal hearing, to the AAUC National Unity Summit, they are all in a one-stop view. Options are available to look at a monthly, weekly, or a daily calendar, as well as an agenda view with event details.You can find the Community Calendar on the front page of the APA Justice website at https://www.apajustice.org/ . 2. 2023/09/11 Bay Area FBI Community Briefings Roundtable WHAT: Bay Area FBI Community Briefings Roundtable - San Mateo WHEN: Monday, September 11, 2023, 5:30 - 7:00 pm, PT WHERE: The San Mateo City Police Headquarter Community Meeting Room | 200 Franklin Pkwy, San Mateo, CA 94403 HOST: City of San Mateo: Amourence Lee, Mayor; Ed Barberini, Police Chief PRESENTATION: FBI San Francisco Field Office SPONSORS: Civic Leadership USA (CLUSA), The Asian American Foundation (TAAF); San Francisco Community Alliance for Unity, Safety, and Education (SFCAUSE) REGISTRATION: https://bit.ly/3sRjBcH OBJECTIVES : Provide the Federal & regional perspectives from the FBI on Public Safety Build trust and relationships by reaching out to San Mateo Community & faith-based leaders Provide a mutual listening opportunity with follow-up actions. The roundtable format will feature selected public safety topics presented by the FBI, followed by a facilitated open dialogue in a roundtable discussion. 3. Behind Bay Area Preservation Dispute Is a Chinese American ‘Asparagus King’ According to the San Francisco Standard on September 10, 2023, Thomas Foon Chew , a young Chinese immigrant and entrepreneur in the canning industry, purchased the land in Palo Alto and built a cannery in 1918. Two years later, it grew to become the third-largest cannery of fruits and vegetables in the world, powered by a large and diverse workforce of Chinese-, Spanish- and Portuguese-speaking workers.Chew’s success turned him into a legendary and well-respected multimillionaire businessman whose company is thought to be the first to can green asparagus, earning him the moniker “Asparagus King.” Chew died in 1931 at the age of 42, and it is believed that 25,000 people attended his funeral in San Francisco's Chinatown. After his death, the cannery thrived until 1949.Now , more than 90 years since his death, a controversial plan to tear down parts of the former cannery site sparked a contentious debate within the local community members, and some of them want to preserve it as a rare piece of Asian American history. Monica Yeung Arima , a board member of Palo Alto History Museum, said this is a golden opportunity to save a critical part of both Chinese American and the city’s history.Palo Alto City Council heard hours of public comment in an early September meeting as people against the redevelopment plan held signs that read “Save the Cannery.” The council will vote on whether to proceed with the plan next week.Read the San Francisco Standard report: https://bit.ly/3LjVYQF Back View PDF September 11, 2023 Previous Newsletter Next Newsletter

Newsletter - #262 7/1 Monthly Meeting; Rice News/FBI Forum; Hearing on FL SB 846; Chinese Translation; + #262 7/1 Monthly Meeting; Rice News/FBI Forum; Hearing on FL SB 846; Chinese Translation; + In This Issue #262 · 2024/07/01 APA Justice Monthly Meeting · Rice News: FBI, AAPI Leaders Meet at Rice to Address Discrimination toward Asian American Academics · 2024/07/03 Hearing on Preliminary Injunction of Florida SB 846 · WSJ: Mandarin Leaves a Manhattan Courtroom Lost in Translation · News and Activities for the Communities 2024/07/01 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, July 1, 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: · Neal Lane , Senior Fellow, Baker Institute for Public Policy, Rice University; Former Director of Office of Science and Technology Policy (OSTP), The White House; Former Director, National Science Foundation · Kei Koizumi , Principal Deputy Director for Science, Society, and Policy, OSTP, The White House · Xiaoxing Xi , Laura H. Carnell Professor of Physics, Temple University, with invited comments by Kai Li , Paul M. Wythes and Marcia R. Wythes Professor in Computer Science, Princeton University; Vice Chair, Asian American Scholar Forum, and Gang Chen , Carl Richard Soderberg Professor of Power Engineering, Massachusetts Institute of Technology · Karla Hagan , Senior Program Officer, Staff Director for National Science, Technology, and Security Roundtable, National Academies of Sciences, Engineering, and Medicine (NASEM) 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 . National Academies Roundtable Capstone Workshop The National Science, Technology, and Security Roundtable Capstone Workshop on July 16-17, 2024, will present information the Roundtable has gathered since its inception in 2020 through 13 gatherings in Washington, DC and across the U.S. Dr. Karla Hagan will provide additional details about the workshop during the APA Justice monthly meeting on July 1, 2024. Rice News : FBI, AAPI Leaders Meet at Rice to Address Discrimination toward Asian American Academics According to Rice News on June 18, 2024, the FBI leadership participated in a dialogue at Rice University’s Baker Institute for Public Policy to address the gaps between national science and technology policy and its implementation, focusing on concerns from the Asian American and academic communities.The event included representatives from Rice, the American Civil Liberties Union of Texas, the Asian American Scholar Forum, the Texas Multicultural Advocacy Coalition, and the APA Justice Task Force. Key speakers included Jill Murphy from the FBI and Paul Cherukuri , Rice’s Chief Innovation Officer, who emphasized the importance of these discussions despite their challenges. The dialogue follows the 2022 termination of the DOJ's China Initiative, which faced criticism for potential bias against Asian American scientists. Issues of discrimination, border entry problems for Chinese researchers, and the need for better protection of research security were highlighted.There have been reports of border entry and exit issues for Chinese graduate students and academic researchers who are green card holders and even American citizens, said Tam Dao , assistant vice president for research security in Rice’s Office of Innovation and a former supervisory special agent overseeing the FBI’s counterintelligence task force.FBI leaders underscored their commitment to protecting all U.S. residents and fostering trust within the community. Panelists agreed on the importance of preventing the transfer of U.S. research to the Chinese government while ensuring a non-discriminatory environment for researchers. Community leaders Gisela Perez Kusakawa and Gordon Quan emphasized the need for continued progress to make the U.S. welcoming for global talent. “We’ve talked today about the implementation steps, the progress we can make. (This) could prove to be one of the most important events that ever occurred on campus, so I’m very appreciative for being a part of it,” said Neal Lane , senior fellow in science and technology policy at the Baker Institute and former director of the White House Office of Science and Technology Policy.Read the Rice News report: https://bit.ly/3VLE2Ea . For a summary and a video of the forum, visit https://bit.ly/3wNL2Xi (1:55:24) 2024/07/03 Hearing on Preliminary Injunction of Florida SB 846 According to an update by the Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 on June 21, 2024, CALDA has represented two Chinese students from Florida International University and a professor from the University of Florida since March 25 in filing a lawsuit in the U.S. District Court for the Southern District of Florida. The legal team filed a Motion for a Preliminary Injunction with the court on April 29. This rapid response strategy, similar to the approach to Florida's SB 264 alien land bill, aims to swiftly curb the ongoing impact of Florida SB 846 , which continues to harm more Chinese-background students, professors, and related academic personnel.The legal team asserts that SB 846 is unconstitutional for three main reasons: · Federal law supersedes state law regarding the work rights of international students, and Florida has no authority to impose additional restrictions · SB 846 clearly discriminates based on immigration status and nationality, failing to pass constitutional strict scrutiny · The bill’s key provisions are vague, violating due process A hearing on our motion for a preliminary injunction will be held: WHEN: July 3, 2024, 10:30 am ET WHERE: 6th floor, C. Clyde Atkins United States Courthouse, 301 N Miami Ave, Miami, FL 33128 Read the CALDA update: 阻击佛州歧视留学生法案，捍卫华人权益，SB 846最新进展 WSJ : Mandarin Leaves a Manhattan Courtroom Lost in Translation According to the Wall Street Journal on June 18, 2024, the trial of Guo Wengui shows how linguistic issues can trip up China-related cases. Nearly everyone in the lower Manhattan courtroom appears frustrated by a halting process that requires translation of Chinese-language videos, documents and witness testimony. It is one in a series of high-profile China-linked cases that are similarly getting lost in translation. Chinese-language evidence is piling up, unintelligible to attorneys. Translations are slow, and sometimes wrong. There is a limited pool of top-tier Mandarin court interpreters, and they can disagree on English translations. And for both sides in a trial, the work of interpreters provides ammunition for legal wrangling, from gamesmanship to courtroom objections and possible appeals.Introducing any foreign language to a legal case can add confusion to an already complex process. The challenges mount when it is a language like Mandarin that is unintelligible to 99% of people in the U.S.Chinese can be highly nuanced and the same word can have different meanings depending on the context. Quality translation services are limited, even in New York City, which has a sizable ethnic Chinese population. In legal circles, demand for Chinese skills is enormous.Such a challenge helped to torpedo a sensational China Initiative case against an ethnic Tibetan New York policeman, Baimadajie Angwang , charged with spying on behalf of Beijing in 2020. The allegation was built on dozens of intercepted phone calls between the officer and a Chinese consular official - and apparently misconstrued Mandarin colloquialisms. For instance, prosecutors considered the officer's use of a Mandarin word for "boss" as evidence that he was signaling subservience to the Chinese official, while the officer's defense attorney said the term was the defendant's way of expressing gratitude for help on a complex travel visa application. "The fact that it was in a foreign language created an opportunity to use inaccurate translation to fit their story," said the defense attorney, John F. Carman . The case against Officer Angwang was eventually dropped, but his employment was still terminated by the New York Police Department.Read the Wall Street Journal report: https://on.wsj.com/3VBArae NOTE : Chinese written language is in either Traditional or Simplified characters. Traditional characters have been in existence for more than 2,000 years and are used in Hong Kong and Taiwan. Simplified characters were introduced in the 1960s and are used in Mainland China. There is a substantial overlap between Simplified and Traditional Chinese characters, with an estimated 30-40% of the most commonly used characters being identical. Both evolve over time, including their colloquial usage in the Internet age.Mandarin originating from Beijing is the most widely spoken form of the Chinese language and serves as the official language of both the People's Republic of China and Taiwan. However, there are more than 300 regional and minority languages or dialects across the country. For example, Cantonese is predominantly spoken in Hong Kong and Guangdong Province while Shanghainese is spoken in Shanghai and neighboring areas. Science : Record Settlement over China Funding Puts U.S. Research Institutions on Notice According to Science on June 21, 2024, over the past 5 years, the U.S. Department of Justice (DOJ) has won only a handful of criminal cases in which it prosecuted scientists alleged to have defrauded the government by not disclosing research support they received from China. But last month DOJ sent a clear message that, despite that poor track record, research institutions will be held accountable for mistakes in monitoring outside support to their faculty.A May 17 settlement with the Cleveland Clinic Foundation (CCF) requires the medical colossus to pay the government $7.6 million to resolve allegations it mismanaged three grants from the National Institutes of Health (NIH). In addition to the fine, the settlement requires a top CCF administrator “to personally attest” to the accuracy of all information it submits to NIH. “That is a very meaningful sanction or burden on an institution,” says attorney Michael Vernick of Akin Gump Strauss Hauer & Feld, who has represented research institutions in similar settlements but was not involved in the CCF case.CCF itself was not the government’s initial target. In 2018, NIH began to investigate CCF cardiovascular geneticist Qing Wang after getting an FBI list of some 3000 scientists the agency believed had received funding through one of the many Chinese programs aimed at attracting world-class scientists, many of Chinese ancestry. In January 2019, NIH asked CCF to investigate those allegations and report back. In April 2020, CCF sent NIH a 17-page summary of its findings. Within days NIH suspended Wang’s $2.8 million grant and CCF terminated his employment. He was arrested on May 13, 2020, charged with making false claims in connection with the grant under the China Initiative. However, in July 2021 DOJ abruptly dropped its effort to prosecute him without explaining its decision. Wang, who grew up in China but trained in the United States and became a U.S. citizen in 2005, has restarted his research career at China’s Huazhong University of Science and Technology.To Wang’s lawyer, Peter Zeidenberg , the reason the government threw in the towel is clear: His client had followed the rules and voluntarily disclosed his Chinese support. “He told them everything—both NIH and CCF,” says Zeidenberg, a partner with ArentFox Schiff LLP. The CCF settlement, he adds, simply confirms Wang’s innocence.The CCF settlement eclipses two earlier civil settlements involving alleged nondisclosures between the government and the Van Andel Institute. In those 2019 and 2021 cases, totaling $6.6 million, the scientists involved in the grants were never criminally charged with any wrongdoing. Read the Science report: https://bit.ly/3XzJRpE News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/06/27-30 UCA: 2024 Chinese American Convention2024/07/01 APA Justice Monthly Meeting2024/07/01 President's Advisory Commission Public Meeting - Livestreaming2024/07/02 President's Advisory Commission Public Meeting - In Person2024/07/03 Hearing on Preliminary Injunction on Florida SB 846Visit https://bit.ly/45KGyga for event details. 2. Hate Crime Conviction in Texas According to NBC News and WFAA-TV on June 18, 2024, a woman in Plano, Texas, has been convicted on charges of hate crime in connection to a 2022 incident in which several Asian American women were physically and verbally attacked. Esmeralda Upton , 59, was convicted of three misdemeanor assault charges and one misdemeanor charge of terroristic threat. Each of the charges includes a state hate crime enhancement, alleging that Upton chose the victims based on her bias and prejudice against their race and national origin. It comes after Upton was accused of attacking four South Asian women outside a restaurant two years ago. During the altercation, she made racist comments, attempted to hit the women, told them to “go back to India,” video of the incident showed. Upton, who pleaded guilty to the four charges, was sentenced to two years of community supervision probation and 40 days confinement in the Collin County Jail for each of the cases, served concurrently. There is still a pending civil suit against Upton, filed by the victims. Read the NBC News report: https://nbcnews.to/3KY7Hn6 . Read and watch the report by WFAA-TV : https://bit.ly/4bf8qeH (video 0:44) Back View PDF June 24, 2024 Previous Newsletter Next Newsletter

Newsletter - #17 "China Initiative" Webinar Opens; "Black Eye" Of DOJ; Who Is Sirous Asgari; WeChat #17 "China Initiative" Webinar Opens; "Black Eye" Of DOJ; Who Is Sirous Asgari; WeChat Back View PDF September 25, 2020 Previous Newsletter Next Newsletter