Search this site

Newsletter - #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + In This Issue #199 2023/08/07 APA Justice Monthly Meeting Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics News and Activities for the Communities 2023/08/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, August 7, 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; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: 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, to report on the latest developments of the Florida lawsuit Echo King 金美声 , President, Florida Asian American Justice Alliance (FAAJA), to provide on-the-ground reports about the July 18 court hearing, press conference, and protests; and a brief report by Professor Shuang Zhao 赵爽 , Co-President, Yick Wo Institution 益和学会 Andy Wong, Managing Director of Advocacy, and Shanti Prasad , Advocacy Manager, Chinese for Affirmative Action (CAA), to give a brief introduction of CAA and its recent roles and activities in alien land laws, warrantless surveillance/reauthorization of Section 702, anti-Asian hate, and related topics Christine Chen , Executive Director, to give a brief introduction of APIAVote, observations on the communities' reaction to the alien land bills/laws, the introduction of laws in some states criminalizing those who assist voters (AP report: https://bit.ly/3NM9z3s ), and plans for the upcoming 2024 election 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 FCRTV Webinar on July 22, 2023 On July 22, 2023, Florida Chinese Radio Television (FCRTV) 佛州华语广播电视台 broadcast a webinar in Chinese. Titled 从微信禁令案到佛州地产限购法案，朱可亮律师讲解在美华人的维权之路和启发 (From the WeChat Ban Case to the Florida Alien Land Law, Attorney Zhu Keliang explains the road and inspiration of Chinese people in the United States to defend their rights), the featured speaker of the webinar was Attorney Clay Zhu 朱可亮. Watch the FCRTV video at: https://www.youtube.com/watch?v=zOqobsVDX_A (2:05:26). Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms On June 26, 2023, Asian American Scholar Forum (AASF), American Civil Liberties Union (ACLU), APA Justice, Brennan Center for Justice, and the Committee of 100 (C100) co-hosted a webinar on "Perils of Warrantless Surveillance - The Case for Foreign Intelligence Surveillance Act (FISA) Reform." Congresswoman Pramila Jayapal led off the webinar with opening remarks. Panelists were Gang Chen 陈刚 , Soderberg Professor of Power Engineering, MIT; Elizabeth Goitein , Senior Director, Brennan Center for Justice; Ashley Gorski , Senior Staff Attorney, ACLU; Brian A. Sun 孙自华 , Partner at Norton Rose Fulbright and C100 Board Member. The webinar was moderated by retired Judge Lillian Sing 郭丽莲 , California Superior Court. Section 702 of FISA was first enacted in 2008. The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺 . The current authority of Section 702 will expire on December 31, 2023. Congress has started debate on the reauthorization of Section 702. It is not the only tool being used to spy on American citizens without a warrant, which is in possible violation of the Fourth Amendment of the Constitution. A number of civil society organizations and national organizations have already weighed in and issued statements to oppose Section 702 reauthorization and warrantless surveillance unless there are major reforms. Subsequent to the June 26 webinar, a group of diverse national, state, and local organizations and individuals has been formed to plan for follow-up actions by the Asian American communities. A kickoff planning meeting was held on August 3, 2023.Watch the June 26 webinar: https://www.youtube.com/watch?v=3k56a4KuSn0 . Read the APA Justice web page on Warrantless Surveillance: https://bit.ly/3O6T43Q The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Dr. Yanping Chen 陈燕平 is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University. She married a U.S. citizen, became a lawful permanent resident in 1993, and a U.S. citizen in 2001. In 1998, Dr. Chen founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults. More than 12,000 students have received degrees in the last 20 years.In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation, Dr. Chen was told that no charges will be filed against her in 2016. However, confidential information from the investigation was allegedly leaked to Fox News in or around 2017. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security.According to Voice of America on August 3, 2023, Judge Christopher Cooper of the U.S. District Court for the District of Columbia issued a ruling that would force Catherine Herridge , then a journalist at Fox News and currently a CBS News correspondent, to participate in a deposition regarding the identity of her anonymous sources from her 2017 series of stories. In 2022, Dr. Chen subpoenaed Herridge and Fox News to try to determine the alleged leaker’s identity, but the journalist and news outlet rebuffed her efforts, citing First Amendment protections afforded to the press.But in Cooper’s ruling, he said Chen’s need for the evidence outweighed Herridge’s First Amendment privilege.According to the Washington Post on June 5, 2006, Wen Ho Lee 李文和 , a former nuclear weapons scientist who came under government suspicion of being a spy for China, settled a lawsuit over violation of his privacy rights and received $1.65 million from the government and five news organizations, including The Washington Post. Under the settlement, which was filed in U.S. District Court in Washington DC and cited in a joint statement by the five news organizations, Lee received $895,000 from the government for legal fees and taxes related to his lawsuit accusing the U.S. Justice Department and Energy Department of violating his rights under the Privacy Act by leaking information that he was under investigation for suspected espionage.The five news organizations -- the Washington Post , the New York Times , the Los Angeles Times , the Associated Press and ABC News -- agreed to pay Lee a total of $750,000 as part of the settlement.Read the Voice of America report: https://bit.ly/3OlJ5Gf . Read the Washington Post report : https://wapo.st/43YOM2N . Read the APA Justice web page on Dr. Yanping Chen : https://bit.ly/APAJ_Yanping_Chen Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics On August 10, 2023, the Asian American Scholar Forum will host a webinar on Understanding the FBI: Its Mission, Motivations, and Tactics, featuring Michael German. Mike is a fellow with the Liberty and National Security Program of the Brennan Center for Justice at New York University Law School, where his work focuses on counterterrorism, law enforcement, and intelligence reform. He previously served sixteen years as a special agent with the Federal Bureau of Investigation (1988- 2004), where he conducted criminal investigations and undercover operations. He is the author of “Disrupt, Discredit, and Divide: How the New FBI Damages Democracy“ (New Press, 2019). Register for the event at https://bit.ly/3pAMzwh News and Activities for the Communities 1. APA Justice Launches Community Events Calendar APA Justice has launched a Public Events Calendar on the front page of its website at https://www.apajustice.org/ . The new feature allows readers to view upcoming events with brief descriptions in one stop. Options are available to view the events by day, week, month, and agenda. We thank summer interns Charlotte Ding and Ryan Zhao for implementing this important functionality. 2. 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality.Advancing Justice | AAJC is co-chairing this momentous event along with ADL, Human Rights Commission, Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Legal Defense Fund, NAACP, National Coalition on Black Civic Participation, National Council of Negro Women, National Urban League and UNIDOS. Read the Advancing Justice | AAJC announcement: https://bit.ly/3E2JUPP . Register to join the Asian American, Native Hawaiian, and Pacific Islander Contingent at the 60th Anniversary of the March on Washington: https://bit.ly/3qjWTsY 3. Ji-Hyun Lee - 120th President of the American Statistical Association The American Statistical Association announced the election of Ji-Hyun Lee as its president. Her term begins January 1, 2025, with a one-year term as president-elect beginning January 1, 2024. Lee is believed to be the first person of Asian descent to serve in that capacity. "Understanding basic statistical and data literary is not only just important for students but is becoming increasingly crucial for everyone in the workforce," Lee said. "With the rapid growth of data-driven jobs and widespread use of data in the various sectors, data science and statistical education are vital for building a strong American workforce and maintaining competitiveness." Lee is a professor of biostatistics at the University of Florida College of Public Health and Health Professions and the University of Florida College of Medicine. She was on the board of directors for the Korean International Statistical Association from 2017 to 2022. Back View PDF August 6, 2023 Previous Newsletter Next Newsletter

Timeline Back to China Initiative Prev Next Table of Contents Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China The Ethnic Targeting of Chinese Scientists Links and References Overview On November 1, 2018, U.S. Attorney General Jeff Session announced the launch of the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China (PRC). “This Initiative will identify priority Chinese trade theft cases, ensure that we have enough resources dedicated to them, and make sure that we bring them to an appropriate conclusion quickly and effectively.” Sessions said. President Donald Trump fired Sessions less than a week later, but the China Initiative remained in operation for 1,210 days until it was ended by the Joe Biden Administration on February 23, 2022. The Department of Justice (DOJ) had no definition of what constitutes a China Initiative case. DOJ created an online report on what it considered to be Chinese Initiative cases. The online report was last updated on November 19, 2021, three months before the initiative officially ended. According to MIT Technology Review , there have been 77 known China Initiative cases impacting 162 individuals. Based on a comprehensive analysis of the cases, MIT Technology Review concluded that the initiative had increasingly charged academics with “research integrity” issues. Nearly 90% of the defendants charged were of Chinese heritage, lending credence to wide-spread allegations that scientists and researchers of Chinese origin were racially profiled and targeted under the China Initiative despite denials by the government. The DOJ China Initiative cases included only indictments and prosecutions. It did not include investigations or surveillance by the Federal Bureau of Investigations (FBI) and other federal law enforcement agencies and grant agencies such as the National Institutes of Health (NIH). NIH ran its own China Initiative. By March 23, 2023, a year after the official end of the China Initiative, NIH’s own “China initiative” had upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. FBI Director’s Profiling Approach The first thunder of the New Red Scare came on February 13, 2018, when FBI Director Christopher Wray testified in a Senate Intelligence Committee hearing and targeted all students, scholars and scientists of Chinese origin as a national security threat to the United States. Wray responded to a question in the hearing, “I think in this setting I would just say that the use of nontraditional collectors, especially in the academic setting, whether it’s professors, scientists, students, we see in almost every field office that the FBI has around the country. It’s not just in major cities. It’s in small ones as well. It’s across basically every discipline.” Asian American advocates were outraged by Wray’s presumption that every Chinese professor, scientist, and student was guilty of collecting intelligence for the Chinese government until proven innocent. Conflating the stereotype of “perpetual foreigners” and the loyalty of Asian Americans to the United States, Wray pledged to pursue a “whole-of-society” approach to address the threat of China. His use of the term “non-traditional collectors” for spies parallelled “thousand grains of sand” during the prosecution of Dr. Wen Ho Lee and “fifth column” in referral to Japanese Americans during World War II. Qian Xuesen, also known as Hsue-shen Tsien, a founder of the Jet Propulsion Laboratory, became a victim of the Second Red Scare during the Cold War era, facing accusations of “communist sympathies” despite his contributions to American scientific advancement. Fourteen Asian American community organizations wrote to Wray on March 1, 2018, and called for “an opportunity to discuss how well-intentioned public policies might nonetheless lead to troubling issues of potential bias, racial profiling, and wrongful prosecution.” Wray never responded to the letter. References and Links Wikipedia: Qian Xuesen 2020/02/02 The Intercept: The FBI’s China Obsession - The U.S. Government Secretly Spied on Chinese American Scientists, Upending Lives and Paving the Way for Decades of Discrimination 2019/12/31 Bloomberg: As China Anxiety Rises in U.S., Fears of New Red Scare Emerge 2019/07/20 New York Times: A New Red Scare Is Reshaping Washington 2018/03/23 Huffington Post: FBI Director Defends Remarks That Chinese People In U.S. Pose Threats 2018/03/08 Washington Post Opinion: America’s new — and senseless — Red Scare 2018/03/01 14 Coalition Organizations: Coalition letter to FBI Director Wray 2018/03/01 Committee of 100: Community Organizations Call for Meeting with FBI Director Christopher Wray Regarding Profiling of Students, Scholars, and Scientists with Chinese Origins 2018/02/27 Asia Times: FBI director’s grave mistake on targeting Chinese-Americans 2018/02/16 纽约都市新闻网: 华裔议员严厉谴责Rubio和Wray针对中国学生的极端言论 2018/02/15 CAPAC: CAPAC Members on Rubio and Wray’s Remarks Singling Out Chinese Students as National Security Threats 2018/02/14 Inside Higher Ed: The Chinese Student Threat? 2018/02/13 Advancing Justice | AAJC: FBI Director’s Shock Claim: Chinese Students Are a Potential Threat 2018/02/13 U.S. Senate Select Committee on Intelligence: Hearing on Global Threats and National Security 2016/05/25 60 Minutes: Collateral Damage 2015/05/10 New York Times: Accused of Spying for China, Until She Wasn’t 2000/09/14 New York Times: Statement by Judge in Los Alamos Case, With Apology for Abuse of Power . 1999/12/11 Washington Post: China Prefers the Sand to the Moles 1964/02/02 New York Times: F.B.I. Chief Warns of Red China Spies NIH’s Own “China Initiative” According to the Science Magazine, Francis Collins, the Director of the National Institutes of Health (NIH) sent a missive to more than 10,000 institutions on August 20, 2018, asserting that "threats to the integrity of U.S. biomedical research exist" and highlighted the failure to disclose "substantial resources from other organizations, including foreign governments." Collins wrote that "in the weeks and months ahead you may be hearing from [NIH] regarding … requests about specific … personnel from your institution." Dubbed as NIH’s own “China Initiative,” NIH began sending letters to dozens of major U.S. research universities in March 2019, asking them to provide information about specific faculty members with NIH funding who are believed to have links to foreign governments that NIH did not know about. Universities reportedly scrambled to respond to the unprecedented queries. Some academic administrators worry the exercise could cast a chill over all types of international scientific collaborations. Others fear that the inquiry may become a vehicle to impugn the loyalty of any faculty member—and especially any foreign-born scientists—who maintain overseas ties. At some institutions, every researcher flagged by NIH was Chinese American. The vaguely worded letters did not contain specific accusations, nor did it explain any aspect of the process. By March 23, 2023, a year after the official end of the China Initiative, Science reported that NIH’s “China initiative” has upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. More than one in five of the 246 scientists targeted were banned from applying for new NIH funding for as long as 4 years—a career-ending setback for most academic researchers. And almost two-thirds were removed from existing NIH grants. Some 81% of the scientists cited in the NIH letters identify as Asian, and 91% of the collaborations under scrutiny were with colleagues in China. In only 14 of the 246 cases—a scant 6%—did the institution fail to find any evidence to back up NIH’s suspicions. NIH is by far the largest funder of academic biomedical research in the United States, and some medical centers receive hundreds of millions of dollars annually from the agency. So when senior administrators heard Michael Lauer, NIH deputy director for extramural research, say a targeted scientist “was not welcome in the NIH ecosystem,” they understood immediately what he meant—and that he was expecting action. “If NIH says there’s a conflict, then there’s a conflict, because NIH is always right,” says David Brenner, who was vice chancellor for health sciences at the University of California, San Diego (UCSD), in November 2018 when the institution received a letter from Lauer asking it to investigate five medical school faculty members, all born in China. “We were told we have a problem and that it was up to us to fix it.” In a panel discussion hosted by the University of Michigan in March 2024, Professor Ann Chih Lin, asserted that NIH made it clear that if they couldn’t resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly. References and Links 2024/03/29 University of Michigan News: US universities secretly turned their back on Chinese professors under DOJ’s China Initiative 2023/02/23 Science: Pall of Suspicion 2019/03/01 Science: NIH letters asking about undisclosed foreign ties rattle U.S. universities Criminalizing China The name of China Initiative by itself is problematic. "Using 'China' as the glue connecting cases prosecuted under the Initiative's umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess 'China-ness,' based on PRC nationality, PRC national origin, Chinese ethnicity, or other expressions of connections with 'China.,'" Professor Margaret Lewis wrote in her article "Criminalizing China" in 2020. Her article further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with “China.” A better path is to discard the “China Initiative” framing, focus on cases’ individual characteristics, and enhance the Department of Justice’s interactions with nongovernmental experts. Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). https://scholarlycommons.law.northwestern.edu/jclc/vol111/iss1/3 The Ethnic Targeting of Chinese Scientists On November 19, 2020, The China Project produced a video titled “ The China Initiative: The ethnic targeting of Chinese scientists and the subsequent brain drain .” (7:30) The China Project talked to lawyers, academics, and victims of the China Initiative for their perspective. Many Chinese and Chinese American researchers feel that the program has placed a target on their back, and that they are being unfairly targeted for their Chinese ethnicity. There are also critics who say the Initiative has done little more than drive talent away from the U.S. Jump to: Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China Ethnic Targeting of Chinese Scientists 1. DOJ launched China Initiative November 1, 2018 Timeline Contents Department of Justice: Information About The Department of Justice's China Initiative and A Compilation of China-Related Prosecutions Since 2018 . (last updated November 19, 2021). Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). 2021/12/02 MIT Technology Review: The US crackdown on Chinese economic espionage is a mess. We have the data to show it. 2020/11/19 The China Project: The China Initiative: The Ethnic Targeting of Chinese Scientists and the Subsequent Brain Drain . (video 7:30) 2020/10/30 The China Project: Scientists in the Crosshairs: What should Chinese and Chinese-American researchers do amid U.S. crackdown on ‘China ties’? (video 21:04) 2018/11/07 New York Times: Jeff Sessions Is Forced Out as Attorney General as Trump Installs Loyalist 2018/11/01 Department of Justice: Attorney General Jeff Sessions Announces New Initiative to Combat Chinese Economic Espionage 2018/11/01 Department of Justice: Attorney General Sessions Announces Criminal Enforcement Action and New Initiative to Combat Chinese Economic Espionage (video 36:37) Links and References Timeline Known Cases Impacted Individuals

Newsletter - #46 "China Initiative"; Twitter; US House Testimony; Webinars; Student Stats; Hate Crimes #46 "China Initiative"; Twitter; US House Testimony; Webinars; Student Stats; Hate Crimes Back View PDF March 1, 2021 Previous Newsletter Next Newsletter

A month after the launch of the China Initiative, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters in Washington DC to convey concerns raised within the Chinese American community about the role of bias in its investigations, among other issues, in a futile attempt to establish a continuing dialogue to address the concerns. December 7, 2018 Table of Contents Overview FBI Headquarters Meeting FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” 60 Minutes: “Collateral Damage” “Racial Profiling Harms Science” Links and References Overview On December 7, 2018, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters to convey concerns raised within the Chinese American community about the concerns of bias in its investigations, among other issues. An attempt to establish a continuing dialogue with the FBI failed. Prior to the meeting, Asian American, civil rights, and scientific communities have already been expressing deep concerns about wrongful prosecutions of Chinese American scientists such as Sherry Chen and Xiaoxing Xi, as well as the broad brush rhetoric of “non-traditional collectors” against an entire group of students, professors, and scientists as a security threat to our country. FBI Headquarters Meeting The 90-minute meeting with a senior FBI official and representatives was held at the FBI headquarters. Attempts to establish a dialogue resulted in two monologues. On December 14, 2018, a public summary of the meeting was released: “The FBI stated that its mission is to protect all Americans, including Chinese Americans, while also highlighting national security threats and the political influence from foreign nations such as China. “The community leaders acknowledged the serious threat posed by trade secret theft within the U.S. where intellectual property has found its way to foreign nations, including China. They also expressed support for vigorous law enforcement action where wrongdoing occurs. At the same time, the community leaders spoke about the fear and suspicion created by certain actions by the FBI, particularly related to cases where apparent innocent parties were involved. “The 90-minute meeting at FBI headquarters was closed door, permitting for a frank and confidential conversation. Both sides expressed interest in a continuing dialogue. Community groups who want to dialogue with the agency can contact FBI field offices. Several already have held meetings or forums involving the FBI in Austin, Houston, Los Angeles, San Francisco and Washington, D.C. According to the FBI, it has community outreach specialists in each of its field offices who regularly engage with the various communities they serve. “The community leaders attending the meeting were Robert Gee, Vice Chair, Washington DC Region, Committee of 100; Andrew Kim, Visiting Scholar, South Texas College of Law and Litigator, Greenberg Traurig; Aryani Ong, community advocate; Steven Pei, scientist and Honorary Chair of United Chinese Americans; and Jeremy Wu, retired government official." The community leaders brought these talking materials to the meeting: Robert Gee: Committee of 100 Letter to FBI Official Andrew Kim: Prosecuting Chinese “Spies:” An Empirical Analysis of The Economic Espionage Act Steven Pei: FBI Meeting Talking Points Jeremy Wu: FBI Meeting Talking Points After the China Initiative ended, the FBI San Francisco field office hosted a town hall meeting with community organizations in May 2022, beginning a process to restart a dialogue with the communities. FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” According to Inside Higher Ed on February 14, 2018, FBI director Christopher Wray told the Senate Select Committee on Intelligence that American academia is naïve about the intelligence risks posed by Chinese professors, scientists, and students. His broad-brush testimony targets a whole group of students, professors, and scientists as a security threat due to their national origin and race. In addition, Wray said he and the FBI “view the China threat as not just a whole-of-government threat but a whole-of-society threat on their end, and I think it’s going to take a whole-of-society response by us. So it’s not just the intelligence community, but it’s raising awareness within our academic sector, within our private sector, as part of the defense.” “It is wrong to cast an entire group of students, professors, and scientists as a threat to our country based simply on where they come from,” said Patrick Toomey, a staff attorney for the American Civil Liberties Union, which has joined a lawsuit by a Chinese American professor, Xi Xiaoxing, who was wrongfully arrested for sharing secret technology with entities in China. “The United States has a proud tradition of international academic collaboration, which attracts the best and the brightest to our universities, fosters innovation and ultimately benefits all Americans,” Toomey said. “The FBI’s mind-set has already led to overzealous investigations of Chinese Americans, with disastrous consequences for those wrongly tarred with suspicion.” The term “non-traditional collector” is an updated version of “ thousand grains of sand ” which was used by FBI analyst Paul Moore during the wrongful prosecution of Dr. Wen Ho Lee more than two decades ago. In response to Wray’s remarks in the Senate Committee hearing, the Committee of 100 and a coalition of organizations wrote a joint letter to FBI Director Wray, requesting a meeting to “engage in positive dialogue to advance our nation’s ideals as well as its national security.” Wray never responded to the coalition letter. 60 Minutes: “Collateral Damage” On August 26, 2018, CBS 60 Minutes updated its nationwide broadcast of “ Collateral Damage .” It describes how innocent Chinese Americans are wrongly accused of espionage related crimes as the government steps up the fight against theft of U.S. trade secrets and intellectual property by China. The 60 Minutes program also has an online segment titled “ The Spy Who Wasn’t .” It describes the lasting impact on innocent Chinese Americans far beyond the heavy legal fees and dropped charges. Their finances, careers, reputations, emotions, and families are severely damaged if not totally ruined. “Racial Profiling Harms Science” On March 21, 2019, three major scientific organizations voiced their concerns about racial profiling by publishing an open letter titled " Racial Profiling Harms Science " in Science. The Society of Chinese Bioscientists in America (SCBA, 美洲华人生物科学学会), The Chinese American Hematologist and Oncologist Network (CAHON, 美国华裔血液及肿瘤专家学会), and The Chinese Biological Investigators Society (CBIS, 华人生物学者教授学会) represent the largest and a rapidly growing professional group for scientists, mostly of Chinese descent, in many biomedical disciplines. The letter expresses concerns about the recent political rhetoric and policies that single out students and scholars of Chinese descent working in the United States as threats to U.S. national interests. Jump to: Overview FBI Headquarters Meeting FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” 60 Minutes: “Collateral Damage” “Racial Profiling Harms Science” A month after the launch of the China Initiative, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters in Washington DC to convey concerns raised within the Chinese American community about the role of bias in its investigations, among other issues, in a futile attempt to establish a continuing dialogue to address the concerns. Previous Next 2. Attempted Dialogue with FBI Failed

Newsletter - #289 U.S. Heartland China Association Update and Event; Franklin Tao Speaks Out; Pandas; + #289 U.S. Heartland China Association Update and Event; Franklin Tao Speaks Out; Pandas; + In This Issue #289 · Update from US Heartland China Association · "China in the Heartland: Building a Balanced Approach" and the Case of Professor Franklin Tao · KSNT News: Professor Franklin Tao Speaks Out · Pandas are Here at the National Zoo in Washington DC · News and Activities for the Communities Update from US Heartland China Association Min Fan , Executive Director of the U.S. Heartland China Association, introduced USHCA to us at the February 2024 monthly meeting. Min Fan warmly invited meeting participants to join an upcoming hybrid event "China in the Heartland: Building a Balanced Approach" at the University of Kansas (KU) in Lawrence, Kansas. Former KU Professor Franklin Tao and his wife Hong Peng plan to attend and engage in discussions. This event has been in planning for over a year. It involved collaboration with local Chinese American scholars and the National Committee for U.S.-China Relations to ensure a meaningful exchange on pertinent topics. The emphasis is on fostering local engagement and informed debate around broader issues affecting the community.Min underscored the importance of having discussions about U.S.-China relations not just in Washington, D.C., but also in the Heartland. The U.S. Heartland China Association, a bipartisan organization founded by late Senator Adlai Stevenson III of Illinois originally under the name of Midwest U.S. China Association and currently chaired by Former Governor of Missouri Bob Holden , aims to promote stable U.S.-China relations to protect and advance the interests of the Heartland community, such as export market for our agricultural producers, global competitiveness of our businesses, talent attraction in our universities, and the cultural heritage of Chinese Americans In the Heartland. During this past summer, USHCA organized an agricultural delegation to China, which included members from rural areas who had never visited the country before. One delegate from Kentucky returned with a renewed perspective, expressing to his local trade association members and elected officials that China was nothing like the all-negative portrayals in the media. This experience illustrated the potential benefits of people-to-people exchanges in fostering better relations and understanding between the two nations. ( From Heartland to Mainland, reflections and insights , webinar replay) The trip was 100% funded by US Agriculture stakeholders. Min, who is the first Chinese American executive director of the organization, highlighted the scrutiny faced by Chinese Americans in leadership roles within nonprofits focused on U.S.-China relations. She is one of very few Chinese Americans leading a non-profit organization on U.S.-China relations. USHCA also faced political backlash and accusations of undue influence after sending a bipartisan delegation of six Heartland mayors to China ( Press Release , Video recap ). Despite the challenges, the organization continues to work closely with the State Department and other agencies to promote sub-national diplomacy and collaborative efforts around pressing issues like climate change. Min highlighted an upcoming event in Memphis, which aims to engage local partners, NGOs, and academics in a Yangtze-Mississippi Regional Dialogue about climate resilience, low carbon agriculture, and green transportation. This initiative seeks to promote balanced discussions in the Heartland, inviting broader community involvement and partnerships. The goal is to engage diverse local stakeholders in more informed conversations about U.S.-China relations and the future of Chinese Americans in this region. In closing, Min expressed gratitude for the opportunity to share insights with the broader community and emphasized the importance of ensuring that diverse voices are heard in discussions that shape the future. She called for continued collaboration and support to facilitate these critical dialogues and foster understanding among all stakeholders involved.A summary of the October 7 monthly meeting, including Min's update, is posted at https://bit.ly/48wdg7D . Farm Policy News: New US-China Trade War Could Cost Farmers Billions According to Farm Policy News on October 17, 2024, United States corn and soybean farmers could lose billions of dollars in annual production value if the US-China trade war induced new tariffs on agriculture products. The study found that “U.S. soybean farmers (could) lose an average of $3.6 to $5.9 billion in annual production value” while “U.S. corn farmers (could) lose an average of $0.9 to $1.4 billion in annual production value” depending on how China would respond to increased U.S. tariffs. “This burden is not limited to the U.S. soybean and corn farmers who lose market share and production value. There is a ripple impact across the U.S., particularly in rural economies where farmers live, purchase inputs, utilize farm and personal services, and purchase household goods,” the study said. The total economic contribution of soybean and corn production could drop between $4.9 billion and $7.9 billion annually, with the most heavily affected sectors including manufacturing and mining of crop protection, fertilizer products, and energy products, as well as real estate and transportation.Read the Farm Policy News report: https://bit.ly/4eR0yT8 "China in the Heartland: Building a Balanced Approach" and the Case of Professor Franklin Tao On October 11, 2024, Professor Jack Zhang of the University of Kansas (KU) Department of Political Science, joined by Susan Thornton , Vice Chair of the U.S. Heartland China Association (USHCA), and a retired senior U.S. diplomat with decades of experience in Eurasia and East Asia, and Kyle Jaros , an associate professor at the University of Notre Dame, for a discussion on building a balanced approach for relations with China. The event was hosted by USHCA and the Robert J. Dole Institute of Politics at KU. Kyle Jaros began by discussing the surge in China-related legislation and other state-level policy actions, which increased to at least 110 or 115 between 2016 and 2023. Probably 25 to 30% of these proposals have been enacted into law. What started out as a handful of tangible concerns has morphed into something that is far more ominous in the minds of many. When asked about the China policies of the Trump and Biden administrations, Susan Thornton stated that one of the key challenges in U.S.-China negotiations is the political divide within the U.S. in Washington. It has often been politically advantageous for lawmakers to exaggerate or promote dramatic, threatening proposals to get attention. While the federal government generally takes a balanced approach in assessing the China threat, politicians have put a lot more emphasis on some aspects of the so-called China threat than are warranted. This overemphasis on the perceived threat from China could lead to unintended consequences, as highlighted by Jack Zhang. Many legislators, both at the national and subnational levels, may not realize that the bills they are drafting and voting on could have adverse effects. One major concern is the effort to revive the China initiative in Congress. The China Initiative was a Department of Justice program that tried to combat espionage and technology theft on university campuses and industry. There is a lot of evidence that the FBI racially profiled Chinese and Asian American researchers, damaged and ruined a lot of careers.During the Q&A session, Hong Peng reminded the audience that her husband, Franklin Tao was a KU professor who was wrongly prosecuted by the China Initiative . After five years of hard fighting by the Taos, the Tenth Circuit Court acquitted the last charge against Franklin on July 11 this year. Justice finally prevailed and Franklin was fully exonerated. The victory was bittersweet for the couple. This fight has cost Franklin nearly everything; the wrongful prosecution destroyed his career that he spent over 20 years building and spending almost 16 hours a day each day working in his lab. The total cost of his legal defense is over 2.3 million. They used up all their savings. They took money out of their retirement accounts, borrowed money from every single friend who could help, and they raised funds through GoFundMe. And currently, they still have over a million in debt.Hong Peng said “We can't choose where we were born and where we came from. But we really should not be scapegoated because of our country of origin. Twenty years ago, we came to the United States to pursue our American dream. We never imagined we would spend five years trapped in this nightmare.” Despite all this, Franklin Tao remained fully occupied, fully dedicated to his scientific work. He has published over 30 papers during those five years. And a few days ago, he had one of his papers accepted by Science . Unfortunately, even until today, he is still fighting to reinstate his faculty position. Hong wondered how the community could help a victim like Franklin to rebuild his career. Kyle Jaros commented that an idea very well worth considering: a kind of amnesty for anybody who was found in violation of minor academic regulations, for example, disclosure of foreign research relationships which was a widespread issue across academia.Compliance and information about compliance was something that academics were not being regularly informed of for a long period of time. And then suddenly there was a huge frame shift. And within a few years, universities very quickly started to ramp up attention to these rules, and then law enforcement got involved and decided to make criminal cases or even kind of national security cases out of what in many instances were very minor. Kyle Jaros hoped that Franklin Tao can make progress in restitution. Susan Thornton thanked Franklin Tao for seeing the whole process through to the end and the acquittal. It is important for our justice system, for our institutions, for our faith in our institutions, which she thinks is coming under a lot of fire in this country and around the world. "I think we owe you a debt of gratitude on that score. We've seen periods of overzealousness of this type in U.S. history before, and then we always must come back and reflect on our errors. More publicity, more shining a light, as you've done tonight by standing up and telling your story, is what we need for people to be aware of," she said. "I hope that this very difficult ordeal can somehow have some kind of silver lining or benefit both for you and your family because you deserve it, but also the contribution that you make to our institutional fabric."Watch the video: https://bit.ly/3UhjmT7 (1:19:06). Read the Franklin Tao story: https://bit.ly/3y8SBsm . Ken Lao contributed to this report. KSNT News: Professor Franklin Tao Speaks Out On October 20 2024, KSNT News Inside Kansas Politics featured former Kansas University Professor Franklin Tao , his wife Hong Peng , and Ron Barrett-Gonzalez , KSAAUP (Kansas Conference of American Association of University Professors) Committee A Co-Chair. The interview discussed Professor Tao's legal battle after being wrongfully accused of Chinese espionage under the Trump administration's China initiative. His conviction was overturned by a U.S. appeals court in July 2024. Tao shares his journey, including his academic background and the distressing circumstances surrounding his arrest. Professor Tao’s wife, Hong Peng, described the emotional toll the situation took on their family, highlighting the fear and desperation they faced. The couple endured significant financial damage. Her testimonies revealed the emotional toll the situation has taken on her family, with children experiencing significant distress.Professor Barrett-Gonzalez expressed deep concern over the university's handling of Professor Tao's case. He recalled the horror felt within the academic community when it was revealed that a specific ethnicity of researchers, particularly those of Asian descent, were being disproportionately targeted by the federal initiative. After Professor Tao was acquitted, Professors Barrett-Gonzalez and Rob Catlett, also KSAAUP Committee A Co-Chair, and other faculty members expected the KU administration to promptly reinstate him, recognizing the importance of justice and fairness in academia. However, to their disappointment, the administration opted not to take action, which Professor Barrett-Gonzalez argued is unfairly prolonging the distress for Professor Tao and his family. Professor Barrett-Gonzalez referenced similar cases where universities acted appropriately after faculty were acquitted. For example, Professor Anming Hu in Tennessee facing similar accusations was reinstated following a court ruling, as the university recognized the negative impact on its reputation. In contrast, Professor Barrett-Gonzalez criticized KU for failing to follow suit and reinstate Professor Tao. The discussions between Professors Barrett-Gonzelez and Catlett and university officials centered around what they considered clear violations of civil rights laws, particularly the Civil Rights Act of 1964, which prohibits discrimination based on nationality or ethnic origin. They highlighted how the 10th Circuit Court has recognized tenure as a property right, arguing that the university’s actions have violated Professor Tao's Fifth Amendment rights by not providing due process in his dismissal. Professor Barrett-Gonzalez asserted that this treatment reflects a broader ethical failure on the part of the university administration.In closing, Professor Tao underscored his continued dedication to research despite challenges, arguing that he has been wrongfully persecuted and calling for his immediate reinstatement to help restore the university's reputation. The segment concludes with a commitment to continue advocating for justice and fairness in the academic environment.Watch the KSNT News report: https://bit.ly/3YyWeSV (27:57). Professors Barrett-Gonzalez and Catlett spoke at the August 2024 APA Justice monthly meeting, a summary of which is posted here: https://bit.ly/3AHFSO1 Pandas are Here at the National Zoo in Washington DC According to Washington Post , CNN , and multiple media reports, two giant pandas, Bao Li and Qing Bao, both three years old, arrived at the National Zoo in Washington DC on October 15, 2024, after an absence of almost a year. They travelled on a specially chartered FedEx Boeing 777 cargo jet dubbed the “Panda Express.” They are here on a 10-year lease, and will make their public debut January 24, 2025, after a quarantine period. While born in Sichuan, Bao Li has deep familial roots in Washington. His mother, Bao Bao, was born a celebrity at the National Zoo in 2013 and returned to China four years later. His grandparents, Meixiang and Tian Tian, lived at the zoo for 23 years until their lease ended last year.“Panda Diplomacy” began with US President Richard Nixon ’s ice-breaking trip to Communist China during the Cold War. In June, the San Diego Zoo also received two giant pandas from China, which marked the first panda loans to the U.S. in two decades. On the same day Bao Li and Qing Bao arrived in Washington, On line livestream of "giant panda cam" from the San Diego Zoo was launched at https://bit.ly/4eRBVWu News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/10/24 Why Do Legislators Brawl? Lawmaking, Fist Fighting and Messaging in Taiwan 2024/10/25-27 Celebrating the 20th Anniversary of the American Studies Network2024/10/26 Common Ground and Banquet2024/10/27 Rep. Gene Wu's Town Hall Meeting2024/11/03 Rep. Gene Wu's Town Hall Meeting2024/11/06 Asian American Women in Media and Music2024/11/10 Rep. Gene Wu's Town Hall Meeting2024/11/12 Threats to International Engagement and Academic Freedom2024/11/14 An Advice and Networking Event (Financial Services, Investing and Consulting)2024/11/15 AAASE Inaugural Annual Summit2024/11/15 Yangtze-Mississippi Regional DialogueVisit https://bit.ly/3XD61qV for event details. NOTE: Because the regular scheduled day falls on the eve of Election Day, we have moved the next APA Justice monthly meeting to Monday, November 18, 2024. 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 . 2. Summary of October 2024 Monthly Meeting Posted The October 2024 APA Justice monthly meeting summary has been posted at https://bit.ly/3BMUjB2 . We thank the following special speakers for their reports and updates: · Congresswoman Grace Meng gave her remarks that were covered in Newsletter #288 on October 21, 2024: https://bit.ly/4070ryi · Casey Lee , Policy Director of Congressional Asian Pacific American Caucus (CAPAC), provided an update on CAPAC on behalf of Nisha Ramachandran, Executive Director of CAPAC. She thanked Congresswoman Grace Meng and her team for leading efforts to prevent the reinstatement of the China Initiative in the FY 2025 appropriations bill. CAPAC remains committed to ensuring the AAPI community's voice is heard in key legislative processes, including the National Defense Authorization Act (NDAA). Casey highlighted a recently released video featuring firsthand accounts of the racial profiling and wrongful prosecutions caused by the China Initiative, encouraging its wide distribution to raise awareness. She also acknowledged the collaboration with advocacy groups like AASF, AAJC, and CAA, emphasizing their role in shaping ongoing legislative negotiations to protect the community. · Gisela Kusakawa , Executive Director of Asian American Forum (AASF), expressed gratitude to Congresswoman Grace Meng for her leadership in opposing the reinstatement of the China Initiative and supporting the Museum of Asian Pacific American History. She highlighted AASF's success in gathering over 1,000 participants for its award ceremony, celebrating Asian American scholars, and emphasized AASF’s role in policy efforts and the museum’s establishment. Gisela also thanked Casey Lee and CAPAC for educating the public during "China Week," where scholars shared personal stories of facing discrimination. She praised AASF’s advocacy in recognizing civil rights icons and connecting university faculty with policymakers, urging continued community engagement to ensure Asian American voices are heard in shaping national policy. Gisela also mentioned AASF's collaboration with the NIH on transparency efforts and reiterated the importance of the community's involvement in policy discussions. · Min Fan , Executive Director of the U.S. Heartland China Association (USHCA), gave a report that is covered by today's newsletter. · Texas State Representative Gene Wu gave a report that was covered in Newsletter #288 on October 21, 2024: https://bit.ly/4070ryi Read the October APA Justice monthly meeting summary: https://bit.ly/48wdg7D . Read previous monthly meeting summaries: https://bit.ly/3kxkqxP 3. China and World Institute at Johns Hopkins University is Hiring Johns Hopkins University is seeking a Managing Director, China & The World Institute to play a pivotal role in the launch and growth of the new China and the World Institute at School of Advanced International Studies (SAIS). The mission of the Institute is to bring greater rigor and reason to public and policy discussions on China, spearheading efforts to generate new knowledge and strategic insights to “get China right.” Working closely with and reporting to the inaugural Faculty Director, the Managing Director leads the strategic development, management, and advancement of the Institute, playing a critical role in building a leading center for interdisciplinary research, education, and public engagement on China's role in the world. It is also hiring an Academic Program Manager. Read more about these opportunities at https://bit.ly/40kgtES 4. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF October 24, 2024 Previous Newsletter Next Newsletter

Newsletter - #286 Research Security; Stanford Faculty Letter; McCarthyism Today; HUAC & CCP Committee; + #286 Research Security; Stanford Faculty Letter; McCarthyism Today; HUAC & CCP Committee; + In This Issue #286 · Ground Research Security in Science, Not Speculation · Stanford Faculty Letter to Congress Opposing Revival of China Initiative · McCarthyism: Tracing Roy Cohn to Today's Political Climate · House Un-American Activities Committee and Select Committee on CCP · News and Activities for the Communities Ground Research Security in Science, Not Speculation On September 27, 2024, the Baker Institute at Rice University published a policy brief titled "Ground Research Security in Science, Not Speculation."According to the policy brief, international collaboration is essential for advancing science, innovation, and tackling global challenges like climate change and public health. However, geopolitical tensions, particularly between the U.S. and China, have prompted new U.S. research security policies aimed at protecting intellectual property and federally-funded research from undue foreign influence. These policies, such as the 2021 National Security Presidential Memorandum 33 (NSPM-33) and the CHIPS and Science Act of 2022, focus on preventing espionage and intellectual theft but have also raised concerns about over-securitization, stifling openness in scientific exchange, and discouraging global talent.It is argued that while research security is necessary, the current lack of data and empirical evidence behind these policies risks undermining American scientific leadership and economic competitiveness. The chilling effect on U.S.-China collaborations and the fears expressed by U.S. scientists of Chinese descent highlight the potential for a brain drain and harm to the U.S.’s reputation as a global leader in science.To maintain scientific leadership, experts recommend that U.S. research security policy be grounded in evidence, uphold democratic values such as academic freedom, and avoid discriminatory practices. Standardizing research security across federal agencies, fostering international cooperation, and promoting research on security risks are essential steps for ensuring the protection of U.S. research while maintaining its openness and global competitiveness. In particular, Federal lawmakers should continue building on recent actions by Congress, the White House, and federal agencies to: · Stop all attempts to reinstate the China Initiative . Research security policy should adhere to the statutory language in the CHIPS and Science Act specifying that implementation should “be carried out in a manner that does not target, stigmatize, or discriminate against individuals on the basis of race, ethnicity, or national origin.” · Standardize research security policy and implementation across federal agencies . OSTP, federal funding agencies, and intelligence and national security agencies all need to establish common, transparent, and publicly-accountable research security practices. These practices should incorporate a due process mechanism and ensure objective evaluation, an appeal process, and consistent application of any corrective measures. · Promote “research on research security” to provide an empirical basis for new and existing policy . Data and analysis addressing the nature, scope, and scale of research security threats should inform future decision-making. Research security activities should also be identified, traced, and evaluated for effectiveness. · Improve research training for administrators, academic scientists, and industry leaders . Outreach and education about research security, especially in the academic sector, will improve compliance with policy and responsible international collaborations. · Develop an international community of practice for research security . Broad international collaboration on research security activities will help establish best practices, effective policy, and the wide adoption of common values of openness, transparency, impartiality, respect, and fairness. Read the Baker Institute's brief: https://bit.ly/3TXf5Ed Stanford Faculty Letter to Congress Opposing Revival of China Initiative On October 8, 2024, a group of over 165 Stanford faculty members sent an open letter to U.S. Congressional leaders to strongly oppose legislation that would reinstate the Department of Justice’s (DOJ) China Initiative. They specifically oppose H.R. 1398, which would revive the initiative in all but name, and request the removal of language from the House report accompanying H.R. 9026, the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025” that directs the DOJ to reinstate the initiative.On September 8, 2021, a group of 177 Stanford University faculty members sent an open letter to U.S. Attorney General Merrick B. Garland , requesting that he terminate the Department of Justice's "China Initiative." More than 3,100 faculty members of over 240 institutions from all 50 states plus the District of Columbia and Puerto Rico endorsed the Stanford letter or sent their own letters. In February 2022 when the DOJ terminated the China Initiative, there was acknowledgement “that this [China] initiative is not the right approach to meet the threat in the coming years." Assistant Attorney General for National Security Matthew Olson said, “Instead, the current threats demand a broader approach.” The China Initiative was not the right approach then and it is not the right approach now.The letter emphasizes that while espionage and intellectual property theft are serious concerns, the China Initiative has been harmful to U.S. science and technology, especially affecting Asian American scholars and international students. The faculty members argue that the initiative disproportionately targets academia and discourages the flow of valuable international talent, particularly from China. They cite a National Academy of Sciences report, International Talent Programs in the Changing Global Environment , showing that the U.S. has been losing scientific talent since 2018, a trend accelerated by the China Initiative.The letter calls for a new approach that fosters international collaboration and talent, rather than pushing talented individuals towards rival nations. It concludes by urging Congress to welcome brilliant minds from around the world and maintain the U.S. as a beacon for freedom and opportunity, rather than being driven by fear. "We should strive – consistent with our history and our beliefs – to be the 'shining city upon a hill' that welcomes the brightest, most ambitious and dedicated students, scientists, and engineers from around the world. We should not be driven by fear and inadvertently push these talented people towards our rivals. If there is to be a 'China Initiative', let it be one designed to make clear how much we appreciate the influx of STEM talent from China and our dedication to their success in the United States. And for all, we must insiston the responsible and ethical conduct of research," the letter concludes.On October 8, 2024, the Asian American Scholar Forum (AASF) issued a strong statement in support of the Stanford faculty letter. Faculty members or senior staff at a US university are invited to endorse the letter to the leadership of the U.S. House and Senate at https://bit.ly/4eXkWBw . An update will be sent to Congress.Read the Stanford faculty letter: https://bit.ly/4dCVC2P McCarthyism: Tracing Roy Cohn to Today's Political Climate According to Wikipedia, Roy Cohn served as Chief Counsel for Senator Joseph McCarthy from 1953 to 1954. Roy Cohn played a major role in McCarthy's anti-Communist hearings. After Joseph Welch , an attorney for the Army, confronted McCarthy during the Army–McCarthy hearings of 1954 with the line, " Have you no sense of decency, sir? ", public opinion began to turn against McCarthy, leading to McCarthy's censure by the U.S. Senate, and the eventual end of the era.After resigning from McCarthy's staff, Roy Cohn had a 30-year career as an attorney in New York City. His clients included Donald Trump from 1973 to 1985.According to an audio book titled " Ruthless: How Donald Trump and Roy Cohn's Dark Symbiosis Changed America " read by investigative journalist Marie Brenner , Roy Cohn and Donald Trump first met in 1973 when Donald Trump was still trying to make a name for himself as a real estate developer while fighting federal discrimination charges against his family's business. After their chance meeting at a Manhattan disco, Roy Cohn went to work defending Trump, starting a business and personal association that endured in various forms until Roy Cohn's death in 1986.“You knew when you were in Cohn’s presence you were in the presence of pure evil,” said lawyer Victor A. Kovner , who had known him for years. Roy Cohn’s power derived largely from his ability to scare potential adversaries with hollow threats and spurious lawsuits. And the fee he demanded for his services? Ironclad loyalty. According to Marie Brenner, more than legal representation, Roy Cohn offered Donald Trump a way of seeing the world - and the opportunities for seeking advantage within it - that still inform Donald Trump's approach to politics and governing today.2018/08/21 Marie Brenner: Ruthless: How Donald Trump and Roy Cohn's Dark Symbiosis Changed America (audio book)2017/06/28 Vanity Fair : How Donald Trump and Roy Cohn’s Ruthless Symbiosis Changed America The Apprentice Movie On October 11, 2024, The Apprentice movie will premiere in theaters.According to BBC , ABC News (Australian) , Entertainment Weekly , New Yorker , and multiple media reports, The Apprentice is a shrewd and darkly amusing tragicomedy that dramatizes Donald Trump 's rise to fame and fortune in the 1970s and 80s. While the movie begins with a disclaimer that many of its events are fictionalized, the former president has threatened to take legal action.In the movie, Donald Trump is first seen as a young man in the early 1970s. He works for the New York real estate company run by his cold and condescending father Fred Trump , knocking on doors and collecting rent from his impoverished tenants, but he dreams of opening a luxury high-rise hotel near Central Station. The only snag is that the company is being sued over its racial profiling of potential renters. "How can I be racist when I've got a black driver?" splutters Fred Trump.Enter Roy Cohn in the movie, a notoriously vicious and unscrupulous lawyer who catches Donald Trump's eye in a swanky members club. Donald Trump is spellbound by Roy Cohn's rudeness, his contempt for his opponents, and his three rules for success: always attack , never admit to any wrongdoing , and never admit defeat . The fact that he is so open about using blackmail only adds to his lustre in Donald Trump's eyes. Roy Cohn could be the encouraging father figure that Donald Trump has always lacked. Media reports: 2024/10/05 ABC News (Australia) : Donald Trump didn't want The Apprentice released before the US election. It's coming to cinemas this week 2024/09/24 PBS : ‘All About the Fight’: How Donald Trump Developed His Political Playbook 2024/05/22 Yahoo News : Who Was Roy Cohn and What Was His Relationship With Donald Trump? 2023/06/17 NPR : Trump has had a lot of lawyers but still longs for his wartime consigliere 2020/06/18 Men's Health : You Can Blame Roy Cohn for Donald Trump’s Political Rise 2020/03/05 AllThatsInteresting : Roy Cohn, The Man Who Taught Donald Trump Everything He Knows 2019/09/19 Politico : The Final Lesson Donald Trump Never Learned From Roy Cohn 2019/03/12 History : Roy Cohn: From ‘Red Scare’ Prosecutor to Donald Trump’s Mentor House Un-American Activities Committee and Select Committee on CCP According to ChatGPT, both the House Un-American Activities Committee (HUAC) and the Select Committee on the Chinese Communist Party (CCP) have operated in environments marked by national security fears, whether related to communism or China. Both are seen as necessary by some to protect U.S. interests, but they also raise concerns about overreach, civil liberties, and the potential targeting of specific groups. How the Select Committee on CCP operates in the long term will determine whether it follows in the controversial footsteps of HUAC or finds a more balanced approach to addressing national security.These are the key comparisons as identified by ChatGPT: 1. Mandate and Focus on Perceived Threats · HUAC (1938-1975): Established to investigate alleged disloyalty and subversion by citizens, public employees, and organizations suspected of communist ties. HUAC became a symbol of the broader anti-communist movement during the Cold War, heavily focusing on domestic threats and instilling fear of communist infiltration in American society. · Select Committee on CCP (formed 2023): Created to address national security risks posed by the Chinese Communist Party (CCP), with a focus on China’s influence on U.S. politics, technology, economy, and its potential espionage activities. Its attention is on China’s global ambitions and their potential impact on U.S. national security. 2. Political and Ideological Motivation · HUAC : Driven by Cold War fears, HUAC’s activities were motivated by concerns over communism infiltrating American society. It fueled political battles, often targeting individuals based on suspicion rather than solid evidence of subversive activities. · Select Committee on CCP : While framed around national security, this committee reflects broader U.S. geopolitical concerns about China’s rise as a global power. It fits into a larger narrative portraying China as a primary economic and political adversary, raising questions about how much of its focus is based on security versus political rivalry. 3. Targeting of Specific Groups · HUAC : Its investigations led to scrutiny of specific groups like Hollywood, academia, labor unions, and government employees. Many individuals were blacklisted, losing their reputations and careers, even without formal charges. HUAC’s activities were widely criticized for fueling xenophobia and violating civil liberties. · Select Committee on CCP : While not yet reaching the level of persecution seen under HUAC, there are concerns that its focus on China could contribute to racial profiling and discrimination against Chinese Americans and other Asian communities. Critics warn that heightened political rhetoric could stoke anti-Asian sentiment, mirroring the fear and suspicion created by HUAC’s investigations. 4. Impact on Civil Liberties and Democratic Principles · HUAC : The committee was widely condemned for disregarding due process, leading to accusations of civil rights violations. Many individuals were subpoenaed, questioned, and blacklisted without sufficient evidence, creating a culture of fear and repression. · Select Committee on CCP : In its early activities, there are already concerns that its focus on Chinese influence could infringe upon civil liberties, particularly for Chinese Americans. The potential for increased surveillance, academic restrictions, and suspicion of people based on ethnic or national background echoes the repression seen during HUAC’s operations in the McCarthy era. 5. Public Sentiment and Scapegoating · HUAC : At its peak, HUAC capitalized on the public’s fear of communism, often scapegoating individuals as part of a larger anti-communist fervor. Many reputations and livelihoods were destroyed due to unfounded accusations. · Select Committee on CCP : The committee's formation comes at a time of increasing anti-China sentiment in the U.S., driven by economic competition, national security concerns, and technological rivalry. Critics argue that this environment risks scapegoating individuals and businesses with ties to China, reminiscent of the McCarthy era's unfounded accusations. 6. Legacy and Long-Term Consequences · HUAC : The long-term legacy of HUAC is one of overreach, fearmongering, and suppression of dissent. Its actions had lasting consequences for civil liberties in the U.S., contributing to a culture that discouraged free speech and mistrusted dissenting opinions. · Select Committee on CCP : The committee’s long-term impact remains to be seen, but if its actions prioritize security at the expense of openness and collaboration, it could similarly harm U.S. democratic values. There is also concern that its focus on China could strain relations with Chinese Americans and weaken international cooperation, just as HUAC left a divisive legacy in American politics. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/10/10 Cato Surveillance Week2024/10/10 China in the Heartland: Building a Balanced Approach2024/10/11 China and the World Forum2024/10/11 Reverse Brain Drain: A Threat to U.S.Technological Leadership2024/10/13 Rep. Gene Wu's Town Hall Meeting2024/10/16 Rebuilding Trust in Science2024/10/20 Rep. Gene Wu's Town Hall Meeting2024/10/25-27 Celebrating the 20th Anniversary of the American Studies Network2024/10/26 Common Ground and Banquet2024/10/27 Rep. Gene Wu's Town Hall Meeting2024/11/03 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. Dr. Mark Xu to Lead IRS Statistics of Income Division On October 7, 2024, U.S. Chief Statisitician Dr. Karin A. Orvis aanounced that Dr. Weihuan "Mark" Xu just joined the Internal Revenue Service, as the new Director of Statistics of Income (SOI). SOI operates with an annual budget of approximately $40 to $47 million. It is recognized as one of the 13 leading federal statistical organizations in the U.S., responsible for gathering, analyzing, and publishing data related to tax returns and financial activities. Dr. Mark Xu is a seasoned Senior Executive with experience leveraging data science, AI, and advanced analytics to drive strategic decision-making and policy formulation. His expertise in economics, statistics, and leadership has yielded transformative results in both federal statistical and program agencies. His experience includes managing large, diverse teams and fostering collaboration and innovation in complex environments. He is a champion of data-driven decision-making, spearheading initiatives using big data, machine learning, and AI to enhance program efficiency and inform policy.Prior to joining IRS, Mark served as Director of the Resource Inventory and Assessment Division at U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS). Mark holds a Ph.D. and MA in Economics from the University of Washington, with advanced training in data science, machine learning, and AI. Mark has received multiple awards, including a USDA Secretary’s Honor Award in 2024. 3. USHCA Event Today and Professor Franklin Tao At the APA Justice monthly meeting on October 7, 2024, Min Fan , Executive Director of the U.S. Heartland China Association (USHCA), reported that Professor Franklin Tao will return to the University of Kansas (KU) and recognized at "The Heartland - Building a Balanced Approach" Forum in Lawrence, Kansas, on October 10, 2024, starting at 7:00 pm CT.This event, presented by the Robert J. Dole Institute of Politics at KU in partnership with USHCA and KU’s Department of Political Science, is supported by the National Committee on U.S.-China Relations and local Chinese American scholars.Join the event in person or online to engage in discussions on building a balanced approach to U.S.-China relations and to show solidarity and support for Professor Tao’s reinstatement at KU: https://bit.ly/3zkTyhT .To learn more about Professor Tao’s story, visit: https://bit.ly/3y8SBsm . A summary of the October 7 APA Justice meeting is being prepared at this time. 4. Drs. Chen, Hu, Tao, and Xi Honored by 2024 American Courage Award According to the Asian American Scholar Forum (AASF) on October 3, 2024, four distinguished Asian American scholars—Drs. Gang Chen , Anming Hu , Franklin Tao , and Xiaoxing Xi —received the prestigious 2024 American Courage Award from Asian Americans Advancing Justice | AAJC. The award celebrates their resilience, leadership, and steadfast commitment to Asian American freedom and civil rights in the face of adversity. Past recipients have included the Honorable Julie A. Su , the Honorable Mazie K. Hirono , Vanita Gupta , Japanese American MIS Veterans , and other courageous Americans and immigrants. The first recipient of the American Courage Award was Dr. Chang-Lin Tien in 1997. Dr. Tien was the first Asian American to head a major research university in the U.S., serving as Chancellor of the University of California, Berkeley. Dr. Tien was Dr. Chen's PhD advisor. Read the AASF announcement: https://bit.ly/4eSLwfa 5. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF October 10, 2024 Previous Newsletter Next Newsletter

Newsletter - #371 1/5 Meeting: Chinese American Survey; Gary Locke; National APA Museum; Nation's Data;+ #371 1/5 Meeting: Chinese American Survey; Gary Locke; National APA Museum; Nation's Data;+ In This Issue #371 · 2026/01/05 Monthly Meeting · Webinar on State of Chinese Americans Survey · Gary Locke to Receive Elliot L. Richardson Prize · National Asian Pacific American Museum Commission: Year-End Update · ASA: The Nation’s Data At Risk · News and Activities for the Communities 2026/01/05 Monthly Meeting APA Justice kicked off the new year with its first monthly meeting on Monday, January 5, 2026. A summary of the meeting is being prepared at this time. One of the featured speakers was Paul Cheung 鄭文耀 , President of the Committee of 100 (C100). In a January 1, 2026 interview with the South China Morning Post , Paul outlined a vision for C100 centered on nuance, people-to-people engagement, and the defense of civil liberties amid heightened U.S.–China tensions. He emphasized C100’s role in providing context—particularly how geopolitical rivalry directly affects Chinese Americans and shapes immigration, scientific exchange, business ties, and public perception. Paul described C100’s dual mission of addressing domestic civil rights challenges while engaging thoughtfully on broader U.S.–China relations. He highlighted the organization’s cross-sector approach, credible research on issues such as alien land laws and visa policies, and the State of Chinese Americans Survey, which helps inform policymakers and community leaders without functioning as a lobbying effort. The interview also underscored C100’s diverse leadership and legacy, including figures such as Paula Madison 罗笑娜 , Gary Locke 骆家辉 , I.M. Pei 貝聿銘 , Janet Yang 杨燕子 , and Dr. David Ho 何大一 , as examples of Chinese Americans’ longstanding contributions to U.S. society. Paul directly addressed recurring “loyalty” questions, affirming his loyalty to the United States while rejecting the conflation of cultural heritage with foreign allegiance. Looking ahead, Paul emphasized leadership development and renewed people-to-people exchange through C100 initiatives aimed at preparing future leaders and sustaining dialogue despite political and logistical barriers. He defined success in terms of measurable outcomes: leadership advancement, policy impact, stronger partnerships, and effective responses to discrimination. As a member-driven initiative powered by C100, APA Justice advances fairness, equity, and belonging by protecting constitutional rights, combating racial profiling, and opposing discriminatory policies through coalition work, research, public education, and community mobilization. Webinar on State of Chinese Americans Survey WHAT : Perception and Reality: What U.S.–China Relations Mean for Chinese Americans Today WHEN : Wednesday, January 21, 2026, 4:00 PM ET / 1:00 PM PT WHERE: Webinar HOSTS : Committee of 100; NORC at the University of Chicago Moderator : Sheryl WuDunn , Executive, Lecturer, and Pulitzer Prize-Winning Journalist Presenter : Sam Collitt , Research and Data Scientist, Committee of 100 Panelists : · Madeline Y. Hsu , Professor of History, University of Maryland, College Park · Ian Shin , Assistant Professor of History and American Culture, University of Michigan DESCRIPTION : Committee of 100 partnered with NORC at the University of Chicago, one of the nation’s largest independent social research organizations, to conduct its third annual State of Chinese Americans Survey. This one-of-a-kind national survey examines U.S. public views on issues affecting Chinese Americans, building on insights from the previous two surveys. The research focuses on the cultural, health, and sociopolitical situations of today’s Chinese American population. Join the webinar for the launch of the first in a four-part series featuring national data on Americans’ views of U.S.–China relations, related domestic policies, and their impact on Chinese Americans. REGISTRATION: https://bit.ly/45evQ3s Gary Locke to Receive Elliot L. Richardson Prize WHAT: Elliot L. Richardson Prize for Exceptional Public Service WHEN: Wednesday, January 28, 6:00 - 9:00 p.m. WHERE: Ronald Reagan International Trade Building, 1300 Pennsylvania Ave NW, Washington, DC 20004 HOST: The National Academy of Public Administration DESCRIPTION: Secretary Janet L. Yellen , American Economist, former Treasury Secretary and former Chair of the Federal Reserve of the United States, and Governor Gary F. Locke , former U.S. Ambassador to China, U.S. Secretary of Commerce and Washington State Governor, will receive the Elliot L. Richardson Prize for Excellence in Public Service. Please join us in celebrating this year’s honorees for their extraordinary public service—an embodiment of the values championed by Elliot Richardson. A beacon of integrity and principled leadership, Richardson was a Fellow of the National Academy of Public Administration and served in four Cabinet-level roles, including Secretary of Health, Education, and Welfare; Secretary of Defense; Attorney General; and Secretary of Commerce. REGISTRATION: https://bit.ly/4jvoeQc National Asian Pacific American Museum Commission: Year-End Update Established by the 117th Congress, the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture is charged with delivering a comprehensive plan to the President and Congress to lay the groundwork for authorizing a national museum in Washington, D.C. honoring the achievements, history, and lasting impact of Asian Pacific Americans. Formally launched in April 2025, the bipartisan, congressionally appointed Commission began its work with a ceremonial swearing-in at the Library of Congress in June. Over its first eight months, the Commission has engaged hundreds of community members nationwide—including scholars, cultural leaders, and institutions across dozens of states—to help shape a roadmap for a future museum. In October, the Commission initiated a national listening tour, visiting New Jersey, Louisiana, and Northern California to gather extensive oral and written public input. These conversations have focused on how a national museum can authentically reflect the depth, diversity, and complexity of the Asian Pacific American experience. Additional site visits and community engagement are planned for 2026. The Commission also announced the selection of SmithGroup, a nationally recognized, research-driven design and planning firm, to evaluate potential museum locations and associated costs. This analysis will inform the Commission’s final report, to be delivered to Congress and the President in October 2026. Co-Chairs Chiling Tong 董繼玲 and Jay Xu 许杰 emphasized that this progress would not be possible without the support of donors and partners nationwide. As the year concluded, the Commission highlighted the historic opportunity to shape how Asian Pacific American histories are preserved and shared for generations to come and encouraged continued public engagement and support. With sustained momentum and broad community participation, 2026 is expected to be a pivotal year as the Commission advances toward congressional authorization of the nation’s first National Asian Pacific American Museum. Visit nationalapamuseum.org to learn more about the Commission’s work. ASA: The Nation’s Data At Risk The December 2025 report by the American Statistical Association (ASA) highlights the critical challenges facing the U.S. federal statistical system, which is experiencing unprecedented strain due to staff losses, funding shortfalls, and threats to statistical integrity. These issues have hindered agencies’ ability to innovate, engage data users, and fulfill their missions, jeopardizing the availability of accurate, timely, and credible statistics essential for evidence-based policymaking, economic management, and public trust. Key findings include: 1. Fragile Capacity and Eroding Trust : Agencies have lost significant staff, including senior managers and data scientists, leading to reduced innovation and delays in data releases. Public trust in federal statistics has declined from 57% in June 2025 to 52% in September 2025. 2. System Challenges : The decentralized structure of the statistical system hinders cross-agency collaboration, with no dedicated funding for system-wide initiatives. Barriers to data-sharing and outdated IT systems further limit efficiency and modernization. 3. Innovation Obstacles : Agencies face declining resources, procedural barriers, and a weakened culture of innovation. Advisory committees have been disbanded, and staff losses have curtailed modernization efforts. 4. Disconnect with Congressional Support : Despite the critical role of federal statistics, agencies remain underfunded due to the fragmented appropriations process and lack of consistent advocacy. The report provides nine new recommendations to address these challenges, including lifting hiring freezes, funding system-wide innovation, improving data accessibility, enhancing trust in federal statistics, and fostering cross-agency leadership development. It also calls for professional associations and stakeholders to strengthen advocacy and engagement with policymakers to secure adequate resources and support for statistical agencies. The report concludes that immediate action is needed to halt the decline of the federal statistical system and restore its capacity to deliver high-quality, trustworthy data that supports the nation’s governance, economy, and well-being. The report has spurred significant concern among experts and the public about the health of federal statistics. According to Federal News Network , “bedrock” federal data sets are disappearing as U.S. statistical agencies struggle with steep staffing and funding cuts, undermining the government’s ability to produce the high-quality data that underpin economic policy and public decision-making. Most agencies have lost 20–30% of their staff this year, and some surveys have been delayed, suspended, or canceled altogether. Former U.S. Chief Statistician Nancy Potok warned that “many statistical products just disappeared,” noting that cuts to contracts, funding, and personnel have left agencies unable to meet their missions. The Education Department’s National Center for Education Statistics, for example, now has just three employees following major workforce reductions. Mike Calabria , the current U.S. chief statistician, emphasized the need to strengthen data security and reverse the “long-term decline in response rates,” saying that people are less likely to participate if they don’t trust how their information will be protected. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2026/01/13 Conversations, Recollections, Pioneers and Heroes: Leroy Chiao 2026/01/21 Perception and Reality: What U.S.–China Relations Mean for Chinese Americans Today 2026/01/28 Elliot L. Richardson Prize for Exceptional Public Service 2026/01/29-30 The Jimmy Carter Forum on U.S.-China Relations2026/02/02 APA Justice Monthly Meeting 2026/02/11 Conversations, Recollections, Pioneers and Heroes: BD Wong Visit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF January 6, 2026 Previous Newsletter Next Newsletter

2020 was an unprecedented year that saw our nation increasingly divided and filled with anti-Asian hate. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. December 27, 2020 The year 2020 was one of unprecedented challenges that saw our nation increasingly divided, unable to control the COVID-19 pandemic that was filled with anti-Asian hate and continuing profiling of hundreds if not thousands of Chinese American scientists under investigations and prosecutions. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. On December 27, 2020, a virtual event was held with Professor Steven Pei as the host to conclude a successful GoFundMe campaign , which was reported by the World Journal under the headline 员工勇救亚裔 华人5天募10万 . During the event, Zach Owen and Bawi Cung took the stage to express their appreciation for the generous donations of more than $121,000 from over 2,700 individuals. President Qiang Gan and Treasurer Lin Li of ACP Foundation Dallas reported the state of the finances and various details of the fundraiser. Other organizers for the fundraiser include OCA Greater Houston (H.C. Chang and Cecil Fong); Reagan Hignojos , friend of the Cung Family; United Chinese Americans (Steven Pei); and APAPA Austin Texas Chapter (C.J. Zhao). Bawi Cung and his two boys, aged 2 & 6, were hate crime victims in Midland, TX on March 14, 2020. The suspect thought the Burmese family was Chinese and spreading the coronavirus and attacked them with a knife. As a bystander, Zach Owen disarmed the suspect bare handedly. Unfortunately, Zach’s right palm also suffered permanent injury and has retained only 40% of his grip strength. With the hope to find a better job in the west Texas oil field, Zach came to Midland from Oklahoma. The injury disqualifies him from many oil field jobs. He has also been treated for Post-Traumatic Stress Disorder (PTSD). The first $50,000 of donation will still be given to Zach on or before his birthday in mid-January 2021 to pay for his ongoing out-of-pocket medical bills, cover some of the financial deficit incurred due to the reduced working hours during his recovery period, and also help with Zach’s return to a normal life. We need more heroes like Zach Owen. Earlier on June 22, 2020, a coalition of Asian American organizations honored Zach Owen and Bernie Ramirez , a Border Patrol agent who also intervened in the violent anti-Asian stabbing with a special Lily and Vincent Chin Advocacy Award Ceremony . It was followed by the From Vincent Chin to George Floyd Webinar led by Helen Zia, award-winning journalist and community activist, and moderated by Gordon Quan, attorney and former Houston City Council member. On August 10, 2020, Zach Owen testified in the Tri-caucus Congressional Forum on Rise in Anti-Asian Bigotry during the COVID-19 Pandemic ,” which was organized by the Congressional Asian Pacific Americcan Caucus. 2020 was an unprecedented year that saw our nation increasingly divided and filled with anti-Asian hate. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. Previous Next 2020 Ends With A Positive Story

Newsletter - #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + In This Issue #221 · Happy Thanksgiving! · How America Lost The Heart of China's Top Talent · Government Shutdown Averted For Now · Secret Surveillance Program Gives Cops Access to US Phone Records · News and Activities for the Communities Happy Thanksgiving! How America Lost The Heart of China's Top Talent According to the Brookings Institution, there is a perception that Chinese talented youth are itching to flock to American shores. However, the reality is quite the opposition: Just this year, India has eclipsed China in sending the most international students to the United States. This is the first time has lost that distinction since 2008.Although Chinese students' enrollment in the United States has rebounded this year, this growth may not reflect the choices of China's top talent.Quality, not quantity, is paramount. A recent report from Tsinghua University, China's leading institution, reveals the trend for China's top talent: Over the past few years, the number of Tsinghua graduates who chose to study in the U.S. plummeted - from 11% in 2018 to a mere 3% in 2021. Many attribute this to the pandemic; however, the proportion of Tsinghua graduates studying in the United Kingdom has not declined at all, and the number choosing to study in Singapore has even risen. American higher education has diminished appeal for China's best and brightest. There is fear and anxiety about what they perceive as "a hostile America" toward China - specifically, the U.S. policies targeting Chinese talent and the broader anti-China rhetoric. Instead they would rather compete to get into the graduate program at Tsinghua or other top Chinese institutions. This sentiment marks a significant change from the 1980s and 1990s. The geopolitical tensions between the U.S. and China are chilling Chinese students' passion for American education. Trump administration-era policies have been continued by the Biden administration.In other words, souring US-China relations, rising anti-China sentiments, and the concurrent, dramatic increase in anti-Asian hate crimes have inadvertently helped alleviate China's brain drain.The other reason for top students staying in China is the ascendancy of Chinese universities. Some opinion leaders in the U.S. so not fully grasp how American science and technology education and innovation depend on foreign talent, of which Chinese talent is among the largest. They consider Chinese students as threats to U.S. national security based on their incorrect assumptions. Whether the U.S. has permanently lost its charm with regard to China's top talent remains unknown. Whole concerns over intellectual theft are valid, any policy or discourse that weaponizes this concern, and targets groups based on their race, ethnicity, or national origin is fundamentally against American values and interests.Read the Brookings Institution opinion: https://bit.ly/40Jwsus The South China Morning Post reported that only 211 Americans studied in mainland China during the 2021-22 school year, according to the 2023 version of an annual US government-funded study by the Institute of International Education (IIE). In contrast, from 2018 to 2019, there were more than 11,000 American students in the mainland.The same study showed that during the 2022 to 2023 school year, 289,526 Chinese studied in the US, a slight decrease from the 290,086 during the previous school year. Enrolment from India, the second-largest source of foreign students in the US, reached an all-time high of 268,923 in the 2022-23 academic year, an increase of 35 per cent over the previous year.According to the Chinese embassy in Washington, during the past two-plus years, at least 70 Chinese students with legal visas were “interrogated, harassed and deported” by US law enforcement at their port of entry.The State Department issued about 91,000 visas this year to Chinese students, according to Brenda Grewe of the department’s Bureau of Consular Affairs. Marianne Craven , also of the State Department, said Chinese students were a “priority and valued by US universities”, noting that China is a key country for colleges’ recruitment efforts. U.S. Ambassador to China Nicholas Burns said getting people-to-people interactions back on track was a “major priority” for him. Continuing a trend from the previous academic year, the number of Chinese pursuing undergraduate studies decreased during 2022-23, to 100,349 – a decrease of 8.4 per cent. Like last year, Chinese graduate students saw a single-digit percentage increase. From 2022-23, the number of graduate students rose by 2.3 per cent to 126,028, accounting for the plurality of the Chinese student population in the US at 43.5 per cent. And like last year, about half of the Chinese students studied maths, computer science, engineering and other “STEM” subjects. Read the South China Morning Post report: https://bit.ly/3QOdMW0 Government Shutdown Averted For Now According to multiple media reports including CNN , President Joe Biden signed on November 16 the stopgap spending bill into law, averting a shutdown for now and setting up a contentious fight over funding in the new year. The plan is not a full-year spending bill and only extends funding until January 19 for priorities including military construction, veterans’ affairs, transportation, housing and the Energy Department. The rest of the government – anything not covered by the first step – will be funded until February 2.Read the CNN report: https://cnn.it/3G7JsRm Secret Surveillance Program Gives Cops Access to US Phone Records According to WIRED , a secretive government program is allowing federal, state, and local law enforcement to access phone records of Americans who are not suspected of a crime. US senator Ron Wyden wrote a letter to the Department of Justice (DOJ), challenging the program’s legality. A surveillance program now known as Data Analytical Services, or DAS, has for more than a decade allowed federal, state, and local law enforcement agencies to mine the details of Americans’ calls, analyzing the phone records of countless people unsuspected of any crime, including victims. Using a technique known as chain analysis, the program targets not only those in direct phone contact with a criminal suspect but anyone with whom those individuals have been in contact with as well. The DAS program, formerly known as Hemisphere, is run in coordination with the telecom giant AT&T, which captures and conducts analysis of US call records for law enforcement agencies, from local police and sheriffs’ departments to US customs offices and postal inspectors across the country,First disclosed by the New York Times in September 2013 as Hemisphere, the DAS program—renamed in 2013—has since largely flown under the radar. Internal records obtained by the newspaper at the time concerning the program’s secrecy show that law enforcement had long been instructed to never “refer to Hemisphere in any official document.”The collection of call record data under DAS is not wiretapping, which on US soil requires a warrant based on probable cause. Call records stored by AT&T do not include recordings of any conversations. Instead, the records include a variety of identifying information, such as the caller and recipient’s names, phone numbers, and the dates and times they placed calls, for six months or more at a time. Documents released under public records laws show the DAS program has been used to produce location information on criminal suspects and their known associates, a practice deemed unconstitutional without a warrant in 2018. Earlier this month, Wyden and other lawmakers in the House and Senate introduced comprehensive privacy legislation known as the Government Surveillance Reform Act. The bill contains numerous provisions that, if enacted, would patch most if not all of these loopholes, effectively rendering the DAS program, in its current form, explicitly illegal. Read the WIRED report: https://bit.ly/46xYGtG News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/11/26 Rep. Gene Wu 's Weekly town hall meeting2023/12/03 Rep. Gene Wu 's Weekly town hall meeting2023/12/04 APA Justice monthly meeting 2023/12/10 Rep. Gene Wu 's Weekly town hall meeting2023/12/12 Community Briefing on Section 7022023/12/13 1882 Foundation - Repeal of Chinese Exclusion and Wang Kim Ark2023/12/17 Rep. Gene Wu 's Weekly town hall meetingVisit https://bit.ly/45KGyga for event details. 2. Cosmos Club Luncheon Event on US-China Science and Technology Relations On November 16, 2023, the Cosmos Club hosted an in-person luncheon event on "Challenges and Opportunities: Defining US-China Science and Technology Relations." The featured speakers were Rebecca Spyke Keiser , chief of research security strategy and policy at the National Science Foundation (NSF), and Tobin (Toby) Smith , senior vice president for government relations and public policy at the Association of American Universities (AAU). They were engaged in an interactive discussion on the complex relationship between the US and China and its bearings on a plethora of science policy issues. Back View PDF November 22, 2023 Previous Newsletter Next Newsletter

As part of his opening remarks during a House Intelligence Committee hearing, Chairman Adam Schiff spoke out against profiling Chinese Americans. May 16, 2019 As part of his opening remarks during the House Intelligence Committee hearing on " China's Digital Authoritarianism: Surveillance, Influence, and Political Control " on May 16, 2019, Chairman Adam Schiff (D-CA) stated: I would like to end on a serious note about the importance of ensuring that we confront the issue ahead in the most objective way, and consistent with our Nation’s principles and values. While competition with China is inevitable, conflict is not and we must strive to avoid making it so. We must also guard against betraying our values at home even as we champion them abroad. There must be no place for racial profiling or ethnic targeting in meeting to rise of China. In America, one of our enduring strengths is welcoming and celebrating diversity. Chinese Americans have made countless contributions to our society. Chinese Americans are Grammy-winning producers, Olympic medalists, cutting-edge scientists, successful entrepreneurs, academics, acclaimed artists, and some of our most successful intelligence officers and national security professionals. We would all be wise to view Chinese Americans as one source of our great strength and not with pernicious suspicion. As part of his opening remarks during a House Intelligence Committee hearing, Chairman Adam Schiff spoke out against profiling Chinese Americans. Previous Next House Intelligence Committee Chairman Adam Schiff Statement on Racial Profiling

Newsletter - #129 Biden Signs Bill to Create Museum; Norm Goes Home to San Jose; Catch Up with the News #129 Biden Signs Bill to Create Museum; Norm Goes Home to San Jose; Catch Up with the News Back View PDF June 14, 2022 Previous Newsletter Next Newsletter

Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. September 15, 2021 Table of Contents Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Links and References Overview Over a two-day period in July 2021, five similar prosecutions against Chinese researchers were summarily dropped without explanation by the Department of Justice (DOJ). They were suspected to belong to the Chinese military and might be stealing American industrial secrets under the China Initiative, but were not charged for espionage. A week earlier, DOJ dismissed charges, also without explanation, against Qing Wang, a Chinese American researcher in Cleveland, who was accused under the China Initiative of failing to disclose his affiliation with a Chinese university from which he had received funding. Less than two months later in September, a federal judge acquitted Anming Hu, a Chinese Canadian engineering professor in Tennessee, of charges stemming from allegations under the China Initiative that he hid his joint academic appointment in China in obtaining research funding from NASA. Having a mistrial and six cases dismissed within several weeks “is extraordinary,” a former federal prosecutor said. “It really undermines the credibility of the [China] initiative.” These high-profile cases raise the question of whether the China Initiative designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. “Security Initiative’s aim is questioned” On September 15, 2021, the Washington Post published on its front page As cases fail, security initiative's aim is questioned . To federal investigators, Qing Wang was an example of China’s growing effort to co-opt scientists in the United States — part of a vast campaign to steal American secrets and technology. But a string of dismissed cases including Wang's has amplified concerns among some lawmakers and activists about whether prosecutors have been overzealous in pursuing researchers of Chinese descent. The issue goes beyond whether the government is bringing prosecutions it can win. Critics say the cases raise the question of whether a program designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. In many of the cases, the Justice Department is “using language akin to spycraft, but that’s not substantiated by the charges they are bringing,” said George P. Varghese, a former federal prosecutor in Boston. For the 20 or so academics prosecuted in the past three years and linked to the China Initiative, most charges related to lack of candor — making false statements or failing to disclose ties to Chinese institutions — rather than intent to spy. All but a few of the researchers are of Chinese descent. John Hemann, a former federal prosecutor in San Francisco, worked the flagship China Initiative case: the 2018 indictment of Chinese state-owned Fujian Jinhua. He said the department was successfully prosecuting China-related economic espionage cases long before the China Initiative. But pressure to demonstrate the initiative’s success — to “show statistics,” he said, “has caused a program focused on the Chinese government to morph into a people-of-Chinese-descent initiative,’’ including Chinese-born scientists working in the United States. “Why Trump’s anti-spy ‘China Initiative’ is unraveling” On September 16, 2021, LA Times published Why Trump’s anti-spy ‘China Initiative’ is unraveling . The article covered recently dropped "China Initiative" cases including visiting UCLA researcher Lei Guan and University of Tennessee Professor Anming Hu. Michael German, a former FBI agent who serves as a fellow for the Brennan Center for Justice, said the recent dismissals revealed how weak many of the cases were. “Obviously, the FBI and Justice Department are under pressure to produce indictments against people with a so-called ‘nexus to China’ to match the political rhetoric sensationalizing the espionage threat from the Chinese government,” he said. “Even FBI analysts appear to have felt the investigators’ effort to connect these defendants to the Chinese military was overwrought.” Although much remains unknown about the Trump-era campaign, it appears that a major problem was its decision to focus on Chinese nationals and Chinese Americans working in major U.S. research universities. Not only did that approach fail to turn up persuasive evidence of spying, but the emphasis on going after a small number of individuals for academic fraud seemed too small-scale to make a dent in a purportedly massive problem. Moreover, the FBI’s tactics struck many Asian Americans as heavy-handed and discriminatory. The campaign came at a time when Asian Americans across the country were under attack with hate crimes. Defending the program, FBI Director Christopher A. Wray warned that Beijing, in its effort to overtake the U.S. economy, had resorted to industrial espionage using “non-traditional collectors” such as researchers and graduate students. He told a China Initiative conference in 2020 that the FBI had about 1,000 investigations involving China’s attempt to steal U.S.-based technology. In April 2021, the director testified before Congress that the bureau had about 2,000 open cases of economic espionage that “tie back to the Chinese government,” representing a 1,300% increase over the last few years. But in the nearly three years since the program’s launch, the China Initiative has brought just 12 prosecutions of people at academic institutions and has won convictions of four individuals. In none of those four cases did the government provide evidence of economic espionage or theft of trade secrets or intellectual property. “Has the ‘China Initiative’ Run Its Course?” On September 17, 2021, the Editor-in-Chief of The Diplomat published Has the ‘China Initiative’ Run Its Course ? The comprehensive article raised the question: After a resounding legal defeat, will the Justice Department change stance on the controversial program? The initiative potentially covers a lot of ground, making it hard at times to know what officially counts as part of the "China Initiative." “No one has been able to explain to me how a case gets labeled a China Initiative case,” [Seton Hall University Law Professor Margaret] Lewis said. “…By nature, it’s a bit of an amorphous creature.” “Is China Initiative Out of Control?” On September 25, 2021, the University World News published Professor acquittal - Is China Initiative out of control? Dr. Anming Hu, a University of Tennessee, Knoxville professor, faced federal charges related to his alleged connection to Beijing University of Technology while receiving funding from NASA. He was the first to go to trial under the China Initiative, which aims to prevent economic espionage and technology theft. However, Judge Thomas A Varlan dismissed all charges, criticizing the FBI's weak case. Despite this, Hu faced a lengthy legal ordeal, beginning with an indictment in 2020. The FBI's investigation relied on questionable evidence, including Google Translate translations and a lack of understanding of NASA grant procedures. The prosecution's case crumbled under scrutiny, revealing flaws in the FBI's methods and biases against individuals of Chinese descent. Jurors expressed disbelief in the case's merit, leading to a mistrial. The China Initiative, criticized for targeting individuals based on ethnicity, has faced calls for its end. Concerns about racial profiling and the initiative's effectiveness have prompted scrutiny from scholars, former prosecutors, and lawmakers. Despite the dismissal of charges, Hu's ordeal underscores the need for reform in how such cases are handled and the impact of biased policies on individuals and communities. “How A Chinese-Spy Hunt At DOJ Went Too Far” On September 28, 2021, Law360 published “Overheated”: How a Chinese-Spy Hunt at DOJ Went Too Far . In July 2020, Dr. Chen Song and four other visiting Chinese scientists were arrested under the China Initiative and accused of concealing their military affiliations while applying for visas in the U.S. Their cases were dropped in July 2021. Documents unearthed in the cases show politics and pressure from the top propelling bad cases forward, overwhelming skeptics within the government. Two of the visa defendants spent more than a year in jail, even though their cases were ultimately abandoned. Another was locked up nine months, with his fiancée jailed for two months as a possible witness. Song was one of the lucky ones, spending only four days in jail. According to a Law360 analysis, nearly two dozen academics have been indicted under the China Initiative, including U.S. citizens and longtime residents, and the overwhelming majority have been charged for errors on government paperwork or alleged false statements to investigators. More cases have ended in dismissals than convictions, and many defendants have accused investigators of misconduct. The initiative has led to a significant exodus of Chinese researchers from the U.S., with concerns about persecution driving many to leave. Critics also point out that the focus on Chinese economic espionage overlooks other national security threats, leading to calls for reforms and an internal DOJ investigation into the initiative. Jump to: Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. Previous Next 10. The China Initiative Unraveling and Out of Control