Legal Docket by CourtListener: United States v. Hu (TV1) (3:20-cr-00021)
University of Tennessee Knoxville Faculty Senate President Home Page: https://bit.ly/3Cr67F1
You can support Professor Anming Hu by making a donation to his legal defense fund: https://gofund.me/54289bcb
You can support Professor Anming Hu by making a donation to his legal defense fund: https://gofund.me/54289bcb
Call for Withdrawal of Casey Arrowood Nomination
2022/08/31 Tennessee Lookout: Asian American groups urge rejection of nominee for U.S. Attorney in Tennessee’s Eastern District
2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination
2022/08/01 Congress.gov: PN2444 — Casey T. Arrowood — Department of Justice
2022/07/29 White House: President Biden Announces Three New Nominees to Serve as U.S. Attorneys, One to Serve as U.S. Marshal
2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination
2022/08/01 Congress.gov: PN2444 — Casey T. Arrowood — Department of Justice
2022/07/29 White House: President Biden Announces Three New Nominees to Serve as U.S. Attorneys, One to Serve as U.S. Marshal
On February 1, 2022, the University of Tennessee Knoxville reinstated Professor Anming Hu.
The healing process starts.
The healing process starts.
2022/02/23 Knox News: Anming Hu rebuilds life, career at the University of Tennessee after beating false charges
2022/02/04 Inside Higher Ed: UT Knoxville Reinstates Professor Acquitted of Fraud Charges
2022/02/03 Knox News: Anming Hu, professor falsely accused of espionage, reinstated by University of Tennessee
2022/02/04 Inside Higher Ed: UT Knoxville Reinstates Professor Acquitted of Fraud Charges
2022/02/03 Knox News: Anming Hu, professor falsely accused of espionage, reinstated by University of Tennessee
Webinar: The China Initiative and Professor Anming Hu’s Case
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YouTube video: https://bit.ly/3skUywG (1:34:56)
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WHEN: December 18, 2021
WHAT: Online Webinar
EVENT: https://bit.ly/3x64cC0; YouTube: https://bit.ly/3skUywG (1:34:56)
DESCRIPTION: Professor Anming Hu of the University of Tennessee, Knoxville, was the first academic to stand trial under the Department of Justice's China Initiative. After an initial visit from the FBI in 2018, he was charged in early 2020 for fraud and false statements, and the trial took place in June 2021.
When the jury deadlocked, the judge declared a mistrial and the government sought a second trial. That trial never happened because the judge issued a full acquittal on the basis that the government failed to meet its evidentiary burden.
In this webinar, Professor Hu will share his personal experience. Mara Hvistendahl and Jamie Satterfield will provide observations as reporters who closely followed the case. Professor Margaret Lewis will moderate and contribute legal analysis.
HOST: Asian American Scholar Forum
MODERATOR: Margaret K. Lewis, Professor of Law, Seton Hall University School of Law
Speakers:
WHAT: Online Webinar
EVENT: https://bit.ly/3x64cC0; YouTube: https://bit.ly/3skUywG (1:34:56)
DESCRIPTION: Professor Anming Hu of the University of Tennessee, Knoxville, was the first academic to stand trial under the Department of Justice's China Initiative. After an initial visit from the FBI in 2018, he was charged in early 2020 for fraud and false statements, and the trial took place in June 2021.
When the jury deadlocked, the judge declared a mistrial and the government sought a second trial. That trial never happened because the judge issued a full acquittal on the basis that the government failed to meet its evidentiary burden.
In this webinar, Professor Hu will share his personal experience. Mara Hvistendahl and Jamie Satterfield will provide observations as reporters who closely followed the case. Professor Margaret Lewis will moderate and contribute legal analysis.
HOST: Asian American Scholar Forum
MODERATOR: Margaret K. Lewis, Professor of Law, Seton Hall University School of Law
Speakers:
- Dr. Anming Hu, Associate Professor, University of Tennessee at Knoxville
- Mara Hvistendahl, Investigative reporter with The Intercept and the author of the book The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage, on a case that foreshadowed the China Initiative
- Jamie Satterfield, Investigative journalist with more than 33 years of experience, specializing in legal affairs, policing, public corruption, environmental crime and civil rights violations
UTK Offered to Reinstate Professor Anming Hu
On October 15, 2021, Knox News reported that the University of Tennessee at Knoxville (UTK) has offered to reinstate Professor Anming Hu, the professor who was fired after he was falsely accused of espionage by the U.S. government. In a letter dated October 14, 2021, obtained by Knox News, Provost and Senior Vice Chancellor John Zomchick detailed the offer to the world-renowned nanotechnology expert. Read more about the Knox News report: https://bit.ly/3j9Ts1k.
Among the provisions, Hu has been offered:
On October 17, 2021, AP published University offers to rehire prof acquitted of ties to China, which has been picked up by national and local media. Phil Lomonaco, attorney for Professor Hu, has accepted the invitation to provide an update on Professor Hu's situation in the next APA Justice monthly meeting on November 1, 2021.
Links and References
2021/12/20 Times Higher Education: Faces of 2021: who shaped the higher education headlines this year
2021/12/01 UT Daily Beacon: 10 campus events that defined the fall 2021 semester
2021/11/28 New York Times: As U.S. Hunts for Chinese Spies, University Scientists Warn of Backlash
2021/11/11 University of Minnesota China Center: Considering Criminal Law's Role in Research Security
2021/10/29 UT Daily Beacon: University offers to reinstate professor acquitted of espionage charges
2021/10/27 Knox News: Former Tennessee professor Anming Hu urges university and lawmakers to speed up his rehiring
Chronicle of Higher Education: When a Scholar Is Accused of Being a Spy
2021/10/20 UT Daily: ‘America reacts badly when it gets scared’: CNN’s Fareed Zakaria speaks at China Town Hall
Ohio Chinese American Association 俄州亚太联盟: 胡安明教授将复职并获工资补偿与实验室重启经费
2021/10/19 NBC News: How a federal push to stop Chinese scientists from stealing U.S. secrets has sputtered in court
Voice of America: 被控隐瞒与中国关系的教授胡安明被法官宣布无罪后 田纳西大学提出愿恢复其教职
National Committee on U.S.-China Relations: CHINA Town Hall 2021: Fareed Zakaria
2021/10/18 Inside Higher Ed: UT Knoxville Offers to Reinstate Acquitted Professor
Science: University offers to rehire professor acquitted of hiding China ties
2021/10/17 AP: University offers to rehire prof acquitted of ties to China
South China Morning Post: Professor was cleared of hiding ties to China: US university wants him back
2021/10/16 The Hill: Professor cleared of inappropriate relationship with China offered position back at University of Tennessee
2021/10/15 Knox News: University of Tennessee offers to reinstate Anming Hu, who was fired after false spy case
2019/10 American Association of University Professors: Association Procedures in Academic Freedom and Tenure Cases
Among the provisions, Hu has been offered:
- A tenured faculty position in the Tickle College of Engineering;
- Back pay for the time he was suspended without pay. However, he will not be paid for the time between his termination and his reinstatement;
- Payment for an immigration attorney at the same rate he was paying his original immigration attorney;
- Assistance in helping him reestablish his research program, totaling $200,000 over three years;
- An explanation of what the university is doing to support his work visa. Hu needs a visa to work at the university because he is a naturalized Canadian citizen.
On October 17, 2021, AP published University offers to rehire prof acquitted of ties to China, which has been picked up by national and local media. Phil Lomonaco, attorney for Professor Hu, has accepted the invitation to provide an update on Professor Hu's situation in the next APA Justice monthly meeting on November 1, 2021.
Links and References
2021/12/20 Times Higher Education: Faces of 2021: who shaped the higher education headlines this year
2021/12/01 UT Daily Beacon: 10 campus events that defined the fall 2021 semester
2021/11/28 New York Times: As U.S. Hunts for Chinese Spies, University Scientists Warn of Backlash
2021/11/11 University of Minnesota China Center: Considering Criminal Law's Role in Research Security
2021/10/29 UT Daily Beacon: University offers to reinstate professor acquitted of espionage charges
2021/10/27 Knox News: Former Tennessee professor Anming Hu urges university and lawmakers to speed up his rehiring
Chronicle of Higher Education: When a Scholar Is Accused of Being a Spy
2021/10/20 UT Daily: ‘America reacts badly when it gets scared’: CNN’s Fareed Zakaria speaks at China Town Hall
Ohio Chinese American Association 俄州亚太联盟: 胡安明教授将复职并获工资补偿与实验室重启经费
2021/10/19 NBC News: How a federal push to stop Chinese scientists from stealing U.S. secrets has sputtered in court
Voice of America: 被控隐瞒与中国关系的教授胡安明被法官宣布无罪后 田纳西大学提出愿恢复其教职
National Committee on U.S.-China Relations: CHINA Town Hall 2021: Fareed Zakaria
2021/10/18 Inside Higher Ed: UT Knoxville Offers to Reinstate Acquitted Professor
Science: University offers to rehire professor acquitted of hiding China ties
2021/10/17 AP: University offers to rehire prof acquitted of ties to China
South China Morning Post: Professor was cleared of hiding ties to China: US university wants him back
2021/10/16 The Hill: Professor cleared of inappropriate relationship with China offered position back at University of Tennessee
2021/10/15 Knox News: University of Tennessee offers to reinstate Anming Hu, who was fired after false spy case
2019/10 American Association of University Professors: Association Procedures in Academic Freedom and Tenure Cases
Timeline of Investigation, Trial, and Reinstatement of Professor Anming Hu
Click on image for enlarged view
Catch-22: UTK Owes an Explanation on Professor Anming Hu's Case
The web page of Dr. Louis Gross, Senate Faculty President of the University of Tennessee Knoxville (UTK), provides a glimpse of how UTK has been addressing Professor Anming Hu's case after a mistrial was declared in June 2021.
On September 10, 2021, UTK Chancellor Dr. Donde Plowman informed Dr. Gross and Dr. Beauvais Lyons, Faculty Representative on the UTK
Advisory Board, that if Dr. Hu "is able to verify authorization to work in the United States in the next year, the administrative termination will be
reversed, and his faculty appointment will be reinstated with expectations in place around disclosures and outside interests."
In response, Dr. Gross expressed concern that Dr. Plowman's letter is inconsistent with the UTK Faculty Handbook, which states that "full restitution of salary, academic position and tenure lost during the suspension without pay will be made." Dr. Gross also described an apparent catch-22 situation "because Professor Hu lost his work authorization due to UTK action so it is not clear that he can possibly re-attain work authorization without first having his position and employment here restored."
In his separate response, Dr. Lyons urged UTK to take steps to reinstate Professor Hu to his faculty position. "This is not only about doing what is right, but damage control for our institutional reputation," he wrote. Dr. Lyons also expressed three concerns. On September 13, 2021, Dr. Lyons and the Faculty Senate Faculty Affairs Committee which he chairs sent a memoradum including a set of 10 questions for UTK Provost Dr. John Zomchick to address at the September 20 Senate meeting.
Professor Mary McAlpin, President of the UTK Chapter of the American Association of University Professors (AAUP), addressed three major concerns regarding the case of Professor Anming Hu in the September 13 APA Justice monthly meeting, including the Catch-22 situation created by the UTK administration. UTK/AAUP, the Asian American Scholar Forum, The Committee of Concerned Scientists, and others have called for UTK to reinstate Professor Hu without further delay. The UTK Senate Faculty held a public meeting on September 20, 2021.
APA Justice invited UTK Provost Dr. John Zomchick (invitation letter) and UTK Faculty Senate President Dr. Louis Gross (invitation letter) to speak on both Dr. Hu reinstatement and UTK policies and practices in the October 5, 2021 monthly meeting. Dr. Zomchick declined by stating that "this is an ongoing personnel matter that involves ongoing communication between the university and Dr. Hu’s legal representation." Dr. Gross has accepted the invitation.
Links and References
2021/10/26 John Zomchick: Invitation to Attend AAPI Faculty Member Listening and Learning Session
2021/10/18 APA Justice: Invitation to UT President Mr. Randy Boyd to Speak in November 1 Monthly Meeting
2021/10/11 Knox News opinion: UT leaders must right a wrong and reinstate professor wrongly accused in spy case | Ashe
APA Justice: Invitation to UTK Chancellor Dr. Donde Plowman to Speak in November 1 Monthly Meeting
2021/10/10 Times Higher Education: US universities take closer look at faculty distractions
2021/10/03 Knox News: University of Tennessee at Knoxville faculty call on the school to reinstate Anming Hu
2021/09/25 World University News: Professor acquittal – Is China Initiative out of control?
2021/09/24 Nature: University under pressure to rehire scientist acquitted of hiding China links
Inside Higher Ed: Guilty Until Proven Innocent?
2021/09/22 SupChina: Calls to end ‘China Initiative’ intensify after Anming Hu acquittal
2021/09/20 APA Justice: Invitation to UTK Provost Dr. John Zomchick to Speak in October 5 Monthly Meeting
APA Justice: Invitation to UTK Faculty Senate President Dr. Louis Gross to Speak in October 5 Monthly Meeting
2021/09/13 APA Justice: Summary of September Monthly Meeting
Committee of Concerned Scientists: Chinese American at the University of Tennessee Tried by the United States for Working With China: All Charges Dropped. Government Did Not Make A Case
2021/07/08 Asian American Scholar Forum: Open Letter: Call for immediate reinstatement of Prof. Anming Hu’s tenure
On September 10, 2021, UTK Chancellor Dr. Donde Plowman informed Dr. Gross and Dr. Beauvais Lyons, Faculty Representative on the UTK
Advisory Board, that if Dr. Hu "is able to verify authorization to work in the United States in the next year, the administrative termination will be
reversed, and his faculty appointment will be reinstated with expectations in place around disclosures and outside interests."
In response, Dr. Gross expressed concern that Dr. Plowman's letter is inconsistent with the UTK Faculty Handbook, which states that "full restitution of salary, academic position and tenure lost during the suspension without pay will be made." Dr. Gross also described an apparent catch-22 situation "because Professor Hu lost his work authorization due to UTK action so it is not clear that he can possibly re-attain work authorization without first having his position and employment here restored."
In his separate response, Dr. Lyons urged UTK to take steps to reinstate Professor Hu to his faculty position. "This is not only about doing what is right, but damage control for our institutional reputation," he wrote. Dr. Lyons also expressed three concerns. On September 13, 2021, Dr. Lyons and the Faculty Senate Faculty Affairs Committee which he chairs sent a memoradum including a set of 10 questions for UTK Provost Dr. John Zomchick to address at the September 20 Senate meeting.
Professor Mary McAlpin, President of the UTK Chapter of the American Association of University Professors (AAUP), addressed three major concerns regarding the case of Professor Anming Hu in the September 13 APA Justice monthly meeting, including the Catch-22 situation created by the UTK administration. UTK/AAUP, the Asian American Scholar Forum, The Committee of Concerned Scientists, and others have called for UTK to reinstate Professor Hu without further delay. The UTK Senate Faculty held a public meeting on September 20, 2021.
APA Justice invited UTK Provost Dr. John Zomchick (invitation letter) and UTK Faculty Senate President Dr. Louis Gross (invitation letter) to speak on both Dr. Hu reinstatement and UTK policies and practices in the October 5, 2021 monthly meeting. Dr. Zomchick declined by stating that "this is an ongoing personnel matter that involves ongoing communication between the university and Dr. Hu’s legal representation." Dr. Gross has accepted the invitation.
Links and References
2021/10/26 John Zomchick: Invitation to Attend AAPI Faculty Member Listening and Learning Session
2021/10/18 APA Justice: Invitation to UT President Mr. Randy Boyd to Speak in November 1 Monthly Meeting
2021/10/11 Knox News opinion: UT leaders must right a wrong and reinstate professor wrongly accused in spy case | Ashe
APA Justice: Invitation to UTK Chancellor Dr. Donde Plowman to Speak in November 1 Monthly Meeting
2021/10/10 Times Higher Education: US universities take closer look at faculty distractions
2021/10/03 Knox News: University of Tennessee at Knoxville faculty call on the school to reinstate Anming Hu
2021/09/25 World University News: Professor acquittal – Is China Initiative out of control?
2021/09/24 Nature: University under pressure to rehire scientist acquitted of hiding China links
Inside Higher Ed: Guilty Until Proven Innocent?
2021/09/22 SupChina: Calls to end ‘China Initiative’ intensify after Anming Hu acquittal
2021/09/20 APA Justice: Invitation to UTK Provost Dr. John Zomchick to Speak in October 5 Monthly Meeting
APA Justice: Invitation to UTK Faculty Senate President Dr. Louis Gross to Speak in October 5 Monthly Meeting
2021/09/13 APA Justice: Summary of September Monthly Meeting
Committee of Concerned Scientists: Chinese American at the University of Tennessee Tried by the United States for Working With China: All Charges Dropped. Government Did Not Make A Case
2021/07/08 Asian American Scholar Forum: Open Letter: Call for immediate reinstatement of Prof. Anming Hu’s tenure
Remarks by Professor Anming Hu, Wife Ivy Yang, and Attorney Phil Lomonaco
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On September 13, 2021, Professor Anming Hu, his wife Ivy Yang, and Attorney Phil Lomonaco gave remarks at the opening of the APA Justice monthly meeting. YouTube video of the meeting is posted at https://bit.ly/3ki3jmI.
Time marks of the video (48:00)
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Professor Anming Hu Acquitted!!!
Click on the image to view the ruling
On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment.
Professor Hu is the first academic to go to jury trial under the "China Initiative launched by the Department of Justice (DOJ). The trial revealed the zeal of the misguided “China Initiative” to criminalize Professor Hu with reckless and deplorable tactics of spreading false information to cast him as a spy for China and press him to become a spy for the U.S. government. When these efforts failed, DOJ brought charges against Professor Hu for intentionally hiding his ties to a Chinese university, which also fell apart upon cross examination during the trial.
A former juror said after the trial, “It was the most ridiculous case.” About the FBI, she added: “If this is who is protecting America, we’ve got problems.”
Despite these egregious abuses of authority, DOJ motioned for a retrial of Professor Hu on July 30, 2021. The blatant disregard of the facts and misconduct in the first trial outraged APA Justice, as well as members of Congress, national and local organizations, the Asian American community, and the general public.
Judge Varlan wrote on page 42 of the 52-page ruling acquitting Hu that "the government has failed to provide sufficient evidence from which any rational jury could find, beyond a reasonable doubt, that defendant had specific intent to defraud NASA by hiding his affiliation with BJUT [Beijing University of Technology] from UTK [University of Tennessee, Knoxville]."
According to two legal experts, the judge's ruling has particular significance and relevance in similar cases against an academic under the "China Initiative." On page 38 of the ruling, the judge wrote
The Sixth Circuit’s Frost decision is squarely aligned with Takhalov’s conclusion that the federal wire fraud statute requires the intent to cause a tangible harm to the victim regarding the benefit of the bargain between the parties. Frost’s ultimate conclusion that the lack of tangible harm meant there was insufficient evidence on the element of intent to Case 3:20-cr-00021-TAV-DCP Document 141 Filed 09/09/21 Page 38 of 52 PageID #: 2333 39 defraud, 125 F.3d at 361–62, further confirms that Takhalov’s definition of the term “defraud” in the federal wire fraud statute is correct and applies equally in this Circuit.
The two legal experts opined that for establish a charge on wire fraud, the judge here required a high standard of “a specific intent to defraud” so as to receive some financial benefits. Professor Hu’s alleged hiding of his relationship with a certain Chinese university was not to defraud NASA for money. Accordingly, the wire fraud charges should be dropped. This means that this will make DOJ's wire fraud charge against other professors considerably harder.
In addition, the judge carefully described how the University of Tennessee failed to provide clear guidance and training to the professors on the restrictions of the collaboration with Chinese institutions, which explains why Professor Hu did not fully disclose his affiliation with the Chinese university. This problem is common in nearly all universities in the U.S. and can now be used as a reason to fight the charges against the professors.
Links and References
2021/09/16 JDSupra: Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions
AIP: Judge Acquits Nanotechnologist as Pressure Mounts on DOJ China Initiative
2021/09/15 Indian Express: Explained: Why academics are urging US to end initiative looking for ‘Chinese spies’ in universities
2021/09/14 Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/09/13 American Institute of Physics: Judge Acquits Nanotechnologist in DOJ China Initiative Case
Committee of Concerned Scientists: Chinese American at the University of Tennessee Tried by the United States for Working With China: All Charges Dropped. Government Did Not Make A Case.
Yellow Whistle: The Yellow Whistle Commends Due Process and the Efforts of AAPI Civil Rights Groups in the Acquittal of Professor Anming Hu
2021/09/11 Next Shark: Tennessee professor accused of spying for China is acquitted by federal judge
Texas News Today: Federal Judge Approves Tennessee Professor in Relations with China | Voice of America
俄州亚太联盟: 美国会亚裔党团CAPAC成员就胡安明博士在基于虚假证据的误审后被宣判无罪发表声明
2021/09/10 South China Morning Post: US federal judge acquits professor Hu Anming of fraud after push to expose Chinese spies
Inside Higher Ed: Researcher Accused of Concealing China Ties Acquitted
Times Higher Education: China spying case ends as US judge acquits Anming Hu
Washington Post: Federal judge acquits Tennessee professor with ties to China
AP: Federal judge acquits Tennessee professor with ties to China
OCA: OCA, AAFEN Commend the Acquittal of Former University of Tennessee Professor Anming Hu
CAPAC: CAPAC Member Statements on Acquittal of Dr. Anming Hu After Mistrial Based on False Evidence
Committee of 100: Statement from Committee of 100 on the Acquittal of Dr. Anming Hu
UCA: UCA Renews Call for Termination of the China Initiative Following Acquittal of Dr. Anming Hu
Las Vegas Sun: Federal judge acquits Tennessee professor with ties to China
FintechZoom: Space – Federal judge tosses case against former UT prof accused of hiding ties to Chinese university
AsAmNews: Professor acquitted of spy charges after failed FBI investigation
Genome Web: Professor Acquitted
South China Morning Post: Paranoid US is recruiting science talent for China
Science: U.S. judge acquits academic accused of deceiving NASA about his China ties
华尔街日报: 美国联邦法官宣布被指控隐瞒与中国关系的教授胡安明无罪
美国之音: 美国司法部中国倡议首案被告胡安明被判无罪
2021/09/09 Doc. 141: Memorandum Opinion and Order to aquit Professor Anming Hu
Wall Street Journal: Federal Judge Acquits Professor Accused of Hiding China Ties
Axios: Chinese researcher accused of spying under China Initiative acquitted of charges
Rep. Ted Lieu tweet: Dear @TheJusticeDept: You should apologize to Professor Anming Hu
Advancing Justice | AAJC: Asian American Civil Rights Group Applauds Acquittal of University Tennessee Professor Unjustly Prosecuted Under the “China Initiative”
WBIR: Federal judge tosses case against former UT prof accused of hiding ties to Chinese university
WATE: UT engineering professor acquitted of wire fraud, false statement charges
Knox News: Former Tennessee professor acquitted of fraud charges in espionage investigation
Professor Hu is the first academic to go to jury trial under the "China Initiative launched by the Department of Justice (DOJ). The trial revealed the zeal of the misguided “China Initiative” to criminalize Professor Hu with reckless and deplorable tactics of spreading false information to cast him as a spy for China and press him to become a spy for the U.S. government. When these efforts failed, DOJ brought charges against Professor Hu for intentionally hiding his ties to a Chinese university, which also fell apart upon cross examination during the trial.
A former juror said after the trial, “It was the most ridiculous case.” About the FBI, she added: “If this is who is protecting America, we’ve got problems.”
Despite these egregious abuses of authority, DOJ motioned for a retrial of Professor Hu on July 30, 2021. The blatant disregard of the facts and misconduct in the first trial outraged APA Justice, as well as members of Congress, national and local organizations, the Asian American community, and the general public.
Judge Varlan wrote on page 42 of the 52-page ruling acquitting Hu that "the government has failed to provide sufficient evidence from which any rational jury could find, beyond a reasonable doubt, that defendant had specific intent to defraud NASA by hiding his affiliation with BJUT [Beijing University of Technology] from UTK [University of Tennessee, Knoxville]."
According to two legal experts, the judge's ruling has particular significance and relevance in similar cases against an academic under the "China Initiative." On page 38 of the ruling, the judge wrote
The Sixth Circuit’s Frost decision is squarely aligned with Takhalov’s conclusion that the federal wire fraud statute requires the intent to cause a tangible harm to the victim regarding the benefit of the bargain between the parties. Frost’s ultimate conclusion that the lack of tangible harm meant there was insufficient evidence on the element of intent to Case 3:20-cr-00021-TAV-DCP Document 141 Filed 09/09/21 Page 38 of 52 PageID #: 2333 39 defraud, 125 F.3d at 361–62, further confirms that Takhalov’s definition of the term “defraud” in the federal wire fraud statute is correct and applies equally in this Circuit.
The two legal experts opined that for establish a charge on wire fraud, the judge here required a high standard of “a specific intent to defraud” so as to receive some financial benefits. Professor Hu’s alleged hiding of his relationship with a certain Chinese university was not to defraud NASA for money. Accordingly, the wire fraud charges should be dropped. This means that this will make DOJ's wire fraud charge against other professors considerably harder.
In addition, the judge carefully described how the University of Tennessee failed to provide clear guidance and training to the professors on the restrictions of the collaboration with Chinese institutions, which explains why Professor Hu did not fully disclose his affiliation with the Chinese university. This problem is common in nearly all universities in the U.S. and can now be used as a reason to fight the charges against the professors.
Links and References
2021/09/16 JDSupra: Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions
AIP: Judge Acquits Nanotechnologist as Pressure Mounts on DOJ China Initiative
2021/09/15 Indian Express: Explained: Why academics are urging US to end initiative looking for ‘Chinese spies’ in universities
2021/09/14 Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/09/13 American Institute of Physics: Judge Acquits Nanotechnologist in DOJ China Initiative Case
Committee of Concerned Scientists: Chinese American at the University of Tennessee Tried by the United States for Working With China: All Charges Dropped. Government Did Not Make A Case.
Yellow Whistle: The Yellow Whistle Commends Due Process and the Efforts of AAPI Civil Rights Groups in the Acquittal of Professor Anming Hu
2021/09/11 Next Shark: Tennessee professor accused of spying for China is acquitted by federal judge
Texas News Today: Federal Judge Approves Tennessee Professor in Relations with China | Voice of America
俄州亚太联盟: 美国会亚裔党团CAPAC成员就胡安明博士在基于虚假证据的误审后被宣判无罪发表声明
2021/09/10 South China Morning Post: US federal judge acquits professor Hu Anming of fraud after push to expose Chinese spies
Inside Higher Ed: Researcher Accused of Concealing China Ties Acquitted
Times Higher Education: China spying case ends as US judge acquits Anming Hu
Washington Post: Federal judge acquits Tennessee professor with ties to China
AP: Federal judge acquits Tennessee professor with ties to China
OCA: OCA, AAFEN Commend the Acquittal of Former University of Tennessee Professor Anming Hu
CAPAC: CAPAC Member Statements on Acquittal of Dr. Anming Hu After Mistrial Based on False Evidence
Committee of 100: Statement from Committee of 100 on the Acquittal of Dr. Anming Hu
UCA: UCA Renews Call for Termination of the China Initiative Following Acquittal of Dr. Anming Hu
Las Vegas Sun: Federal judge acquits Tennessee professor with ties to China
FintechZoom: Space – Federal judge tosses case against former UT prof accused of hiding ties to Chinese university
AsAmNews: Professor acquitted of spy charges after failed FBI investigation
Genome Web: Professor Acquitted
South China Morning Post: Paranoid US is recruiting science talent for China
Science: U.S. judge acquits academic accused of deceiving NASA about his China ties
华尔街日报: 美国联邦法官宣布被指控隐瞒与中国关系的教授胡安明无罪
美国之音: 美国司法部中国倡议首案被告胡安明被判无罪
2021/09/09 Doc. 141: Memorandum Opinion and Order to aquit Professor Anming Hu
Wall Street Journal: Federal Judge Acquits Professor Accused of Hiding China Ties
Axios: Chinese researcher accused of spying under China Initiative acquitted of charges
Rep. Ted Lieu tweet: Dear @TheJusticeDept: You should apologize to Professor Anming Hu
Advancing Justice | AAJC: Asian American Civil Rights Group Applauds Acquittal of University Tennessee Professor Unjustly Prosecuted Under the “China Initiative”
WBIR: Federal judge tosses case against former UT prof accused of hiding ties to Chinese university
WATE: UT engineering professor acquitted of wire fraud, false statement charges
Knox News: Former Tennessee professor acquitted of fraud charges in espionage investigation
- Raymond Lee, American Greed: The Eleventh Circuit Analyzes Whether Booze, Babes, and Business Can Tightrope the Line Between Fraud and Deceit, 83 MO. L. REV. (2018)
The Questionable Role of University of Tennessee Knoxville
On August 4, 2021, University of Tennessee Knoxville (UTK) Provost John Zomchick issued a message to the UTK faculty, responding to UTK Faculty Senate President Lou Gross' questions regarding the faculty rights of Professor Anming Hu. Citing that the university administration followed the letter and spirit of the Faculty Handbook at every stage, Provost Zomchick provided a timeline of administrative actions taken regarding Professor Hu’s tenured faculty appointment from suspension on February 25, 2020 to termination on October 8, 2020.
UTK Faculty Handbooks are publicly available online. The 2016 edition appears to be the relevant version for Professor Hu's case. There are two updated versions in 2019 and 2021 respectively. Provost Zomchick also cited an "internal review," but he did not provide additional details. President Gross posted his questions and notes under "Faculty Member Suspension Issue" on his web page at https://bit.ly/3Cr67F1. On July 29, 2021, Knox News published How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist, reportedly raising a detailed list of questions about the university’s treatment of Professor Hu. UTK spokesman Owen Driskill declined to respond to the questions. According to the Knox News report, "The trial also revealed that UT administrators handed over documents from Hu’s university files without a warrant, concealed the federal investigation from him, misled NASA at the behest of a federal agent, set Hu up for his eventual arrest and fired him as soon as he was in handcuffs... It’s still not clear who at UT authorized meetings in 2018 between Hu’s bosses and federal agents or why. Chancellor Beverly Davenport was fired in July 2018 after a tumultuous tenure of less than 19 months, and System President Joe DiPietro announced his resignation two months later... The agents, testimony has revealed, didn’t have any proof of wrongdoing by Hu when they first walked onto UT’s campus and, therefore, no legal authority to take records from his personnel files." |
Links and References
2021/08/04 UTK Provost John Zomchick: Response to questions about faculty rights of Dr. Anming Hu 2021/07/29 Knox News: How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist 2021/07/14 UTK Faculty Senate President Lou Gross: Further correspondence with Professor Gao following meeting with Provost and General Counsel 2021/07/08 Asian American Scholar Forum: Call for immediate reinstatement of Prof. Anming Hu’s tenure 2021/07/04-05 UTK Faculty Senate President Lou Gross: Correspondence with Senator Gao regarding suspension of a faculty member and Senate responses to date (July 4-5, 2021) 2021/06/18-23 UTK Faculty Senate President Lou Gross: Notes to Chancellor and response regarding suspension of a faculty member and associated news stories from Faculty Affairs Committee Chair |
Letters to Judge Varlan to Dismiss the Anming Hu Case
Click on image to view letter
On August 20, 2021, APA Justice sent a letter to Judge Thomas A. Varlan urging him to dismiss the case and acquit Professor Hu in the best interest of justice and fairness.
Professor Hu is the first scientist and academic researcher to go to trial on June 7, 2021 under the ill-conceived “China Initiative” which was launched by the Department of Justice (DOJ) in November 2018, with the purported aim of combating economic espionage and trade secret theft. Judge Varlan declared a mistrial after a hung jury on June 16, 2021. DOJ announced its intent to retry the case on July 30, 2021.
The letter provides the Asian American historical perspective on racial profiling, including the government's continuing use of xenophobic labels on Asian Americans such as "Non-traditional Collectors" and "Thousand Grains of Sand," as well as a continuing pattern with the cases of Dr. Wen Ho Lee, Professor Xiaoxing Xi, and Ms. Sherry Chen prior to the "China Initiative."
The trial shows that Professor Hu’s case has nothing to do with theft of American trade secrets. It started as an economic espionage investigation based on a false premise and failed with misinformation to implicate Professor Hu as a spy for China and attempt to press him to spy for the U.S. government. Congress has made inquiries into the alleged FBI misconduct.
It is with this historical perspective and the prevailing facts in his case that we find the intent by the DOJ to retry Professor Hu to be deeply concerning and invidious.
Massive amounts of taxpayers’ dollars and federal resources have already been spent without accountability to inflict enormous harm to Professor Hu and his family in the government’s zeal to hunt for a non-existent spy. Overzealous investigations such as Professor Hu’s undermines the U.S. Constitution as the government should have at least a reasonable suspicion of wrongdoing before launching an investigation and race, ethnicity or national origin should not be used to profile people.
The letter was co-signed by nine national and local organizations:
These organizations have also co-signed the letter after it was sent by certified mail on August 20, 2021:
Carl Patton, Professor Emeritus at Colorado State University, and The Committee of Concerned Scientists sent their letters to Judge Varlan urging the dismissal of Professor Hu's case on August 2 and 4, 2021 respectively.
Links and References
2021/08/20 APA Justice: Letter to Judge Varlan
South China Morning Post: Calls grow for US to dismiss ‘Nasa lies’ case of Hu Anming, as critics cite ‘racial bias’ in accusation that he hid ties to Chinese university
2021/08/11 WBIR: International committee of scientists presses judge weighing charges against former UT researcher, professor
2021/08/04 Committee of Concerned Scientists: Letter to Judge Varlan
2021/08/02 Carl Patton: Letter to Judge Varlan
Professor Hu is the first scientist and academic researcher to go to trial on June 7, 2021 under the ill-conceived “China Initiative” which was launched by the Department of Justice (DOJ) in November 2018, with the purported aim of combating economic espionage and trade secret theft. Judge Varlan declared a mistrial after a hung jury on June 16, 2021. DOJ announced its intent to retry the case on July 30, 2021.
The letter provides the Asian American historical perspective on racial profiling, including the government's continuing use of xenophobic labels on Asian Americans such as "Non-traditional Collectors" and "Thousand Grains of Sand," as well as a continuing pattern with the cases of Dr. Wen Ho Lee, Professor Xiaoxing Xi, and Ms. Sherry Chen prior to the "China Initiative."
The trial shows that Professor Hu’s case has nothing to do with theft of American trade secrets. It started as an economic espionage investigation based on a false premise and failed with misinformation to implicate Professor Hu as a spy for China and attempt to press him to spy for the U.S. government. Congress has made inquiries into the alleged FBI misconduct.
It is with this historical perspective and the prevailing facts in his case that we find the intent by the DOJ to retry Professor Hu to be deeply concerning and invidious.
Massive amounts of taxpayers’ dollars and federal resources have already been spent without accountability to inflict enormous harm to Professor Hu and his family in the government’s zeal to hunt for a non-existent spy. Overzealous investigations such as Professor Hu’s undermines the U.S. Constitution as the government should have at least a reasonable suspicion of wrongdoing before launching an investigation and race, ethnicity or national origin should not be used to profile people.
The letter was co-signed by nine national and local organizations:
- Asian Americans Advancing Justice | AAJC
- Asian-American Community Service Council
- Asian American Legal Defense and Education Fund (AALDEF)
- Defending Rights & Dissent
- Greater Nashville Chinese Association (GNCA)
- New England Chinese American Coalition (NECAC)
- Ohio Chinese American Association (OCAA)
- San Francisco Community Alliance for Unity, Safety & Education (SFCause)
- University of Tennessee Chapter of the American Association of University Professors
These organizations have also co-signed the letter after it was sent by certified mail on August 20, 2021:
- Asian American Unity Coalition (AAUC)
- Calvin J Li Memorial Foundation
- Japanese American Citizens League (JACL)
- OCA – Asian Pacific American Advocates
Carl Patton, Professor Emeritus at Colorado State University, and The Committee of Concerned Scientists sent their letters to Judge Varlan urging the dismissal of Professor Hu's case on August 2 and 4, 2021 respectively.
Links and References
2021/08/20 APA Justice: Letter to Judge Varlan
South China Morning Post: Calls grow for US to dismiss ‘Nasa lies’ case of Hu Anming, as critics cite ‘racial bias’ in accusation that he hid ties to Chinese university
2021/08/11 WBIR: International committee of scientists presses judge weighing charges against former UT researcher, professor
2021/08/04 Committee of Concerned Scientists: Letter to Judge Varlan
2021/08/02 Carl Patton: Letter to Judge Varlan
Outraged: The Department of Justice Decided on Retrial
On July 30, 2021, the U.S. Government announced that it intends to retry the case against Professor Anming Hu. The first trial of an academic under the "China Initiative" fell apart and ended in a mistrial after FBI revealed serious misconduct, including falsifying information and fabricating facts in its failure to find a non-existent spy in Knoxville, Tennessee.
After the government made its announcement, defense attorney Philip Lomonaco filed a renewed motion for judgment of acquittal, which was originally filed on June 11, 2021. The motion for acquittal was made because "the evidence was insufficient to sustain a conviction. There is no evidence that Professor Hu willfully intended to deceive NASA... Without the intent to deceive there can be no wire fraud conviction. Without the convictions for
wire fraud, the remaining counts would fail as well... In the alternative, Defendant would rely on previous briefings to the Court regarding the lack of intent to harm NASA as being a defense to wire fraud as well."
After the mistrial was declared on June 16, 2021, the Intercept published “Ridiculous Case”: Juror Criticizes DOJ for Charging Scientist with Hiding Ties to China, in which Wendy Chandler, a juror in the first trial, commented about the FBI, “It was the most ridiculous case. If this is who is protecting America, we’ve got problems.”
APA Justice is outraged by DOJ's blatant disregard of the facts and misconduct in the first trial. It will only strengthen the community's resolve to fight for justice for Professor Hu and his family and his eventual acquittal. What happened to Professor Hu and his family is not an isolated event; it is part of systemic racial bias, discrimination, and profiling by our federal government against scientists and researchers of Asian descent across the country despite its declared intent to combat economic espionage. We must stop the racial profiling and criminalization of our Asian American and immigrant communities.
Congress, media, and community organizations have begun to react to the DOJ decision.
Chair Rep. Judy Chu said in the Congressional Asian Pacific American Caucus (CAPAC) statement:
“Instead of the normal process of beginning with a crime and searching for a suspect, the FBI has, through its China Initiative, started with racially profiled suspects and searched for a crime. Many of the FBI’s cases have been flawed from the start, evident in the number of cases that have been dropped without any explanation, and despite the incredible harm done to those whose lives have been turned upside down by these investigations. The case of Dr. Anming Hu is the most glaring example of how investigations rooted in racial profiling lead to flimsy cases that cannot stand up in court. Worse, in order to justify this investigation, we know that FBI agents have falsified evidence. Yet instead of accepting that Dr. Hu does not in any way present a threat to our national security, the DOJ is disappointingly doubling down, pressing for a retrial to justify their fruitless investigation. We must take national security threats seriously, but the China Initiative does not work, and has threatened a return to prejudice as a cornerstone of policy. Unless the DOJ has new evidence against Dr. Hu, this case must be dropped and the China Initiative halted.”
OCA - Asian Pacific American Advocates said in its statement:
“We are deeply disappointed by the federal government’s decision to retry Professor Hu. The original trial laid bare the misguided and systemic efforts to strip Asian Americans and Asian immigrants of their civil liberties and shows the entrenched anti-Asian sentiment rampant among some members of law enforcement. And more importantly, it incurred a high emotional and financial toll on Hu and his family.”
Advancing Justice | AAJC said in its statement:
“What the federal government has done today is to confirm an utter disregard for justice and our democracy. This trial has exposed the deeply problematic investigations, surveillance, and prosecutions of Asian Americans and Asian immigrants. Advancing Justice | AAJC and many others -- including elected officials -- have expressed deep concern about the FBI’s conduct during the course of its investigation of Professor Hu. Based on the FBI agent’s own witness testimony, the FBI initiated an economic espionage investigation against Professor Hu based on a false premise, and they failed to find any evidence of economic espionage or any other criminal activity after a year and a half of investigation. Rather than dropping the case upon finding no evidence of economic espionage, the FBI sought to charge Professor Hu with wire fraud based on an alleged willful failure to disclose despite Professor Hu following his university’s policy."
On July 29, 2021, Knox News published a report titled "How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist" which stated in part:
"The trial also revealed that [University of Tennesse] (UT) administrators handed over documents from Hu’s university files without a warrant, concealed the federal investigation from him, misled NASA at the behest of a federal agent, set Hu up for his eventual arrest and fired him as soon as he was in handcuffs... The agents, testimony has revealed, didn’t have any proof of wrongdoing by Hu when they first walked onto UT’s campus and, therefore, no legal authority to take records from his personnel files... after expending thousands of taxpayer dollars on a surveillance team to stalk Hu and his son, [FBI agent Kujtim] Sadiku still had nothing to show for it. So, testimony has shown, he and fellow agents from at least two other federal agencies cooked up a plan to get inside UT — and Hu’s private personnel records."
Links and References
2021/08/24 Rafu Shimpo: AAPI Civil Rights Groups Ask Biden to Pause DOJ’s China Initiative
2021/08/20 South China Morning Post: Calls grow for US to dismiss ‘Nasa lies’ case of Hu Anming, as critics cite ‘racial bias’ in accusation that he hid ties to Chinese university
2021/08/20 South China Morning Post: Biden urged to pause and review China Initiative for racial profiling
2021/08/11 Chronicle of Higher Ed: Has the Hunt for Chinese Spies Become a Witch Hunt?
2021/08/10 The Guardian editorial: The Guardian view on anti-Chinese suspicion: target espionage, not ethnicities
2021/08/06 JDSupra: DOJ’s “China Initiative” Falters
Committee of Concerned Scientists: Case Against Chinese-Canadian Scientist Ends With Mistrial But Government Files Notice of Intent to Pursue Retrial
2021/08/05 WilmerHale: DOJ’s “China Initiative” Falters
2021/08/04 The Star: Chinese-born scholar retrial bid sparks outrage in US
2021/08/03: AP: Chinese espionage retrial sought for Tennessee researcher
Times Higher Education: US revives pursuit of academic in China spying case
2021/08/02 Inside Higher Ed: Prosecutors to Retry Case Amid Concerns About China Initiative
Knox News: Former University of Tennessee professor falsely accused of espionage faces second trial
2021/07/31 South China Morning Post: US to retry University of Tennessee professor on fraud charges following mistrial, drawing outcry
2021/07/30 PACER: DOJ Notice of Intent to Pursue a Retrial
PACER: Defendant's Renewed Motion for Judgment of Acquittal
Courthouse News Service: US to retry former Tennessee professor on charges of lying about ties to China
WBIR-10: Federal prosecutors: We will retry UT prof accused of making false statements
OCA: OCA Denounces the U.S. Department of Justice’s Decision to Retry Former University of Tennessee Professor Anming Hu
CAPAC: CAPAC Chair Statement on Retrial of Dr. Anming Hu After Mistrial Based on False Evidence
Advancing Justice | AAJC: Asian American Civil Rights Group Denounces U.S. Government’s Decision to Retry University of Tennessee Professor Unjustly Prosecuted Under the “China Initiative”
2021/07/29 Knox News: How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist
2021/06/23 Intercept: “Ridiculous Case”: Juror Criticizes DOJ for Charging Scientist with Hiding Ties to China
After the government made its announcement, defense attorney Philip Lomonaco filed a renewed motion for judgment of acquittal, which was originally filed on June 11, 2021. The motion for acquittal was made because "the evidence was insufficient to sustain a conviction. There is no evidence that Professor Hu willfully intended to deceive NASA... Without the intent to deceive there can be no wire fraud conviction. Without the convictions for
wire fraud, the remaining counts would fail as well... In the alternative, Defendant would rely on previous briefings to the Court regarding the lack of intent to harm NASA as being a defense to wire fraud as well."
After the mistrial was declared on June 16, 2021, the Intercept published “Ridiculous Case”: Juror Criticizes DOJ for Charging Scientist with Hiding Ties to China, in which Wendy Chandler, a juror in the first trial, commented about the FBI, “It was the most ridiculous case. If this is who is protecting America, we’ve got problems.”
APA Justice is outraged by DOJ's blatant disregard of the facts and misconduct in the first trial. It will only strengthen the community's resolve to fight for justice for Professor Hu and his family and his eventual acquittal. What happened to Professor Hu and his family is not an isolated event; it is part of systemic racial bias, discrimination, and profiling by our federal government against scientists and researchers of Asian descent across the country despite its declared intent to combat economic espionage. We must stop the racial profiling and criminalization of our Asian American and immigrant communities.
Congress, media, and community organizations have begun to react to the DOJ decision.
Chair Rep. Judy Chu said in the Congressional Asian Pacific American Caucus (CAPAC) statement:
“Instead of the normal process of beginning with a crime and searching for a suspect, the FBI has, through its China Initiative, started with racially profiled suspects and searched for a crime. Many of the FBI’s cases have been flawed from the start, evident in the number of cases that have been dropped without any explanation, and despite the incredible harm done to those whose lives have been turned upside down by these investigations. The case of Dr. Anming Hu is the most glaring example of how investigations rooted in racial profiling lead to flimsy cases that cannot stand up in court. Worse, in order to justify this investigation, we know that FBI agents have falsified evidence. Yet instead of accepting that Dr. Hu does not in any way present a threat to our national security, the DOJ is disappointingly doubling down, pressing for a retrial to justify their fruitless investigation. We must take national security threats seriously, but the China Initiative does not work, and has threatened a return to prejudice as a cornerstone of policy. Unless the DOJ has new evidence against Dr. Hu, this case must be dropped and the China Initiative halted.”
OCA - Asian Pacific American Advocates said in its statement:
“We are deeply disappointed by the federal government’s decision to retry Professor Hu. The original trial laid bare the misguided and systemic efforts to strip Asian Americans and Asian immigrants of their civil liberties and shows the entrenched anti-Asian sentiment rampant among some members of law enforcement. And more importantly, it incurred a high emotional and financial toll on Hu and his family.”
Advancing Justice | AAJC said in its statement:
“What the federal government has done today is to confirm an utter disregard for justice and our democracy. This trial has exposed the deeply problematic investigations, surveillance, and prosecutions of Asian Americans and Asian immigrants. Advancing Justice | AAJC and many others -- including elected officials -- have expressed deep concern about the FBI’s conduct during the course of its investigation of Professor Hu. Based on the FBI agent’s own witness testimony, the FBI initiated an economic espionage investigation against Professor Hu based on a false premise, and they failed to find any evidence of economic espionage or any other criminal activity after a year and a half of investigation. Rather than dropping the case upon finding no evidence of economic espionage, the FBI sought to charge Professor Hu with wire fraud based on an alleged willful failure to disclose despite Professor Hu following his university’s policy."
On July 29, 2021, Knox News published a report titled "How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist" which stated in part:
"The trial also revealed that [University of Tennesse] (UT) administrators handed over documents from Hu’s university files without a warrant, concealed the federal investigation from him, misled NASA at the behest of a federal agent, set Hu up for his eventual arrest and fired him as soon as he was in handcuffs... The agents, testimony has revealed, didn’t have any proof of wrongdoing by Hu when they first walked onto UT’s campus and, therefore, no legal authority to take records from his personnel files... after expending thousands of taxpayer dollars on a surveillance team to stalk Hu and his son, [FBI agent Kujtim] Sadiku still had nothing to show for it. So, testimony has shown, he and fellow agents from at least two other federal agencies cooked up a plan to get inside UT — and Hu’s private personnel records."
Links and References
2021/08/24 Rafu Shimpo: AAPI Civil Rights Groups Ask Biden to Pause DOJ’s China Initiative
2021/08/20 South China Morning Post: Calls grow for US to dismiss ‘Nasa lies’ case of Hu Anming, as critics cite ‘racial bias’ in accusation that he hid ties to Chinese university
2021/08/20 South China Morning Post: Biden urged to pause and review China Initiative for racial profiling
2021/08/11 Chronicle of Higher Ed: Has the Hunt for Chinese Spies Become a Witch Hunt?
2021/08/10 The Guardian editorial: The Guardian view on anti-Chinese suspicion: target espionage, not ethnicities
2021/08/06 JDSupra: DOJ’s “China Initiative” Falters
Committee of Concerned Scientists: Case Against Chinese-Canadian Scientist Ends With Mistrial But Government Files Notice of Intent to Pursue Retrial
2021/08/05 WilmerHale: DOJ’s “China Initiative” Falters
2021/08/04 The Star: Chinese-born scholar retrial bid sparks outrage in US
2021/08/03: AP: Chinese espionage retrial sought for Tennessee researcher
Times Higher Education: US revives pursuit of academic in China spying case
2021/08/02 Inside Higher Ed: Prosecutors to Retry Case Amid Concerns About China Initiative
Knox News: Former University of Tennessee professor falsely accused of espionage faces second trial
2021/07/31 South China Morning Post: US to retry University of Tennessee professor on fraud charges following mistrial, drawing outcry
2021/07/30 PACER: DOJ Notice of Intent to Pursue a Retrial
PACER: Defendant's Renewed Motion for Judgment of Acquittal
Courthouse News Service: US to retry former Tennessee professor on charges of lying about ties to China
WBIR-10: Federal prosecutors: We will retry UT prof accused of making false statements
OCA: OCA Denounces the U.S. Department of Justice’s Decision to Retry Former University of Tennessee Professor Anming Hu
CAPAC: CAPAC Chair Statement on Retrial of Dr. Anming Hu After Mistrial Based on False Evidence
Advancing Justice | AAJC: Asian American Civil Rights Group Denounces U.S. Government’s Decision to Retry University of Tennessee Professor Unjustly Prosecuted Under the “China Initiative”
2021/07/29 Knox News: How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist
2021/06/23 Intercept: “Ridiculous Case”: Juror Criticizes DOJ for Charging Scientist with Hiding Ties to China
The Mistrial of Professor Anming Hu
On June 16, 2021, a mistrial in Professor Anming Hu’s case was declared after the jury deadlocked. It means that some jurors have doubts about the prosecution that a unanimous verdict cannot be reached. This is an embarrassing outcome for the Department of Justice (DOJ) because it failed on the very first case of trying a university professor under the “China Initiative.” The jury includes 4 women and 8 men - all white. They refused to convict.
Judge Thomas A. Varlan has yet to rule on the defense's motion to dismiss the case, which was filed on June 11, 2021.
The trial reveals the zeal of the misguided “China Initiative” to criminalize Professor Hu with reckless and deplorable tactics of spreading false information to cast him as a spy for China and press him to become a spy for the U.S. government. When these efforts failed, the Department of Justice brought charges against Professor Hu for intentionally hiding his ties to a Chinese university, which also fell apart upon cross examination by defense attorney Phil Lomonaco during the trial.
In the fog of hunting for a spy in Knoxville, the FBI agent could not remember what exactly started his national security investigation and was not able to provide any proof that Professor Hu was or is a spy after more than three years of "investigation" that inflicted unconscionable damage to the life and career of Professor Hu and his family. Based on the testimony of the FBI agent reported by Knox News, it was based solely on a Google search of Hu's name in March 2018 and Google translation of press releases in China.
Professor Hu is not alone. At least hundreds of scientists and academic researchers may be unjustly targeted, surveilled, scrutinized, and "investigated" in the dark by federal agencies such as the National Institutes of Health and the Federal Bureau of Investigations for years under the "China Initiative."
The APA Justice Task Force co-signed a letter to President-Elect Biden in January 2021, which was followed by a petition with 30,000 signatures in April 2021, calling for the Biden Administration to put a moratorium on the “China Initiative” and take further steps necessary to combat the pervasive racial bias and targeting of Asian American and Asian immigrant scientists, researchers, and students, in the spirit of his executive order to combat systemic racism within the federal agencies.
APA Justice has also joined the call by Maryland State Senator Susan Lee for a Congressional oversight proceeding to hear the human and scientific costs of racial profiling while the Senate Commerce, Science, and Transportation is continuing its investigation of misconduct at the Department of Commerce that includes targeting of its Asian American employees.
The University of Tennessee Knoxville must also take its share of responsibility for failing not only to protect its own faculty members but also to act as an academic institution with fairness, integrity, and due process.
Racial profiling has its historical roots and is a form of anti-Asian hate and discrimination. It must be stopped with timely actions and continuing oversight to prevent further erosion of our civil rights and civil liberties.
Civil rights and community organizations and the Asian American community including APA Justice will continue to stand firmly behind Professor Hu and his family to begin the healing process and become whole again after this traumatic experience. You can support Professor Hu by making a donation to the Anming Hu Legal Defense Fund at: https://bit.ly/3v8oE3V.
Reactions and coverage after the mistrial
2021/07/27 Editor 99: The FBI destroyed this man’s life with false accusations of espionage
2021/07/26 SupChina: A scientist’s future hangs in the balance after another failure of the China Initiative
2021/07/23 Reason: The FBI Destroyed This Man's Life With Bogus Spying Accusations
2021/07/14 UTK Faculty Senate President: Further correspondence with Professor Gao following meeting with Provost and General Counsel
2021/07/13 WBIR: Prosecutors seek more time to decide whether they'll retry ex-UT prof whose trial ended in hung jury
2021/07/08 Knox News: Former UT professor falsely accused of spying demands to know whether he'll be tried again
Asian American Scholar Forum: Call for immediate reinstatement of Prof. Anming Hu’s tenure
2021/07/06 Anming Hu: Motion to inquire the Department of Justice whether they intend to retry Professor Hu's case
Advancing Justice | AAJC: Letter to Acting U.S. Attorney urging his office to drop charges against Professor Hu
2021/07/05 UTK Faculty Senate President: Notes to Chancellor and response regarding suspension of a faculty member and associated news stories from Faculty Affairs Committee Chair (June 18-23, 2021)
UTK Faculty Senate President: Correspondence with Senator Gao regarding suspension of a faculty member and Senate responses to date (July 4-5, 2021)
2021/07/03 South China Morning Post: US-China tech war: In the battle for talent, the US is ‘shooting ourselves in the foot’
2021/07/01 Tennessee Chinese American Alliance: Letter to Rep. Tim Burchett
2021/06/29 Cato Institute: The “China Initiative”: State‐sanctioned Chinese American Persecution
2021/06/27 MIT Technology Review: What a collapsed trial says about US claims of Chinese high-tech spying
2021/06/26 Yahoo News: FBI China spy probe faces backlash as case against professor ends in mistrial
Axios: FBI China spy probe faces backlash as case against professor ends in mistrial
2021/06/25 Science: Mistrial in China Trials
2021/06/24 FedScoop: Lawmakers push DOJ to investigate China Initiative after engineer’s mistrial
2021/06/23 The Intercept: “Ridiculous Case”: Juror Criticizes DOJ For Charging Scientist With Hiding Ties To China
Knox News: Congressmen question 'FBI misconduct' after UT professor falsely accused of spying for China
OODA Loop: Reps Call for Review Into Alleged FBI ‘Misconduct’ Against Chinese Scientist Accused of Spying
80-20: Letter to AG Merrick Garland
2021/06/22 NextGov: Reps Call for Review Into Alleged FBI ‘Misconduct’ Against Chinese Scientist Accused of Spying
2021/06/21 Wall Street Journal: Trump Election Pressure Caused Senior Justice Official to Weigh Resigning
2021/06/20 Market Research Telecast: The FBI charged a Chinese university professor with espionage based on a document translated with Google
2021/06/18 Inside Higher Ed: Mistrial Renews Concerns About U.S. China Initiative
美国之音: 陪审团陷僵局 法官宣布对被控隐瞒与中国大学关系的胡安明的审判流审
The Straits Times: US mistrial of Chinese scientist accused of hiding ties to Beijing uni raises concerns
2021/06/17 AP: UCA Statement on the Deadlocked Jury of the Trial of Dr. Anming Hu, the First Charged Chinese American Scientist to go on Trial under DOJ's China Initiative
Washington Post: Mistrial in Justice Dept. fraud case against college professor prompts renewed scrutiny of agency’s ‘China Initiative’
Rep. Ted Lieu: Joint letter with Reps. Mondaire Jones and Pramila Jayapal to DOJ Inspector General Michael Horowitz
South China Morning Post: US trial of scientist accused of hiding work in China ends in hung jury
华盛顿资讯: 全美华人大会（UCA）关于胡安明博士案陪审团陷入僵局的声明
The Times of India: Mistrial declared in case of US-based scientist charged with hiding ties to China
华尔街日报: 联邦法官宣布华裔科学家胡安明案审理无效
2021/06/16 Advancing Justice | AAJC: Asian American Civil Rights Group Urges U.S. Attorney to Drop Case Against University of Tennessee Professor Wrongly Prosecuted Under the “China Initiative” After Trial Results in Deadlocked Jury
Wall Street Journal: Trial of Scientist Accused of Hiding China Work Ends in Hung Jury
AP: Mistrial declared in case of University of Tennessee prof
Knox News: Trump Administration's first 'China Initiative' prosecution sputters as jurors deadlock
Judge Thomas A. Varlan has yet to rule on the defense's motion to dismiss the case, which was filed on June 11, 2021.
The trial reveals the zeal of the misguided “China Initiative” to criminalize Professor Hu with reckless and deplorable tactics of spreading false information to cast him as a spy for China and press him to become a spy for the U.S. government. When these efforts failed, the Department of Justice brought charges against Professor Hu for intentionally hiding his ties to a Chinese university, which also fell apart upon cross examination by defense attorney Phil Lomonaco during the trial.
In the fog of hunting for a spy in Knoxville, the FBI agent could not remember what exactly started his national security investigation and was not able to provide any proof that Professor Hu was or is a spy after more than three years of "investigation" that inflicted unconscionable damage to the life and career of Professor Hu and his family. Based on the testimony of the FBI agent reported by Knox News, it was based solely on a Google search of Hu's name in March 2018 and Google translation of press releases in China.
Professor Hu is not alone. At least hundreds of scientists and academic researchers may be unjustly targeted, surveilled, scrutinized, and "investigated" in the dark by federal agencies such as the National Institutes of Health and the Federal Bureau of Investigations for years under the "China Initiative."
The APA Justice Task Force co-signed a letter to President-Elect Biden in January 2021, which was followed by a petition with 30,000 signatures in April 2021, calling for the Biden Administration to put a moratorium on the “China Initiative” and take further steps necessary to combat the pervasive racial bias and targeting of Asian American and Asian immigrant scientists, researchers, and students, in the spirit of his executive order to combat systemic racism within the federal agencies.
APA Justice has also joined the call by Maryland State Senator Susan Lee for a Congressional oversight proceeding to hear the human and scientific costs of racial profiling while the Senate Commerce, Science, and Transportation is continuing its investigation of misconduct at the Department of Commerce that includes targeting of its Asian American employees.
The University of Tennessee Knoxville must also take its share of responsibility for failing not only to protect its own faculty members but also to act as an academic institution with fairness, integrity, and due process.
Racial profiling has its historical roots and is a form of anti-Asian hate and discrimination. It must be stopped with timely actions and continuing oversight to prevent further erosion of our civil rights and civil liberties.
Civil rights and community organizations and the Asian American community including APA Justice will continue to stand firmly behind Professor Hu and his family to begin the healing process and become whole again after this traumatic experience. You can support Professor Hu by making a donation to the Anming Hu Legal Defense Fund at: https://bit.ly/3v8oE3V.
Reactions and coverage after the mistrial
2021/07/27 Editor 99: The FBI destroyed this man’s life with false accusations of espionage
2021/07/26 SupChina: A scientist’s future hangs in the balance after another failure of the China Initiative
2021/07/23 Reason: The FBI Destroyed This Man's Life With Bogus Spying Accusations
2021/07/14 UTK Faculty Senate President: Further correspondence with Professor Gao following meeting with Provost and General Counsel
2021/07/13 WBIR: Prosecutors seek more time to decide whether they'll retry ex-UT prof whose trial ended in hung jury
2021/07/08 Knox News: Former UT professor falsely accused of spying demands to know whether he'll be tried again
Asian American Scholar Forum: Call for immediate reinstatement of Prof. Anming Hu’s tenure
2021/07/06 Anming Hu: Motion to inquire the Department of Justice whether they intend to retry Professor Hu's case
Advancing Justice | AAJC: Letter to Acting U.S. Attorney urging his office to drop charges against Professor Hu
2021/07/05 UTK Faculty Senate President: Notes to Chancellor and response regarding suspension of a faculty member and associated news stories from Faculty Affairs Committee Chair (June 18-23, 2021)
UTK Faculty Senate President: Correspondence with Senator Gao regarding suspension of a faculty member and Senate responses to date (July 4-5, 2021)
2021/07/03 South China Morning Post: US-China tech war: In the battle for talent, the US is ‘shooting ourselves in the foot’
2021/07/01 Tennessee Chinese American Alliance: Letter to Rep. Tim Burchett
2021/06/29 Cato Institute: The “China Initiative”: State‐sanctioned Chinese American Persecution
2021/06/27 MIT Technology Review: What a collapsed trial says about US claims of Chinese high-tech spying
2021/06/26 Yahoo News: FBI China spy probe faces backlash as case against professor ends in mistrial
Axios: FBI China spy probe faces backlash as case against professor ends in mistrial
2021/06/25 Science: Mistrial in China Trials
2021/06/24 FedScoop: Lawmakers push DOJ to investigate China Initiative after engineer’s mistrial
2021/06/23 The Intercept: “Ridiculous Case”: Juror Criticizes DOJ For Charging Scientist With Hiding Ties To China
Knox News: Congressmen question 'FBI misconduct' after UT professor falsely accused of spying for China
OODA Loop: Reps Call for Review Into Alleged FBI ‘Misconduct’ Against Chinese Scientist Accused of Spying
80-20: Letter to AG Merrick Garland
2021/06/22 NextGov: Reps Call for Review Into Alleged FBI ‘Misconduct’ Against Chinese Scientist Accused of Spying
2021/06/21 Wall Street Journal: Trump Election Pressure Caused Senior Justice Official to Weigh Resigning
2021/06/20 Market Research Telecast: The FBI charged a Chinese university professor with espionage based on a document translated with Google
2021/06/18 Inside Higher Ed: Mistrial Renews Concerns About U.S. China Initiative
美国之音: 陪审团陷僵局 法官宣布对被控隐瞒与中国大学关系的胡安明的审判流审
The Straits Times: US mistrial of Chinese scientist accused of hiding ties to Beijing uni raises concerns
2021/06/17 AP: UCA Statement on the Deadlocked Jury of the Trial of Dr. Anming Hu, the First Charged Chinese American Scientist to go on Trial under DOJ's China Initiative
Washington Post: Mistrial in Justice Dept. fraud case against college professor prompts renewed scrutiny of agency’s ‘China Initiative’
Rep. Ted Lieu: Joint letter with Reps. Mondaire Jones and Pramila Jayapal to DOJ Inspector General Michael Horowitz
South China Morning Post: US trial of scientist accused of hiding work in China ends in hung jury
华盛顿资讯: 全美华人大会（UCA）关于胡安明博士案陪审团陷入僵局的声明
The Times of India: Mistrial declared in case of US-based scientist charged with hiding ties to China
华尔街日报: 联邦法官宣布华裔科学家胡安明案审理无效
2021/06/16 Advancing Justice | AAJC: Asian American Civil Rights Group Urges U.S. Attorney to Drop Case Against University of Tennessee Professor Wrongly Prosecuted Under the “China Initiative” After Trial Results in Deadlocked Jury
Wall Street Journal: Trial of Scientist Accused of Hiding China Work Ends in Hung Jury
AP: Mistrial declared in case of University of Tennessee prof
Knox News: Trump Administration's first 'China Initiative' prosecution sputters as jurors deadlock
Federal Agent Admitted to Lying to Find "Spy" in Knoxville
Professor Anming Hu. Source: Knox News
According to Knox News and The Hill, federal agents falsely accused the internationally-renown welding technology expert at the University of Tennessee at Knoxville (UTK) of being a spy and brought him to professional ruin.
FBI Agent Kujtim Sadiku admitted last week in an ongoing trial in Knoxville that federal agents:
Why?
“You wanted to find a Chinese spy in Knoxville,” defense attorney Phil Lomonaco offered as he cross-examined Sadiku on his tactics to secure a fraud indictment against Hu after the agency's economic espionage probe fell apart.
Sadiku responded, “My job is to find spies, yes.”
More than three years after Sadiku launched a national security investigation against Hu, the agent still hasn’t provided any proof that Hu is or was a spy.
Instead Dr. Anming Hu became the first professor under the "China Initiative" to go to trial for "wire fraud" and "making false statements." None of the dozen or so professors or academic researchers are charged for economic espionage, but for possible administrative errors that were normally not treated as crimes until under the “China initiative.”
The jury began deliberations on Monday, June 14, 2021 and will return on Wednesday, June 16, 2021.
FBI Agent Kujtim Sadiku admitted last week in an ongoing trial in Knoxville that federal agents:
- Falsely accused former UTK associate professor Dr. Anming Hu of being a Chinese spy.
- Falsely implicated him as an operative for the Chinese military in meetings with Hu’s bosses.
- Used false information to put Hu on the federal no-fly list.
- Spurred U.S. customs agents to seize Hu’s computer and phone and spread word throughout the international research community that Hu was poison.
- Used false information to justify putting a team of agents to spy on Hu and his son, a freshman at UTK, for nearly two years.
- Used false information to press Hu to become a spy for the U.S. government.
Why?
“You wanted to find a Chinese spy in Knoxville,” defense attorney Phil Lomonaco offered as he cross-examined Sadiku on his tactics to secure a fraud indictment against Hu after the agency's economic espionage probe fell apart.
Sadiku responded, “My job is to find spies, yes.”
More than three years after Sadiku launched a national security investigation against Hu, the agent still hasn’t provided any proof that Hu is or was a spy.
Instead Dr. Anming Hu became the first professor under the "China Initiative" to go to trial for "wire fraud" and "making false statements." None of the dozen or so professors or academic researchers are charged for economic espionage, but for possible administrative errors that were normally not treated as crimes until under the “China initiative.”
The jury began deliberations on Monday, June 14, 2021 and will return on Wednesday, June 16, 2021.
The Jury Trial of Anming Hu
Media Coverage of The Trial
2021/06/17 UCA: Statement on the Deadlocked Jury of the Trial of Dr. Anming Hu, the First Charged Chinese American Scientist to go on Trial under DOJ's China Initiative
Washington Post: Mistrial in Justice Dept. fraud case against college professor prompts renewed scrutiny of agency’s ‘China Initiative’
Rep. Ted Lieu: Joint letter with Reps. Mondaire Jones and Pramila Jayapal to DOJ Inspector General Michael Horowitz
2021/06/16 Wall Street Journal: Trial of Scientist Accused of Hiding China Work Ends in Hung Jury
AP: Mistrial declared in case of University of Tennessee prof
Knox News: Trump Administration's first 'China Initiative' prosecution sputters as jurors deadlock
Yahoo News: Federal Agent Admits to Falsely Accusing Tennessee Professor of Being a Chinese Spy
2021/06/15 The Nation: FBI agent admits to falsely accusing nanotech research professor of being a Chinese military spy
香港新聞網: FBI探員承認：誣告華裔教授是“中國間諜”
华尔街日报: 华裔科学家胡安明案进入陪审团审议阶段
AP: Jurors deliberate over whether professor hid ties to China
2021/06/14 Wall Street Journal: Trial of Scientist Accused of Hiding China Work Goes to Jury
The Hill: Federal agents admit to falsely accusing Chinese professor of being a spy
Knox News: With spy case a bust, feds seek fraud conviction against University of Tennessee professor
The Cato Institute: Bad Incentives Lead FBI Agent to Accuse Chinese‐Born Canadian Researcher of Being a Spy
WBIR-10: Jury deliberates in trial of UT researcher accused of hiding ties to China university
2021/06/13 Knox News: Trial reveals federal agents falsely accused a UT professor born in China of spying
2021/06/11 Anming Hu Defense Attorney: Motion to Dismiss
2021/06/10 世界新聞網: 華裔教授胡安明被控隱瞞與中國關係 受審第1人
2021/06/09 Knox News: University of Tennessee assured NASA that professor had no prohibited ties to China
KHQ: Testimony: Professor noted ties to China in reports
WRCB: Professor noted ties to China in reports
2021/06/08 AP: Trial begins for professor accused of hiding ties to China
Fox-17: UT professor charged with hiding China ties claims innocence
Progressive Farmer: Trial Begins for Hiding Ties to China
Daily Caller: Professor Accused Of Hiding Chinese Ties Goes On Trial, First After Slew Of Similar Arrests
SCMP: US professor accused of hiding ties to China university stands trial
Voice of America: 田纳西一华裔教授成为首位因被控隐瞒在中国的工作而出庭受审者
华尔街日报: 华裔科学家胡安明因隐瞒在华工作指控成为在美受审第一人
北美新视界: 华人科学家胡安明庭审，华人寻正义
星𡷊日報: 被控隱瞞參與中國項目 華裔學者胡安明案開審
Tennessee Chinese American Alliance: Press Statement
Ivy Yang, Wife of Professor Anming Hu: Press Statement
2021/06/07 Wall Street Journal: Tennessee Scientist Is First to Go on Trial on Charges He Hid Work in China
WBIR-10: Trial begins for UT researcher accused of hiding ties to China university
WVLT-8: UT professor charged with defrauding NASA
Knox News: Trial of former UT professor centers on whether he concealed ties to Chinese university
Voice of America: Trial Begins for Professor Accused of Hiding Ties to China
Week.com: Trial begins for professor accused of hiding ties to China
Learn more about the background of Anming Hu at this GoFundMe page: https://bit.ly/3v8oE3V
2021/06/17 UCA: Statement on the Deadlocked Jury of the Trial of Dr. Anming Hu, the First Charged Chinese American Scientist to go on Trial under DOJ's China Initiative
Washington Post: Mistrial in Justice Dept. fraud case against college professor prompts renewed scrutiny of agency’s ‘China Initiative’
Rep. Ted Lieu: Joint letter with Reps. Mondaire Jones and Pramila Jayapal to DOJ Inspector General Michael Horowitz
2021/06/16 Wall Street Journal: Trial of Scientist Accused of Hiding China Work Ends in Hung Jury
AP: Mistrial declared in case of University of Tennessee prof
Knox News: Trump Administration's first 'China Initiative' prosecution sputters as jurors deadlock
Yahoo News: Federal Agent Admits to Falsely Accusing Tennessee Professor of Being a Chinese Spy
2021/06/15 The Nation: FBI agent admits to falsely accusing nanotech research professor of being a Chinese military spy
香港新聞網: FBI探員承認：誣告華裔教授是“中國間諜”
华尔街日报: 华裔科学家胡安明案进入陪审团审议阶段
AP: Jurors deliberate over whether professor hid ties to China
2021/06/14 Wall Street Journal: Trial of Scientist Accused of Hiding China Work Goes to Jury
The Hill: Federal agents admit to falsely accusing Chinese professor of being a spy
Knox News: With spy case a bust, feds seek fraud conviction against University of Tennessee professor
The Cato Institute: Bad Incentives Lead FBI Agent to Accuse Chinese‐Born Canadian Researcher of Being a Spy
WBIR-10: Jury deliberates in trial of UT researcher accused of hiding ties to China university
2021/06/13 Knox News: Trial reveals federal agents falsely accused a UT professor born in China of spying
2021/06/11 Anming Hu Defense Attorney: Motion to Dismiss
2021/06/10 世界新聞網: 華裔教授胡安明被控隱瞞與中國關係 受審第1人
2021/06/09 Knox News: University of Tennessee assured NASA that professor had no prohibited ties to China
KHQ: Testimony: Professor noted ties to China in reports
WRCB: Professor noted ties to China in reports
2021/06/08 AP: Trial begins for professor accused of hiding ties to China
Fox-17: UT professor charged with hiding China ties claims innocence
Progressive Farmer: Trial Begins for Hiding Ties to China
Daily Caller: Professor Accused Of Hiding Chinese Ties Goes On Trial, First After Slew Of Similar Arrests
SCMP: US professor accused of hiding ties to China university stands trial
Voice of America: 田纳西一华裔教授成为首位因被控隐瞒在中国的工作而出庭受审者
华尔街日报: 华裔科学家胡安明因隐瞒在华工作指控成为在美受审第一人
北美新视界: 华人科学家胡安明庭审，华人寻正义
星𡷊日報: 被控隱瞞參與中國項目 華裔學者胡安明案開審
Tennessee Chinese American Alliance: Press Statement
Ivy Yang, Wife of Professor Anming Hu: Press Statement
2021/06/07 Wall Street Journal: Tennessee Scientist Is First to Go on Trial on Charges He Hid Work in China
WBIR-10: Trial begins for UT researcher accused of hiding ties to China university
WVLT-8: UT professor charged with defrauding NASA
Knox News: Trial of former UT professor centers on whether he concealed ties to Chinese university
Voice of America: Trial Begins for Professor Accused of Hiding Ties to China
Week.com: Trial begins for professor accused of hiding ties to China
Learn more about the background of Anming Hu at this GoFundMe page: https://bit.ly/3v8oE3V
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2021/06/08 北美新视界: 华人科学家胡安明庭审，华人寻正义
Tennessee Chinese American Alliance Statement Wife of Professor Anming Hu Statement 
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According to Knox News on June 8, 2021, University of Tennessee (UT) Provost John Zomchick acknowledged in his testimony that he had personally reviewed a packet of information Hu submitted in an attempt to secure tenure. That packet included several reference letters citing Hu’s work with Chinese students and Chinese researchers and his affiliation with the Beijing university.
Zomchick conceded no one at UT actually reviewed Hu’s conflict of interest documents before allowing him to submit funding proposals to NASA. Prosecutors are hanging their legal case on those documents, claiming Hu intentionally omitted his Beijing work from his annual forms. “We just don’t have the resources,” Zomchick said, explaining why UT did not review and investigate the veracity of all such forms submitted by the university’s faculty members. |
The jury trial of Professor Anming Hu began at 9 am ET on Monday, June 7, 2021. Community members were encouraged to arrive as early as the opening statements phase of the trial. The courtroom is able to hold up to 100 people, people can sign up for different timeslots to attend the trial, which is expected to last two weeks.
800 Market Street, Courtroom 3B, Knoxville, TN - Phone: (865) 545-4228
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Request from Advancing Justice | AAJC
Advancing Justice | AAJC is requesting local community support for Professor Anming Hu, an impacted person, for his upcoming trial in Knoxville, TN. Mr. Hu was a NASA researcher and professor at University of Tennessee, Knoxville (UT) who was charged with wire fraud and false statements in February, 2020 on the basis of failing to disclose his affiliation with a university in China on a conflict of interest form submitted to UT. The charges against him do not involve economic espionage or evidence of “spying” despite the rhetoric under the “China Initiative,” which has heavily scrutinized scientists, researchers, and scholars of Chinese and Asian descent (You can find more information on the “China Initiative” policy here.)
Mr. Hu is a naturalized Canadian citizen of Chinese ancestry and prior to his arrest, was awaiting a green card in America. The prosecution has destroyed Mr.Hu’s career and left him and his family’s lives in shambles. His health has further deteriorated since he was placed under house arrest, but he is still fighting against this injustice. The U.S. Eastern District of Tennessee Court will hold a trial for Mr. Hu and we are looking to get concerned community members to attend this trial in Knoxville, TN starting at 9 am on June 7, 2021 to show support for him. Please sign up HERE to attend the trial on June 7, 2021 to support Mr. Hu. Asian Americans Advancing Justice | AAJC is deeply concerned with the racial profiling and unjust prosecutions of Asian Americans and Asian immigrants across the country. The latest wave of resurgent xenophobia follows a long history of Asian Americans being stereotyped as “perpetual foreigners” and scapegoated as spies disloyal to the United States. We would be grateful if you can help spread the word in the community about the upcoming trial and about this issue more generally. If you have any questions, please contact Vivin Qiang, who coordinates the legal referral service, outreach and media engagement for the Anti-Racial Profiling Project at vqiang@advancingjustice-aajc.org and Gisela Kusakawa, who leads the project’s policy and advocacy work at gkusakawa@advancingjustice-aajc.org. |
亚裔推进正义协会的呼吁
亚裔推进正义协会（Asian Americans Advancing Justice | AAJC) 正在呼吁社区支持被审查的胡安明教授。胡安明是田纳西大学诺克斯维尔分校的教授，也是美国宇航局（NASA）的研究员。他于2020年2月因未能在递交给田纳西大学的利益冲突表格上披露与中国一所大学的关系而受到联邦起诉，被指控犯有电信欺诈罪和虚假陈述罪。美国司法部的“中国行动” ("China Initiative"）宣称打击经济间谍活动，已针对亚裔科学家、研究人员和学者展开了大规模的调查。但政府对胡教授的指控并不涉及经济间谍活动，也无任何“间谍活动”的证据。（有关 "China Initiative" 详情请看：https://www.advancingjustice-aajc.org/anti-racial-profiling-project）
胡先生是一位加拿大籍华裔，在被捕之前，他正在美国等待绿卡。司法部对胡教授的指控不仅断送了他的职业生涯，也对他和他家人的生活造成了极大的伤害。自从他被软禁以后，他的健康也进一步恶化，但尽管如此，他仍在与这场不公正的待遇作斗争。胡教授的案件将于6月7日早上9点在美国田纳西州东部地区法院举行审判，我们希望社区成员能够在当天来到法院旁听庭审，以表示华人社区对他的支持。 报名链接：https://forms.gle/PgFhyDcC2p68E6Py9 亚裔推进正义协会 | AAJC 一直非常关注美国政府针对美籍亚裔和亚裔移民的种族定性，尤其是华裔人群。这最新一波的仇外情绪在美国历史上已有许多先例，亚裔人群由于他们的族裔而被认为是“永远的外国人”，并被定性为不忠于美国的间谍，当作替罪羊对待。希望您能帮助我们在社区传播参与胡教授案件听审机会的更多信息，并呼吁更多人关注华人科学家被种族定性的事件。如果您有任何疑问，可以联系亚裔推进正义协会 | AAJC 反对种族定性项目的工作人员Vivin Qiang（强雪儿）。微信号：vivinq_aajc 感谢您的帮助和支持！ |
Legal Docket by CourtListener: United States v. Hu (TV1) (3:20-cr-00021)
On February 27, 2020, the Department of Justice announced the indictment of Professor Anming Hu, an Associate Professor in the Department of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK). Professor Hu was charged with three counts of wire fraud and three counts of making false statements.
Professor Hu is the second case involving a U.S. university professor of Asian ancestry facing dubious charges under the "China Initiative." The first is Kansas University Professor Franklin Tao.
According to Knoxville News Sentinel on July 2, 2020, "The (U.S. Department of Justice) wanted a feather in its cap with an economic espionage case, so they ignored the facts and the law, destroyed the career of a professor with two PhDs in nanotechnology and now expects the court to follow their narrative," attorney Philip Lomonaco wrote in a brief asking a judge to dismiss the charges against Hu.
In addition, Hu's attorney says he's no spy, and that he never meant to deceive anyone. In Lomonaco's telling, Hu is nothing more than an innocent researcher who tried his best to follow a rule so vague that neither UT, the FBI nor NASA seemed to fully understand it. The charges should be dismissed for that reason, Lomonaco wrote, and because Hu listened to a UT official who said the restriction didn't apply to faculty.
Although prosecutors have argued the case could involve matters of national security, they have not accused Hu of espionage, as in all other known cases involving U.S. university professors and researchers under the "China Initiative."
2021/06/07 Jury trial began
2021/02/16 Tennessean opinion: Accused Chinese academics in Tennessee and elsewhere should not be unfairly punished
2020/07/02 Knoxville News Sentinel: University of Tennessee professor accused of hiding his Chinese job wants case tossed
AP: Professor accused of hiding ties to China wants case tossed
2020/03/03 Knoxville News Sentinel: Who is Anming Hu? UT professor charged with hiding Chinese ties is flight risk, feds say
2020/02/27 Department of Justice: Researcher at University Arrested for Wire Fraud and Making False Statements About Affiliation with a Chinese University
Learn more about the background of Anming Hu at this GoFundMe page: https://bit.ly/3v8oE3V
Professor Hu is the second case involving a U.S. university professor of Asian ancestry facing dubious charges under the "China Initiative." The first is Kansas University Professor Franklin Tao.
According to Knoxville News Sentinel on July 2, 2020, "The (U.S. Department of Justice) wanted a feather in its cap with an economic espionage case, so they ignored the facts and the law, destroyed the career of a professor with two PhDs in nanotechnology and now expects the court to follow their narrative," attorney Philip Lomonaco wrote in a brief asking a judge to dismiss the charges against Hu.
In addition, Hu's attorney says he's no spy, and that he never meant to deceive anyone. In Lomonaco's telling, Hu is nothing more than an innocent researcher who tried his best to follow a rule so vague that neither UT, the FBI nor NASA seemed to fully understand it. The charges should be dismissed for that reason, Lomonaco wrote, and because Hu listened to a UT official who said the restriction didn't apply to faculty.
Although prosecutors have argued the case could involve matters of national security, they have not accused Hu of espionage, as in all other known cases involving U.S. university professors and researchers under the "China Initiative."
2021/06/07 Jury trial began
2021/02/16 Tennessean opinion: Accused Chinese academics in Tennessee and elsewhere should not be unfairly punished
2020/07/02 Knoxville News Sentinel: University of Tennessee professor accused of hiding his Chinese job wants case tossed
AP: Professor accused of hiding ties to China wants case tossed
2020/03/03 Knoxville News Sentinel: Who is Anming Hu? UT professor charged with hiding Chinese ties is flight risk, feds say
2020/02/27 Department of Justice: Researcher at University Arrested for Wire Fraud and Making False Statements About Affiliation with a Chinese University
Learn more about the background of Anming Hu at this GoFundMe page: https://bit.ly/3v8oE3V