Current State

Campaign to Oppose The Nomination of Casey Arrowood

Please sign on to the campaign here: https://bit.ly/OpposeArrowoodNomination

2022/11/10 Committee of 100: Committee of 100 Expresses Concerns Over Mr. Casey Arrowood Being Nominated to Serve as U.S. Attorney for the Eastern District of Tennessee. http://bit.ly/3EBDpEy
2022/11/06 Knox News: 'I want him voted down': Professor wrongly accused of spying fights prosecutor's promotion. https://bit.ly/3UDuYgZ
2022/09/06 Coalition letter to President Biden requesting the withdrawal of the nomination of Casey Arrowood. https://bit.ly/3KTWGTm
2022/09/06 Coalition letter to Senate Judiciary Committee requesting no action on the nomination of Casey Arrowood before thorough review. https://bit.ly/3KSy79l
2022/09/02 Department of Justice: Response to June 17, 2021, Request for Investigation. https://bit.ly/3rISqgJ
2022/08/31 Anming Hu letter to the Senate Judiciary Committee requesting rejection of Arrowood nomination. https://bit.ly/3RezeT6
2022/08/24 APA Justice Newsletter: Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood. https://bit.ly/3ckMgPI
2022/08/22 Draft letter to President Biden to withdraw the nomination of Casey Arrowood. https://bit.ly/3T7yeRN
Draft letter to the Senate Judiciary Committee to take no action on the nomination of Casey Arrowood. https://bit.ly/3Aajbyh
2022/08/20 Anming Hu letter to the White House requesting withdrawal of Arrowood nomination. https://bit.ly/3wizTum

2022/08/31 Tennessee Lookout: Asian American groups urge rejection of nominee for U.S. Attorney in Tennessee’s Eastern District. https://bit.ly/3CIVj7T
2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination. https://bit.ly/3C1YiYv

The White House announced the nomination of Mr. Casey Arrowood to be US Attorney for the Eastern District of Tennessee on July 29, 2022. The Senate Judiciary Committee logged the nomination as PN2444 on August 1, 2022. Academics, elected officials, civil rights groups, and community organizations across the country have raised grave concerns about this nomination --- It will further erode public trust in our judicial system and increase the chilling effect on U.S. science and technology.

Mr. Arrowood was the lead prosecutor of University of Tennessee Professor Anming Hu, an internationally-renown nanotechnology expert and the first academic to go to trial under the now-defunct “China Initiative.”

Court testimonies and documents show that Professor Hu was subject to a two-year Federal Bureau of Investigations (FBI) investigation started by a Google search, not a criminal predicate. Professor Hu was fired by the University of Tennessee at Knoxville based on misleading and false information provided by the government.

When the false allegation that Professor Hu spied for China could not be supported by facts and evidence, he was pressed to spy on China for the U.S. government. After Professor Hu refused, Mr. Arrowood mounted a wire fraud case against Professor Hu. The jury deadlocked, and a mistrial was declared.

On June 17, 2021, three members of the House Judiciary Committee, Reps. Ted Lieu, Mondaire Jones, and Pramila Jayapal, referred the case to the Inspector General at the Department of Justice for review out of concerns of alleged misconduct of the FBI in Professor Hu’s case.

Mr. Arrowood’s wrongful prosecution of Professor Hu betrayed the public trust and confidence we all place in our judicial system.

According to media report, a member of the all-white jury entered the 2021 trial assuming that the government handled the case with honesty and integrity. At the end of the mistrial, she concluded publicly that it was “the most ridiculous case” and “if this is who is protecting America, we’ve got problems.”

Instead of reviewing his weak case and acting in the interests of justice, Mr. Arrowood pursued a retrial of Professor Hu.

In the order to acquit Professor Hu of all charges in the indictment, Judge Thomas Varlan ruled that the government's evidence, even if given in the light most favorable to the government, would be clearly insufficient for a rational jury to convict Professor Hu of the crimes alleged.

Despite the judge's ruling, the unjust prosecution forever changed the lives of Professor Hu and his family. To this day, Professor Hu describes that period as "the darkest time of [his] life" as he and his family endured financial instability, traumas, family separation, and a long battle for justice.

The nomination of Mr. Arrowood is an affront to the Asian American, immigrant, and scientific communities. It opens a new wound when we still need to heal from years of prosecution and targeting of Asian Americans and immigrants during and before the "China Initiative." Our communities continue to work towards justice and ensuring substantive reforms to end the targeting and profiling of Asian Americans and immigrants.

Mr. Arrowood demonstrated his poor judgment, wasted valuable taxpayers’ dollars, failed to uphold justice and fairness, and eroded public trust. His wrongful prosecution of Professor Hu, not once but twice, is deplorable and an embarrassment to our nation.

In an exclusive interview with Tennessee Lookout on August 11, 2022, Professor Hu called for President Joe Biden to withdraw the nomination of Mr. Arrowood.  “My case was a case of wrongful prosecution, and I believe (if Arrowood is confirmed) similar things will happen again and will damage long term the U.S. (government’s) reputation,” Professor Hu said. “If you do something wrong, you should have consequences. Instead, (Arrowood) is getting rewarded. It is very unfair. I do not think this is a reasonable nomination.”

On August 20, 2022, Professor Hu and his family wrote to the White House requesting President Biden to rescind the nomination of Mr. Arrowood. Professor Hu cited four explanations for his objection:

As the leading prosecutor, Mr. Arrowood should have stopped this wrongful investigation and never brought this case forward for prosecution.
As an Assistant U.S. Attorney, Mr. Arrowood himself did not understand the law that he was prosecuting.
This wrongful prosecution created a strong chilling effect among the Chinese American community.
This nomination has harmed the reputation of the U.S. government.

APA Justice, Asian American Scholar Forum, Tennessee Chinese American Alliance, and United Chinese Americans launched this nationwide campaign to support Professor Hu and oppose the nomination of Mr. Arrowood. We give voice to Asian Americans and immigrants, the scientific and academic community, and to the impacted persons and their families.

We call for the White House to withdraw the nomination, and the Senate Judiciary Committee to take no action on the nomination before a thporugh investigation and a hearing have been completed.

We will continue to collect organizational and individual co-signers until there is an end to the nomination of Mr. Arrowood. Please help spread the word if you have already signed on and fill out the form here if you have not yet done so: https://bit.ly/OpposeArrowoodNomination

Please help spread the word about this campaign widely. We also encourage organizations and individuals to send their own letters directly to the White House and the Senate Judiciary Committee. Email contact@apajustice.org if you have any questions or comments.

Note: Organizers of the campaign retain the right to decide on the final co-signers to the letters.

Links and References

United States v. Hu (TV1) (3:20-cr-00021). District Court, E.D. Tennessee. https://bit.ly/3u884RX
APA Justice: Anming Hu.  https://bit.ly/APAJ_AnmingHu

2022/10/06 Knox News Opinion:  Biden nominee for U.S. Attorney position in East Tennessee causes concerns | Opinion
2022/09/30 Nikkei Asia:  Chinese Americans oppose U.S. attorney nominee over targeted prosecution
2022/09/26 Asian American & Pacific Islander Legislative Caucus: Letter to Senator Diane Feinstein
Asian American & Pacific Islander Legislative Caucus: Letter to Senator Alex Padilla
2022/09/20 WPLN: AAPI advocates are calling for Biden to withdraw his nomination for one of Tennessee’s top prosecutors
2022/09/06 Impacted Scientists: Letter to President Biden requesting the withdrawal of the Nomination of Mr. Casey Arrowood
Impacted Scientists: Letter to the Senate Judiciary Committee Requesting No Action on The Nomination on Mr. Casey Arrowood Before a Through Review
2022/09/02 Committee of Concerned Scientists: CCS Urges President Biden to Withdraw Nomination of Casey Arrowhead as US Attorney in Eastern Tennessee
2022/09/01 AsAmNews: Opposition grows to Biden nomination of lawyer in Chinese spy case
2022/08/31 Tennessee Lookout: Asian American groups urge rejection of nominee for U.S. Attorney in Tennessee’s Eastern District
API Middle Tennessee: Statement on Casey T. Arrowood Nomination
Tennessee Bar Association: Asian American Groups Oppose U.S. Attorney Pick for Eastern District
Yahoo News: Asian American advocacy groups oppose nomination of US attorney candidate in Tennessee
Anming Hu letter to the Senate Judiciary Committee requesting rejection of Arrowood nomination.  https://bit.ly/3RezeT6
2022/08/24 APA Justice Newsletter: Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood
2022/08/22 Coalition draft letter to President Biden to withdraw the nomination of Casey Arrowood.
  Coalition draft letter to the Senate Judiciary Committee to take no action on the nomination of Casey Arrowood
UCA: Oppose the Nomination of Casey Arrowood to Be US Attorney
Group joint letter to CAPAC Chair Rep. Judy Chu. https://bit.ly/3PWOFh8
2022/08/20 Anming Hu letter to the White House requesting withdrawal of Arrowood nomination. https://bit.ly/3wizTum
2022/08/15 Group joint letter to President Joe Biden. https://bit.ly/3e2gNCt
Group joint letter to Vice President Kamala Harris. https://bit.ly/3RfwN25
Celeste Pewter: call your Senators and oppose the nomination of Casey Arrowood
2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination. https://bit.ly/3C1YiYv
Tennessee Bar Association: UT Professor Hu Criticizes Biden’s Pick for Prosecutor.  https://bit.ly/3cjjU8x
2021/09/09 U.S. District Court Eastern District of Tennessee. Memorandum Opinion and Order. Document 141, Case 3:20-cr-00021-TAV-DCP. https://bit.ly/38RTaXp
2021/06/23 Intercept. “Ridiculous Case”: Juror Criticizes DOJ for Charging Scientist with Hiding Ties to China.  https://bit.ly/3xNnBZ3
2021/06/17 Joint letter by Reps. Ted Lieu, Mondaire Jones and Pramila Jayapal to DOJ Inspector General Michael Horowitz. https://bit.ly/3yizJ4L
2021/06/13 Knox News.  Trial reveals federal agents falsely accused a UT professor born in China of spying.  https://bit.ly/3zimH8q

Perception Studies and Surveys

2022/02/23 University of Michigan Association of Chinese Professors: Impact of Federal Policy on Academic Research and Academic Brain Drain
2022 Asian American Scholar Forum: Caught in the Crossfire: Fears of Chinese-American Scientists
Asian American Scholar Forum: Supplemental Materials for Caught in the Crossfire: Fears of Chinese-American Scientists
Asian American Scholar Forum: National Academic Climate Survey Findings
2021/10 University of Arizona and Committee of 100: Racial Profiling Among Scientists of Chinese Descent and Consequences for the U.S. Scientific Community
2021/10 American Physical Society: Research Security Policies & Their Impacts: Key Results of APS Member Survey
2021/07 University of Michigan Association of Chinese Professors: UM-ACP July 2021 Survey

Asian American Administrators

2022/09/26 Progress and Status of a National Leadership Conversation
2022/07/12 An Asian American Leadership Conversation

Presidential Proclamation 10043

Baryshnikov v. Mayorkas (2:22-cv-02140)

On May 29, 2020, the Trump administration announced Presidential Proclamation 10043 (PP 10043) "Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China." By September 9, 2020, CNBC reported that over 1,000 visas for Chinese nationals were cancelled because they were deemed security risks with military ties. These students were not given any explanation as to why their visas were revoked under the Proclamation, nor any opportunity to challenge the revocation. According to The College Post on February 5, 2021, Visa restrictions may block one-fifth of Chinese graduate STEM enrollment annually.

On June 10, 2021, the American Council on Education (ACE) sent a letter, co-signed by a number of higher education associations, to the U.S. Department of State under the Biden administration outlining concerns about the application of Presidential Proclamation 10043 on student and scholar visa applications at U.S. embassies/consulates.

On August 10, 2021, Forbes reported that "Biden Keeps Costly Trump Visa Policy Denying Chinese Grad Students." On September 15, 2021, a Department of State Federal Register notice announced the Secretary of State's delegation of authority to the Assistant Secretary for Consular Affairs to make national interest determinations under the PRC "Military-Civil Fusion Strategy proclamation to exempt students and researchers who would be otherwise covered by the entry bar under that proclamation, but "whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."

On June 27, 2022, a civil lawsuit was filed in the U.S. District Court for the Central District of Illinois Urbana Division. Led by a professor of Mathematics and Electrical and Computer Engineering at the University of Illinois at Urbana-Champaign and a group of students affected by the PP10043 ban, the lawsuit challenges the U.S. Government's continuing efforts to ban the entry of Chinese nationals who seek to study at U.S. universities.

Links and References

Website: https://www.10043.org/
Federal Register: Presidential Proclamation

2022/08/13 Forbes: U.S. Universities Face Headwinds In Recruiting International Students
2022/08/11 Wall Street Journal: Chinese Student Visas to U.S. Tumble From Prepandemic Levels
2022/06/27 Plaintiffs' Original Complaint for Declaratory and Injunctive Relief
2022/05/26 Department of State: Speech by Secretary of State on The Administration’s Approach to the People’s Republic of China
2021/09/15 NAFSA: Proclamation Suspending Entry of Chinese Students and Researchers Connected to PRC “Military-Civil Fusion Strategy"
2021/08/10 Forbes: Biden Keeps Costly Trump Visa Policy Denying Chinese Grad Students
CNN: A Trump-era policy that shut out top Chinese students could be hurting America more than Beijing
2021/07/27 Science: U.S. visa rejections shattered Chinese students’ dreams. Now they’re fighting back
2021/06/10 ACE: American Council on Education Letter to USDOS Regarding PP10043 Suspending Entry of Students/Researchers from China
2021/02/05 The College Post: Visa Restrictions May Block One-Fifth of Chinese Graduate STEM Enrollment Annually: Study
2020/09/28 APS: APS Files FOIA Request in Response to Revocation of Visas for Chinese Students
2020/09/09 CNBC: U.S. cancels over 1,000 visas for Chinese nationals deemed security risks
2020/05/29 Presidential Proclamation 10043: Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China

2020 Ended With A Positive Story

Latest Updates

2022/08/05 AP: Texan sentenced to 25 years for virus-era attack on Asians
CBS News: Texan sentenced for attacking Asian family with steak knife at Sam's Club
2022/08/04 Department of Justice: Texas Man Sentenced on Hate Crime Charges for Attacking Asian Family

On February 24, 2022, the Washington Post published Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges. A 21-year-old Texas man, Jose Gomez III, who attempted to kill an Asian man and his young child because he thought they were Chinese — and therefore, he said, responsible for the coronavirus pandemic — has pleaded guilty to federal hate-crime charges. He slashed the 6-year-old boy’s face. “The blade entered millimeters from [the boy’s] right eye, split his right ear, and wrapped around to the back of his skull,” prosecutors said. Gomez then stabbed a White employee who had intervened to stop the attack.

Justice Department officials said that while Gomez was pinned down after being subdued, he yelled to the family, “Get out of America!” Gomez later told local authorities that he had never seen the father before but had perceived him as a “threat” because he supposedly “came from the country who started spreading the disease around.” He admitted to trying to kill the father and the 6-year-old in an effort to “stop the threat.” Gomez pleaded guilty to three counts of committing a hate crime and faces a maximum sentence of life in prison and a total of $750,000 in fines.

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 the grip strength is down to 40%.

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.

Links and Reference

2021/03/02 AP News: Victims of anti-Asian attacks reflect a year into pandemic
2021/02/23 PBS News Hour: ‘Words matter’ as Asian American leaders urge action against hate crimes

NSF's Fundamental Research Security (JASON) Report

On December 11, 2019, the National Science Foundation (NSF) released a report titled "Funda mental Research Security." The JASON advisory group, founded in 1960 with outside experts who specialize in both science and security, was commissioned to conduct a study and recommend ways for NSF to protect research integrity and maintain balance between openness and security of scientific research.

According to NSF, the JASON report’s findings affirm many of the principles that have already been guiding NSF’s efforts to address security in science, including the need to address the threat carefully, and with the engagement of stakeholders in research, law enforcement and intelligence. Among the themes that emerged from the study were the value of foreign scientific talent in the U.S. and the need to include disclosures of commitments and potential conflicts of interest in the notion of “research integrity.”

The JASON report produced 9 primary findings and 9 recommendations with the following conclusion:

"JASON concludes that many of the problems of foreign influence that have been identified are ones that can be addressed within the framework of research integrity, and that the benefits of openness in research and of the inclusion of talented foreign researchers dictate against measures that would wall off particular areas of fundamental research. We expect that a reinvigorated commitment to U.S. standards of research integrity and the tradition of open science by all stakeholders will drive continued preeminence of the United States in science, engineering, and technology by attracting and retaining the world’s best talent."

On December 12, 2019, Nature published an article quoting the JASON report that the threat of improper foreign influence on US science — in particular from China — is real and growing, ... but the US government should address the situation in ways that preserve the country’s ability to attract top international talent. Steven Pei, a physicist at the University of Houston and former chair of the advocacy group United Chinese Americans in Washington DC, says the report's recommendations strike the right balance between strengthening disclosure rules and maintaining openness in scientific research.

China’s efforts to gather information and influence the US science enterprise are probably the largest and most organized, the JASON report says. But it warns against assuming that Chinese citizens working in the United States, or US citizens of Chinese descent, agree with the Chinese government. Such individuals “should be judged on their personal actions and not by profiling,” the Jasons wrote (page 23).

Links:

2019/12 JASON: Fundamental Research Security

2019/12/20 Science: U.S. takes aim at foreign influence

2019/12/11 National Science Foundation: NSF releases JASON report on research security
Nature: Keep US research open amid threat from China, says elite JASON group
Chemical and Engineering News: New restrictions on foreign scientists or fundamental research not needed, defense panel says
Science: U.S. scientists who hide foreign ties should face research misconduct sanctions, panel says
Federation of American Scientists: JASON Science Advisory Panel Preserved

2019/03/18 Science: NSF hopes Jason can lead it through treacherous waters

Trump Administration's Ban of WeChat

On August 6, 2020, President Donald Trump signed an executive order seeking to ban U.S. "transactions" with WeChat in 45 days.

On August 21, 2020, the U.S. WeChat Users Alliance (USWUA) filed a civil lawsuit - a Complaint for Declaratory and Injunctive Relief against All Defendants - with the Northern District of California. Docket for case 3:20-cv-05910 is available online.

On September 18, 2020, the U.S. Department of Commerce announced that it will prohibit U.S. transactions with WeChat starting September 20, citing national security and data privacy concerns.

On September 18, 2020, Advancing Justice | AAJC issued a blog statement as part of its Anti-Racial Profiling Project that "[t]he potential ban of WeChat, the 5th most-used social app in the world, would have serious impacts on Asian Americans and communities of color." "There are real issues that should be studied and addressed. Such issues, however, do not seem to warrant an outright ban of WeChat in the U.S.," the statement concludes.

On September 19, 2020, Federal Judge Laurel Beeler issued an injunction against President Trump’s executive order. According to media report, the U.S. government could now appeal to the Ninth Circuit court to seek to overturn the stay.

On September 21, 2020, USWUA announced that it has raised more than $1 million. Continuing developments about this issue are reported in the following links and references:

Links and References

Wikipedia: WeChat
CourtListener docket: U.S. WeChat Users Alliance (3:20-cv-05910), District Court, N.D. California
U.S. WeChat Users Alliance (USWUA) website

2020/10/30 MIT Technology Review: Censored by China, under attack in America: what’s next for WeChat?
2020/10/27 South China Morning Post: WeChat ban: US appeal court rejects government request to immediately remove app from Apple, Google stores
2020/10/23 The Verge: Judge again blocks Trump administration push to ban WeChat in the US
2020/10/22 SupChina: Can WeChat be woke? The progressive Chinese Americans countering right-wing narratives
2020/10/07 The Daily Orange: WeChat is critical to Syracuse University’s Chinese student community
2020/10/05 New York Times: WeChat, Wild Rumors and All, Is Their Lifeline. Washington May End That
2020/10/02 New York Times: U.S. Appeals Injunction Against WeChat Ban
2020/10/01 Vox: How Trump’s attempted WeChat ban would devastate Chinese American families like mine
2020/09/22 The Guardian: ‘I will be cut off’: Chinese Americans feel targeted by Trump's WeChat order
2020/09/21 USWUA: 美微联会捐款动态更新
2020/09/20 USWUA: 美华人获历史性胜利，微信禁封令被联邦法官叫停！
New York Times: U.S. Judge Temporarily Halts Trump’s WeChat Ban
Bloomberg: Trump's WeChat Curbs Halted by Judge on Free Speech Concerns
Los Angeles Times: Trump’s WeChat ban is on hold after judge grants preliminary injunction
2020/09/19 VICE: Trump's WeChat Ban Could Cut Off Chinese Americans From Their Families
2020/09/18 Advancing Justice | AAJC: WeChat and the impact on Asian Americans and communities of color
U.S. Department of Commerce: Commerce Department Prohibits WeChat and TikTok Transactions to Protect the National Security of the United States
2020/09/16 UCA: 122 Chinese American Organizations Asking White House to Rescind its Executive Order on WeChat Ban
2020/08/24 Washington Post: The Technology 202: New lawsuit against Trump highlights risks of blanket WeChat ban
2020/08/21 AP: A US WeChat ban could hurt many in America, not just China
USWUA: COMPLAINT for Declaratory and Injunctive Relief
2020/08/07 Reuters: WeChat U.S. ban cuts off users link to families in China
2020/08/06 White House: Executive Order 13943 on Addressing the Threat Posed by WeChat

Congratulations to Peter Waldman, reporter for Bloomberg Businessweek, for winning the New York Press Club Award for Magazine for his "New Red Scare" series last year about the rise of McCarthyism toward Chinese Americans:

2019/06/13 The U.S. Is Purging Chinese Cancer Researchers From Top Institutions
2019/07/18 U.S. Targeting of Chinese Scientists Fuels a Brain Drain
2019/12/10 Mistrust and the Hunt for Spies Among Chinese Americans
2019/12/31 As China Anxiety Rises in U.S., Fears of New Red Scare Emerge

U.S. Targeting of Chinese Scientists Fuels a Brain Drain

On July 18, 2019, Bloomberg reported on the story of Xin Zhao, a prize-winning Ph.D. from the College of William & Mary in Virginia, whose startup fled the U.S. after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search.

“My dream was defeated,” says Zhao, whose crew-cut and boyish face belie the brash candor with which he tells his story. “I came here for freedom and security. Now fear is pushing us back to China.”

Inventors with Chinese last names account for one out of every 10 new patents in the U.S. today, up from less than 2% in 1975... While China lost more than 50,000 inventors to emigration from 2002 to 2011, the U.S. welcomed a net gain of more than 190,000, as measured by patent registrations, according to data compiled by the World Intellectual Property Organization, an arm of the United Nations.

How NOT To Cure Cancer:
The U.S. is purging Chinese scientists in a new Red Scare

On June 13, 2019 Bloomberg Businessweek published The U.S. Is Purging Chinese Cancer Researchers From Top Institutions . The NIH and the FBI are targeting ethnic Chinese scientists, including U.S. citizens, searching for a cancer cure. It includes the first account of what happened to Xifeng Wu.

Additional Links and Reports

2019/07/19 Science: Mystery surrounds ouster of Chinese researchers from Canadian laboratory
星島日報 華裔科學家頻遭針對科研生態受創難重建

2019/07/16 The Telegraph: Chinese researchers stripped of security clearance at Canada lab for deadly human diseases

2019/07/15 National Post: Dismissal and investigation by RCMP of Winnipeg co-inventor of Ebola drug stuns colleagues

2019/06/14 北美新视界: 红色警戒 | 吴息凤的遭遇以及美国顶级科研机构对涉中研究人员的清理

2019/06/14 Clean Technica: FBI & NIH Demonize Chinese Researchers As Trump-Inspired Paranoia Spreads Across America

2019/06/14 《知识分子中文报道》: 美媒揭秘FBI等如何以“莫须有”围剿华人科学家

Activists Including APA Justice Resist New "Red Scare"

On August 27, 2019, the South China Morning Post reported on the current state of fear of a new "Red Scare" and the fight including APA Justice against the targeting of Chinese Americans.

"As more Chinese Americans find themselves targeted in the increasingly bitter stand-off between Beijing and Washington, legislators, community groups and legal experts are pushing back in hopes of sending a message that enough is enough," the report said.

"The US has arrested scientists of Chinese origin on industrial espionage and other charges, and multiple times the cases have been dropped for lack of evidence."

"Chinese-Americans readily acknowledge that Beijing targets people of Chinese descent and that the US has every right to defend itself. But a disproportionate number of recent cases end up snaring innocent people targeted through racial profiling, eroding constitutional guarantees and wreaking havoc with individual lives and the community’s reputation."

"Many scientists and academics of Chinese descent also end up accused of such violations as using pornography, cheating on expenses or making inaccurate disclosures to investigators when prosecutors fail to find evidence of links to China... There’s more collateral damage than protecting against espionage."

"There are some legitimate concerns, but they are inflated, and Chinese Americans are being demonised. They’re collateral damage, like children caught in a broken marriage..."

Ongoing efforts call for greater accountability over the security establishment, raising public awareness, continuing to promote understanding and dialogue, building community unity and coalitions, providing training, and taking legal actions against discrimination and wrongful arrest."

Read the entire report here.

2019年8月27日，《南华早报》报道当前对新“红色恐慌”的担忧以及包括APA Justice在内对针对华裔美国人的斗争。

报道称，"随着越来越多的华裔美国人发现自己成为北京和华盛顿之间日益激烈对峙的对象，美国国会议员，社区团体和法律专家正在开始反击，希望借此传达一个信息: 受够了。"

“美国以工业间谍和其他罪名逮捕了多名华裔科学家，由于缺乏证据，这些案件很多被撤销。"

“美籍华人欣然承认，北京方面针对华裔，美国完全有权自卫。但最近发生的不成比例的案件以种族定性为目标，将无辜的人拖入圈套，侵蚀了宪法保障，对个人生活和社区声誉造成严重破坏。"

“当检察官未能找到与中国有关联证据的时候，许多无辜华人科学家和学者被指控犯有使用色情内容，欺骗费用或向调查员撒谎等行为... (欲加之罪，何患无词)，附带的损害(因此)比防止间谍活动更多。"

“有一些担忧是合理的，但它们被夸大了，华裔美国人正在被妖魔化。他们是附带的损害，就像陷入婚姻破裂的儿童一样..."

目前的努力包括要求加强对安全机构的问责制，提高公众意识，继续促进理解和对话，爭取社区团结和联盟，提供培训，并采取法律行动反抗歧视和非法逮捕。"

在这里阅读整个报道。

Another Bungled Economic Espionage Prosecution
又一拙劣的经济间谍指控

On July 17, 2019, law.com published a commentary titled: “Daily Dicta: Prosecutions Don’t get much More Pathetic Than This Case Against a Louisiana Scientist.”

“This case” refers to the prosecution of Dr. Ehab Meselhe, a prominent Egyptian American professor of the Department of River-Coastal Science and Engineering at Tulane University. There is a second defendant in the case, Mr. Kelin Hu (胡克林), a computer scientist and research assistant professor at Tulane University who is a U.S. permanent resident born in China.

Both men were charged by the U.S. government for conspiracy and attempt to steal trade secrets (a computer simulation program that models how the Mississippi River Delta might evolve due to environmental changes and projects the impact of proposed restoration efforts) and to commit computer fraud and abuse on May 29, 2019 (case number 3:19-cr-00061). According to a media report, Mr. Hu was dramatically escorted from the Water Institute of the Gulf building by Baton Rouge police officers and FBI agents.

After the U.S. government admitted that “it cannot meet its burden of proof in this matter” on July 15, the case was dismissed by the Louisiana Middle District Court. “I was a federal prosecutor for 20 years in New Orleans, and I’ve never seen anything like this,” said Dr. Meselhe's lawyer.

FBI Director Christopher Wray has testified in Congress on July 23 that The FBI has over 1,000 investigations open into attempted intellectual property theft, nearly all of them involving Chinese.

2019年7月17日，law.com发表了一篇题为《每日名言: 没有比这桩针对路易斯安那州科学家的案件更可悲的了》的评论文章。

“本案”指的是对杜兰大学河滨科学与工程系著名美籍埃及裔教授Dr. Ehab Meselhe 梅塞尔赫博士的起诉。此案的另一名被告Mr. Kelin Hu (胡克林)是一名计算机科学家，杜兰大学研究助理教授，也是出生在中国的美国永久居民。

两人在2019年5月29日被指控企图阴谋窃取商业机密(一个关于密西西比河三角洲地区如何由于环境变化而对提议修复项目产生影响的计算机程序模拟模型)和计算机欺诈和滥用罪(案件号码：3:19-cr-00061)。据媒体报道，胡克林引人注目地被路易斯安那州巴吞鲁日的警官和FBI特工带出海湾水利研究所大楼。

7月15日，在美国政府承认“在这件事上它无法承担举证责任”之后，路易斯安那州中央地方法院撒消此案。“我在新奥尔良做了20年的联邦检察官，从来没有见过这样的事情，”梅塞尔赫博士的律师说。

美国联邦调查局(FBI)局长克里斯托弗·雷(Christopher Wray)7月23日在国会作证表示，FBI对超过1,000起试图盗窃知识产权的案件展开了调查，几乎所有案件都涉及华人。

Additional Links and Reports

2019/07/17 Law.com: Daily Dicta: Prosecutions Don’t Get Much More Pathetic Than This Case Against a Louisiana Scientist

2019/07/16 Tulane University: Statement on Professor Ehab Meselhe and Research Assistant Professor Kelin Hu

2019/07/15 NOLA.com: In stunning reversal, charges dropped against Louisiana coastal scientists accused of stealing 'trade secrets'

2019/07/15 U.S. Department of Justice: Motion to Dismiss Case 3:19-cr-00061 USA v Meselhe and Hu

2019/07/02 Business Report: Indicted coastal researcher fires back at feds, sues TWIG over records request

2019/07/01 NOLA.com: Shock waves from Water Institute: How criminal case over disputed 'trade secrets' hits Louisiana

2019/06/05 The Advocate: Ex-Water Institute employees now at Tulane accused of plotting to steal trade secrets

More details about this case and all known prosecutions under the Economic Espionage Act since its enactment are available are at https://jeremy-wu.info/fed-cases/

Department of Energy Policy Change and Directives

On June 13, 2019, The American Institute of Physics (AIP) reported that "The Department of Energy (DOE) has issued a directive prohibiting its employees and most contractor personnel from participating in certain talent recruitment programs operated by rival nations." DOE officials have said the policy is currently limited to four: China, Iran, North Korea, and Russia.

AIP first reported "US Government Escalates Opposition to Chinese Talent Recruitment Programs" in February 2019, including a link to a January 31, 2019 DOE memorandum.

Links and Reports

2019/06/11 Physics World: US energy department cracks down on foreign recruitment programmes

2019/06/07 The Scientist: US-China Tensions Leave Some Researchers on Edge

2019/06/02 AP: At LANL, political pawn or security risk?

2019/05/28 Science: Former Los Alamos physicist denies federal charges he lied about China ties

2019/05/28 South China Morning Post: US scientist Turab Lookman pleads not guilty to lying about contact with Chinese state programme that recruits foreign talent

2019/05/28 Albuquerque Journal: LANL scientist pleads not guilty to lying about contacts

2019/05/24 Albuquerque Journal: Former LANL scientist charged with lying

Tarub Lookman - Retired Los Alamos Physicist

On May 22, a federal grand jury indicted Tarub Lookman, a naturalized U.S. citizen of Indian origin, on three charges of making false statements about his contacts with the Thousand Talents Program, which since 2008 has used offers of salaries and other support to establish ties with scientists working outside of China.

According to Science, Dr. Lookman spent 2 decades at the Department of Energy’s Los Alamos National Laboratory (LANL) in New Mexico, beginning in 1999. He has a doctorate in theoretical physics and was awarded a prestigious LANL fellowship in 2017.

On May 28, Dr. Lookman pleaded not guilty to the federal charges. He was released to home detention with a GPS monitoring bracelet after posting a $50,000 bond.

IEEE Lifts Restrictions on Editorial and Peer Review Activities

On My 22, 2019, the Institute of Electrical and Electronics Engineers (IEEE) issued a statement that forbids its colleagues from Huawei and 68 of its affiliates from reviewing or accessing non-public papers submitted by other persons for publications; purchasing IEEE products such as hats, sweatshirts, or even coffee mugs; or participating in any non-public meetings that involve technical discussions.

On June 2, 2019, IEEE issued an update statement reversing its restrictions on editorial and peer review activities.

According to IEEE, after the U.S. Department of Commerce applied export control restrictions to Huawei Technology Ltd. and 68 of its affiliates, IEEE issued a statement regarding compliance and stated if the U.S. government clarified the application of the U.S. Export Administration Regulations with respect to peer review IEEE would provide an update to the IEEE community.

"IEEE has received the requested clarification from the U.S. Department of Commerce on the applicability of these export control restrictions to IEEE’s publication activities. Based on this new information, employees of Huawei and its affiliates may participate as peer reviewers and editors in our publication process. All IEEE members, regardless of employer, can continue to participate in all of the activities of the IEEE."

According to IEEE, it is the world's largest technical professional organization dedicated to advancing technology for the benefit of humanity.

Links and Reports

2019/06/03 Financial Times: Top industry standards body reverses Huawei ban

2019/06/02 Reuters: U.S.-based engineers' body lifts curbs on Huawei employees

2019/06/02 ZDNet: No ban: IEEE gives Huawei employees the all-clear

2019/05/31 South China Morning Post: China computer research body cuts ties with IEEE in protest at decision to bar Huawei from peer review

2019/05/30 South China Morning Post: World’s largest technical professional society bans Huawei staff from peer review of research

2019/05/29 Synced: ML Community Raises Inclusivity Concerns After IEEE Bars Huawei Paper Reviewers

"My Science Has No Nationality"

This May 29 essay titled "My Science Has No Nationality" by a young Chinese American female physicist describes the plight of many of today's Chinese American scientists in these challenging times between the U.S. and China.

"For Chinese scientists who immigrated to the U.S., where do their hearts and bodies belong? In their home country, where an authoritarian government is increasing its hold on society, aided by technology for surveillance and censorship? Or in a country whose president actively rejects them, where they are painted as spies?"

MD Anderson Cancer Center

On April 19, 2019, the Houston Chronicle and Science jointly reported that 3 scientists were ousted by MD Anderson Cancer Center over concerns about Chinese conflicts of interest, the first such publicly disclosed punishments since federal officials directed some institutions to investigate specific professors in violation of granting agency policies.

MD Anderson took the actions after receiving e-mails last year from the National Institutes of Health, the nation’s largest public funder of biomedical research, describing conflicts of interest or unreported foreign income by five faculty members. The agency, which has been assisted by the FBI, gave the cancer center 30 days to respond.

The departures follow an unprecedented Houston gathering last summer at which FBI officials warned Texas academic and medical institution leaders of the threat, particularly from insiders, and called on them to share with the agency any and all suspicious behavior and information.

On April 25, 2019, the United Chinese Americans (UCA), a nationwide nonprofit and nonpartisan federation and a community civic movement, released a statement to raise concerns for Chinese American scientists as collateral damage in the crossfire between the United States and China due to deteriorating relations, including five appeals to address the current situartion. Read more at Community Responses. This was reported by the Houston Chronicle reported on April 29, 2019 as expressing "grave concern" that ethnically Chinese scientists have become "collateral damage in the crossfire" of deteriorating U.S.-China relations.

Related Links:

2019/12/26 Becker's Hospital Review: 10 people who left academic medicine jobs over ties to China

2019/05/30 Science: MD Anderson clears researcher flagged by NIH for not disclosing foreign ties

2019/05/29 Houston Chronicle: MD Anderson finds fifth NIH rule violation case not serious

2019/05/08 OCA Greater Houston Chapter: Local Asian American Organization Seek Changes from MD Anderson Regarding Investigations Involving Chinese American Researchers

2019/05/08 South China Morning Post opinion: To assuage fear of Chinese scholars, US universities need to set clear rules against espionage and conflict of interest

2019/04/29 Houston Chroicle: Chinese-American group unsettled by MD Anderson faculty outsters

2019/04/26 Science: U.S. universities reassess collaborations with foreign scientists in wake of NIH letters

2019/04/26 Science: Concerns about ties to China prompt firings

2019/04/25 BioSpace: Xenophobia Questions Raised at MD Anderson Following Ouster of Chinese Researchers

2019/04/23 Science: After ousters, MD Anderson officials try to calm fears of racial profiling

2019/04/23 Law.com: Fearing Spies From China, US University General Counsel Scrutinize Researchers

2019/04/22 Inside Higher Ed: MD Anderson 'Ousts' 3 Researchers Flagged by NIH

2019/04/22 ARS Technica: NIH, FBI accuse scientists in US of sending IP to China, running shadow labs

2019/04/22 Wall Street Journal: Cancer Center Moves Against Scientists Over Data-Security Concerns

2019/04/22 New York Times: Wary of Chinese Espionage, Houston Cancer Center Chose to Fire 3 Scientists

2019/04/19 Science: Exclusive: Major U.S. cancer center ousts ‘Asian’ researchers after NIH flags their foreign ties

2019/04/19 Houston Chronicle: MD Anderson ousts 3 scientists over concerns about Chinese conflicts of interest

2019/04/19 MD Anderson: MD Anderson addresses national threat of foreign influence

2019/04/18 Nature: How US–China political tensions are affecting science

2019/04/11 Science: Universities will soon announce action against scientists who broke NIH rules, agency head says

2019/04/05 Washington Post: NIH director apologizes for 'mishandled’ security that blocked Iranian scientists

2019/04/03 Washington Post: NIH police yank Iranian graduate student from lab as agency clamps down on security

2019/03/25 Ropes & Gray LLP: Teleconference and presentation slides on "NIH Inquiries into Foreign Research Support, 'Foreign Components' of Awards, and Personal Income from Foreign Government Entities.

2018/12/13 Nature: NIH considers restrictions to counter foreign influence in research

2001/05/25 Washington Post: Chinese-American Rep. Denied Entry

相关链接:

2019/06/16 北美新视界: 澄清事实、消除恐惧、维护权益: UCA与亚裔社区代表召集休斯顿社区沟通会

2019/06/15 世界日報: 安德森癌症中心調查華裔科學家華聯會關切

2019/06/12 僑報網: 关注华裔科学家！四位华裔代表与安德森癌症中心院长会面

2019/05/02 美国亚裔快讯: “被辞职”科学家考虑起诉安德森癌症中心,该中心须澄清三大问题

2019/05/02 世界曰報: 被辭職華裔科學家尋法律自保

2019/05/02 北美新视界: 重磅！安德森癌症中心认同和响应UCA五点声明

2019/04/26 APAPA俄亥俄: UCA美国华人联合会就目前华裔科学家在美中科技交流事宜上的声明

2019/04/26 美国亚裔快讯: 警醒华裔科学家遭开除：透明守法是最大的护身符

2019/04/24 休斯顿华盟HCA : 学术界有时候比政界还黑暗 — 斗胆评论安德森癌症中心解雇三位华人教授

2019/04/21 北美新视界: 美国华人联合会就目前华裔科学家在美中科技交流事宜上的声明

2019/04/20 今日头条: 美科研机构排外升级：三华人学者被开除

2019/04/19 陌上美国: 第二次麦卡锡主义还是经济间谍？三名华裔教授被开除

Introduction

On March 22, 2019, Science published a joint letter by the Society of Chinese Bioscientists in America (SCBA), the Chinese American Hematologist and Oncologist Network (CAHON), and the Chinese Biological Investigators Society (CBIS). It is titled "Racial Profiling Harms Science." The three groups 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.

NIH Director Dr. Francis S. Collins led a response to the joint letter, stating that NIH is committed to avoiding overreaction, stigmatization, harassment, and profiling. NIH will use its influence and bully pulpit as necessary to speak out against such prejudicial actions, for which there is no place in the biomedical research community.

On March 9, 2019, a seminar titled The New Reality Facing Chinese Americans During the U.S.-China Conflict was held in Chicago. The discussion panel included an Assistant U.S. Attorney, a FBI Special Agent, and representatives of the Asian American community.

The seminar may provide a summary of the current state faced by the Chinese American community:

Discrimination exists and will continue to exist in our society
The cycle of racial profiling has returned and is intensifying
We need to understand the changing legal and political environments and abide by the rules and laws
Do not do stupid things that would get you into trouble

One participant who worked for the U.S. government and received the highest security clearance at one stage of her career commented in the seminar, "[i]n the Chinese community, the greatest fear is that history may repeat itself in this political climate and Chinese Americans may be rounded up like Japanese Americans during WWII to be sent to internment camps if there is a war between U.S. and China. I hope it never happens but I want you to know that this is what people talk about in our community."

The Hoover Institution and Asia Society issued a report titled “Chinese Influence & American Interests: Promoting Constructive Vigilance” in November 2018. The study was notable because previously pro-PRC (People's Republic of China) engagement China scholars were now calling for a change in U.S. engagement with the PRC.  Immediately, the report drew controversy because the title failed to make a distinction between the nation of China and the broad reference to the people of Chinese origin, which may ambiguously infer Chinese nationals, Chinese Americans, and Chinese residents in the U.S.

Section 3 of the 8-section report specifically casts a shadow of suspicion upon the Chinese American community when it alleged that community-based organizations are targeted and under political influence of PRC.  The rest of the report on U.S.-China relationship contains similar allegations and insinuations against Chinese in America. Criticisms of the Hoover report focus on the lack of solid facts and evidence to support the allegations.

Two panels were convened to discuss the controversial Hoover report in February 2019.

In the first panel held on February 11, Professor Gordon H. Chang of Stanford University spoke about “the unsubstantiated allegations, guilt by association, arguments, inaccuracies, innuendos, confused history, and contextualization” against Chinese in America in the Hoover report. Professor Mike Lampton of Johns Hopkins University also spoke about the report’s lack of balance.

The second panel discussion was held on February 14, in which five speakers talked about their perceptions of increasing Chinese Communist Party influence operations in the U.S., and recommendations. At the Q&A, the speakers fielded several critical questions and comments about the negative tone, factual errors, unsubstantiated insinuations, and biased research methods in the report. The owner of a website, which was alleged to be controlled by the Chinese Communist Party in the report, and another commentator pointed out specifically with examples that the report applies its own standard of judgment without verification and validation with the named organizations and individuals.

In a follow-up exchange of emails with Professor Larry Diamond, co-editor of the Hoover report, Dr. Jeremy Wu, a retired government official, raised concerns about the report’s use of the “name and shame” approach bordering on a “Red Scare” tactic, the real-life existence of Chinese Americans victimized by profiling, and the options for retraction or errata.

Despite these discussions and feedbacks, Professor Diamond disclosed that a book based on the Hoover report has already gone to press and “we can't make further changes in the text” except for modifications of a few choice words and tone.

As the Hoover report stands and it is turned into a book without substantive corrections or retractions, it may further incite prejudice and profiling despite the disclaimers. Making accusations of foreign influence or subversion comes dangerously close to what is called McCarthyism during the “Red Scare” period, when proper regard for factual evidence and verification was absent. The “name and shame” approach is also advocated by Department of Justice and FBI officials, but they at least specifically refer to international cyber hackers. The Hoover report seems to be more than willing to use it on fellow Americans and U.S. residents regardless of the legal and ethical implications.

In contrast, the report titled “Course Correction: Toward an Effective and Sustainable China Policy” makes unambiguous reference to the nation China. On page 45, it includes the following paragraph:

"[A]s we defend our country against efforts to inappropriately interfere in our society, we must never forget the gross abuses that historically have occurred in the name of defending America from foreign influence, including the Chinese Exclusion Act of 1882; the internment of Japanese Americans during World War II; and the gross excesses of the McCarthy period that ruined the lives of a large number of innocent patriotic Americans caught up in that “Red Scare.” In retrospect, our country has condemned these past excesses and we must avoid repeating them in the future."

Susan Shirk, a co-chair for the Course Correction report, was also a co-author of the Hoover report in which she expressed the lone dissent. In that dissent, Shirk said she was concerned with an “inflated assessment of the current threat.”  The Course Correction report shows that discussions of foreign policy, despite the diverse opinions, can be conducted without resorting to the incitement of potential profiling and prejudice.

Racial profiling – the use of race, ethnicity or national origin as grounds for suspecting a person or a group of people of having committed an offense – is wrong and un-American. As the U.S.-China relationship reaches a new stage of tension, the U.S. government has intensified its publicity campaigns on the threat of Chinese in America without supporting data and statistics or due consideration of its impact on innocent Americans. The operative term of "nontraditional collectors" may be new, but it is similar to previous terms of “the Fifth Column” and “grains of sand” that were used to cast broad-brush suspicion on the loyalty of Asian Americans.

As a nation of democracy, the United States is not a perfect nation. We have become a better nation over time because we have the capacity to learn and correct our mistakes. Racial profiling is illegal and immoral. There are real-life victims whose career, finance, and reputation have been damaged or ruined. Words of caution by themselves do not make up for the injuries inflicted on these innocent Americans.

Discrimination will continue to exist in our society. The cycle of profiling has returned and is intensifying. Asian Americans must understand the changing political and legal environments and abide by the rules and laws. Of course, we must not do stupid things.

Read more about the scientific/community organizartion responses and media reports to the current states. Universities have also issued statements to support their international communities and stand against racial profiling and discrimination.

2020/09/23 Stanford Daily: Over 100 faculty sign open letter calling for Faculty Senate to reconsider Hoover Institution’s relationship with Stanford

2019/03/25 Ropes & Gray LLP Teleconference presentation slides on "NIH Inquiries into Foreign Research Support, 'Foreign Components' of Awards, and Personal Income from Foreign Government Entities. See link to entire teleconference here.

Racial Profiling Harms Science

Chinese Influence: Real or Perceived? - Gordon H. Chang

Course Correction: Toward an Effective and Sustainable China Policy

Dr. Seuss's Racist Cartoons during WWII

"Have You No Sense of Decency, Sir?"

Compliance Tips in Light of Tightened Enforcement against IP Leaks by U.S. Government
美国知识产权保护执法趋紧环境下的合规建议
June 18, 2019

Are We Again in a "Fog of War?"

Lesson #1: Empathize with the enemy 5:40
Lesson #2: Rationality will not save us 12:15
Lesson #3: There is something beyond one’s self 20:55
Lesson #4: Maximize efficiency 25:40
Lesson #5: Proportionality should be a guideline in war 32:55
Lesson #6: Get the data 40:40
Lesson #7: Belief & seeing are both often wrong 54:30
Lesson #8: Be prepared to re-examine your reasoning 1:06:56
Lesson #9: In order to do good, you may have to engage in evil 1:11:00
Lesson #10: Never say never 1:15:00
Lesson #11: You can’t change human nature 1:22:55

From Robert McNamara's 1995 book In Retrospect: The Tragedy and Lessons of Vietnam. (Wikipedia)

We misjudged then — and we have since — the geopolitical intentions of our adversaries … and we exaggerated the dangers to the United States of their actions.
We viewed the people and leaders of South Vietnam in terms of our own experience … We totally misjudged the political forces within the country.
We underestimated the power of nationalism to motivate a people to fight and die for their beliefs and values.
Our misjudgments of friend and foe, alike, reflected our profound ignorance of the history, culture, and politics of the people in the area, and the personalities and habits of their leaders.
We failed then — and have since — to recognize the limitations of modern, high-technology military equipment, forces, and doctrine. We failed, as well, to adapt our military tactics to the task of winning the hearts and minds of people from a totally different culture.
We failed to draw Congress and the American people into a full and frank discussion and debate of the pros and cons of a large-scale military involvement … before we initiated the action.
After the action got under way, and unanticipated events forced us off our planned course … we did not fully explain what was happening, and why we were doing what we did.
We did not recognize that neither our people nor our leaders are omniscient. Our judgment of what is in another people's or country's best interest should be put to the test of open discussion in international forums. We do not have the God-given right to shape every nation in our image or as we choose.
We did not hold to the principle that U.S. military action … should be carried out only in conjunction with multinational forces supported fully (and not merely cosmetically) by the international community.
We failed to recognize that in international affairs, as in other aspects of life, there may be problems for which there are no immediate solutions … At times, we may have to live with an imperfect, untidy world.
Underlying many of these errors lay our failure to organize the top echelons of the executive branch to deal effectively with the extraordinarily complex range of political and military issues.