It finds, inter alia, that Chinese and other Asian defendants are twice as likely to be innocent as those of other races. It reveals significant disparities in the rates at which people of Asian descent are prosecuted for espionage and the outcomes of those prosecutions. This Study provides the first systematic empirical analysis of racial disparities in DOJ prosecutions for espionage. Moreover, competing assumptions about what disparities might exist do little to help policymakers craft nuanced reform. Tough rhetoric from Department of Justice (DOJ) officials does not, however, equate to evidence that the DOJ is disproportionately prosecuting people of Asian descent and a handful of wrongfully accused Chinese-Americans does not, by itself, prove that we face systemic problems of innocence. Activists rally behind names like Xi Xiaoxing, Sherry Chen, Guoqing Cao, and Shuyu Li, all naturalized American citizens of Chinese descent who were arrested, charged with spying for China, and then, after months of disgrace and hundreds of thousands of dollars in legal fees, revealed to have been innocent. 14 See Woodruff & Arciga, supra note 2 (quoting statement from OCA-Asian Pacific American Advocates). Critics assert that the American intelligence community is racially profiling Asian-Americans as “perpetual foreigners” whose loyalty to their country will always be in doubt. Toren) see also Berlin Fang, The Preposterous ‘Evidence’ that Casts Chinese Students as Spies, China Daily USA, [ (last updated Feb. 15, 2018), [ Others, however, worry that legitimate concerns about Chinese espionage are being twisted into an irrational “Red Scare.” 13 Nicole Perlroth, Accused of Spying for China, Until She Wasn’t, N.Y. 13, 2018), see also Elizabeth Redden, The Chinese Student Threat?, Inside Higher Ed. Intelligence Comm., Global Threats and National Security, C-SPAN, at 1:06:59–1:08:30 (Feb. 18, 2018), students” in higher education is significant and widespread, and that it is “naïve” for universities to think otherwise. 4 See, e.g., Josh Rogin, Waking up to China’s Infiltration of American Colleges, Wash. 26, 2016), [ INTRODUCTIONĪmerica is worried about Chinese spying. Representative Judy Chu, Ap3 Matt Apuzzo, After Missteps, U. 13, 2018, 7:02PM), We cannot tolerate another case of Asian-Americans being wrongfully suspected of espionage. . . . The profiling must end. Bureau of Investigation) see also Betsy Woodruff & Julia Arciga, FBI Director’s Shock Claim: Chinese Students Are a Potential Threat, Daily Beast (Feb. Wray, Febru2 Open Hearing on Worldwide Threats: Before the S.
It’s across basically every discipline. . . . They’re exploiting the very open research and development environment that we have , . . . they’re taking advantage of. us . . . professors, scientists, students in almost every field office that the FBI has around the country. President Donald Trump, Aug1 Annie Karni, Trump Rants Behind Closed Doors with CEOs, Politico (Aug. Lmost every student that comes over to this country is a spy.
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