Civil rights groups say the U.S. government’s China Initiative has discriminated against Asian-born scientists.
The U.S. government overplayed its hand in prosecuting U.S. academics under the controversial China Initiative, three federal courts ruled last week.
DOJ issued a statement after Xiao was sentenced saying the department had “recommended a sentence it believed appropriate under the law and facts of the case. [But] we respect the court’s decision.” It declined to comment on the two other cases. But last week U.S. District Judge Julie Robinson took the unusual step of throwing out the three fraud convictions. In her 61-page decision, Robinson noted that the U.S. Supreme Court has held fraud requires evidence that the defendant deprived someone of money or property. But Tao had in fact delivered the research he had promised to his funders and to his university, she wrote. “The evidence presented at trial showed that all three received what they bargained for.
In September 2021, for example, U.S. District Judge Thomas Varlan acquitted mechanical engineer Anming Hu of the University of Tennessee, Knoxville, of six charges of defrauding NASA. “No rational jury could conclude that [Hu] acted with a scheme to defraud NASA by failing to disclose his affiliation” with a Chinese university, Varlan wrote in his 52-page ruling.
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