Organizations to help against racial profiling Chinese for Spies

I was asked if there are some organizations who can offer help to fight racial profiling Chinese for spies.
Here is a few I can find so far. Please comment on additional organizations who might be able to stand up against racial profiling even for high-profile spy cases.

Asian American Legal Defense and Education Fund (AALDEF)
亚裔美国人法律援助与教育基金会
(212) 966-5932
https://www.aaldef.org/

U.S.Commission on Civil Rights(UCCR):
美国国民权利委员会：
(800) 552-6843
http://www.usccr.gov/


THE AMERICAN CIVIL LIBERTIES UNION
美国国内自由联盟 (又译：美国公民自由联盟)
(212)-549-2500
http://WWW.aclu.org


华人权益促进会
http://www.caasf.org/zh-hant/

Organization of Chinese Americans
华裔美国人组织

http://www.ocadfw.org/

 Asian Law Caucus
亚裔法律会议
http://www.asianlawcaucus.org

Chinese Translation of Know Your Rights 知道你的权力[中文版]

中文版第一版翻译完成！ 翻 译本手册的动机是太多的中国留学生和移民不知道自己的权力，在被执法人员宗族歧视性调查的时候处理询问不当， 被执法人员抓住漏洞而被控向联邦执法人员撒谎(lying to federal agents/officers)， 即使执法人员根本没有其他任何证据来逮捕他们。 最近的例子是NASA合同工姜波的案例: (http://bojiangwatch.blogspot.com/ )  在美国的中国血统人士必须吸取深刻教训防止种族迫害。

翻译的全文在：

https://docs.google.com/document/d/1iW8SKHtO3RJ7L1FXB_sW8ugnal5Fw9B6T1D4UNv_Rpg/edit?usp=sharing


This is a follow up of a previous post:
http://bojiangwatch.blogspot.com/2013/04/know-your-rights-when-encountering-law.html

I am pleased to announce that the translation work for "Know your right" has generated its first draft. I am still working with an assistant to iterate on it for the final version.

Here is a few sample translation we have:

Q: Do I have to answer questions asked by law enforcement officers?
A:No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions. (Non-citizen should see Section IV for more information on this topic.)

问：我必须回答执法人员的问题吗？

答: 不是必须的。你拥有宪法所赋予你的保持沉默的权利。一般来说，即使当你不能从执法人员身边走开，当你被拘留或当你在监狱中，你也不必和执法人员（或任何他人）讲话。你不会因为拒绝回答问题而受到惩罚。在同意回答问题前，先咨询律师是个好主意。通常，只有法官可以命令你回答问题。（更多有关非公民身份人士的信息，请参考第四章）

Q: Do I have to answer questions if law enforcement officers have a search or arrest warrant?
A: No. Neither a search nor arrest warrant means you have to answer questions.

问：如果执法人员携带搜查证或拘捕证，我必须回答问题吗？

答：不，无论是搜查证或逮捕证都不意味着你必须回答任何问题。



Q: Can law enforcement officers search my laptop files?  If they do, can they make copies of the files, or information from my address book, papers, or cell phone contacts?

A: This issue is contested right now. Generally, law enforcement officers can search your laptop files and make copies of information contained in the files. If such a search occurs, you should write down the name, badge number, and agency of the person who conducted the search. You should also file a complaint with that agency.


问：执法人员可以搜查我的电脑文件吗？如果他们搜查了我的电脑文件，他们可以拷贝我的电脑文件，或我的地址薄，文件中的信息或手机联系人信息吗？


答：此问题目前正在争论中。通常，一般来讲，执法工作人员可以搜查你的电脑文件并拷贝文件中所含信息。如果此类搜查发生的话，你应记下实施搜查的人员的姓名，佩戴徽章的号码，所在机构。你也应该向那个机构进行投诉。

Q: Can I call my consulate if I am arrested?
A: Yes. Non-citizens arrested in the U.S. have the right to call their consulate or to have the law enforcement officer tell the consulate of your arrest. Law enforcement must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help.


问：如果我被逮捕，我可以给我的领事官打电话吗？
答：是的，可以。在美国被捕的非公民身份人士有权给他们的领事官打电话或请执法人员就你被捕的情况通知你的领事官。如果领事官员决定去看你或和你通话，执法人员必须允许他们这样做。你的领事官也许会帮你找律师或提供帮助。

The dream attorney for Dr. Bo Jiang?

People were discussing hiring a good attorney for Dr. Bo Jiang since his arrest. Right now, his court-assigned attorney, Mr. Fernando Groene, seems competent. Regardless, it is always better to have a plan B just in case.

The best attorney to defend Dr. Jiang should have similar experiences of defending a high-profiling Chinese spy case, such as the one against Dr, Wen Ho Lee. According to Dr. Lee's book My Country Versus Me, there was a legal team defending him. The team had the following members:

• Team Lead:  Mark Hoscher
• Dan Bookin
• John Cline
• Stacy Cohen
• Gregg Fallick
• Edward Gerjuoy
• Griffith Green
• Tom Green
• Heather Hersh
• Brian Hershman
• Nancy Hollander
• Mark Hopson
• Tina Hua
• Kevin Marshall
• K. C. Maxwell
• Richard Myers
• Luan Phan
• Brian Sun.

Especially, the team lead, Mr. Mark Holscher appears to be still active according to his online profile:
http://www.kirkland.com/sitecontent.cfm?contentID=220&itemID=9032

Mark Holscher
mark.holscher@kirkland.com
Download V-Card

Los Angeles
Phone: +1 213-680-8190
Fax: +1 213-808-8097
San Francisco
Phone: +1 415-439-1998
Fax: +1 415-439-1500

It would be a reasonable guess that the attorneys mentioned above could be good candidates to choose from to defend Dr. Bo Jiang.

Dear readers, how do you think? Do you have other recommendations? Please feel free to add your input in the comments area.

Recap of Wen Ho Lee's supporters's website http://www.wenholee.org/

I am very interested in how volunteers helped Wen Ho Lee's case. It turns out there is a website founded by independent volunteers: http://www.wenholee.org/ 

I especially like the independence of this website, which was independent from the victim, from its legal defense fund. It looks like this blog has a role model already.
Ok. Now this blog just copies exactly what wenholee.org did: an independent website advocating justice for Dr. Bo Jiang! 

More information about Wen Ho Lee's supporter website:
http://www.wenholee.org/about

about

Posted Fri, 11/28/2008 - 20:55 by mail@wenholee.org

Cecilia Chang (cecilia@wenholee.org) founded Wenholee.org in October 1999. It was founded before Dr. Wen Ho Lee was indicted or imprisoned on December 13, 1999.

WenHoLee.org is an online organization created and maintained by his supporters
for the sole purpose of advocating justice for Dr.Wen Ho Lee. It is an independent organization separate and apart from Dr. Wen Ho Lee, his family, his legal counsel, or any other person or entity that may be affiliated with Dr. Lee.

WenHoLee.org does not represent Dr. Wen Ho Lee in any way whatsoever, nor does it receive directions or guidance from Dr. Wen Ho Lee or any of the parties mentioned above. Wenholee.org initiates projects on the basis that it believes is the best way to seek justice for Dr. Wen Ho Lee and others cases like Dr. Lee.

WenHoLee.org's activities include reporting on the latest development surrounding the case, posting or linking news articles written by journalists throughout the country, posting support letters from individuals or organizations, initiating petition drives in collaboration with other organizations, promoting rallies, teach-in or any other activities initiated by us or others, and pursuing all avenues available to us to inform and enlighten the public and put an end to the persecution of Dr. Lee and others like Dr. Lee..

Furthermore, WenHoLee.org started out to promote fundraising efforts to benefit Dr. Lee in defraying his legal expenses. Financially and otherwise WenHoLee.org is independent of the Wen Ho Lee Defense Fund. Donations sent to Wen Ho Lee Defense Fund did not go to WenHoLee.org and vice versa. All donations earmarked for the Wen Ho Lee Defense Fund were routed directly to that fund. WenHoLee.org did not control or manage any contributions to the defense fund. Currently, the fundraising activities for Wen Ho Lee Defense fund has completed. WenHoLee.org no longer promotes nor transfer any donation to Wen Ho Lee Defense Fund.

Taxes for donations for legal expenses or humanitarian support

I was asked by a volunteer about what would be federal taxes for Jiang and/or his family if they accept donations for either their legal or living expenses, or just pure gifts. 

I googled around.

• For receiver: A simple answer seems like the receiver will pay zero income tax for a small amount donation (<$10,000) from a donor. This rule can apply to multiple donors as long as each of the donation does not exceed the threshold.  So even though a receiver received $100,000 total donations, he/she may still not need to pay income tax as long as each donor does not donation the threshold.

• For donors: The donations are not tax-deductible for donors neither since Jiang is not a non-profit organization.

I paste my sources below. Free feel to add your comments.

http://askville.amazon.com/pay-taxes-money-donated-result-hardship/AnswerViewer.do?requestId=2994152

$11,000 can be gifted untaxed

According to a CPA I consulted after the death of my brother, you can give up to $11,000 as a gift to a person in one calendar year before gift taxes are imposed.  This came up because we decided to keep my brother's house for my parents and had to pay off the mortgage of $55k.  He told me I could give each parent up to $11k.  He also told me to pay it all off I could make similar gifts to my siblings and then they could gift it to my parents.  We the assistance of two of my remaining siblings we pasted the money around and got the house paid off using my brother's life insurance of which I was the beneficiary.   I wasn't sure if this was just a state law or a federal law but I looked it up and found the below link that agrees with me. The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts. Gifts that are not more than the annual exclusion for the calendar year. Tuition or medical expenses you pay for someone (the educational and medical exclusions). Gifts to your spouse. Gifts to a political organization for its use. Gifts to qualified charities (a deduction is available for these amounts). Annual Exclusion A separate annual exclusion applies to each person to whom you make a gift. For 2002, 2003, 2004 and 2005, the annual exclusion is $11,000. Therefore, you generally can give up to $11,000 each to any number of people in 2002, 2003, 2004 and 2005, and $12,000 in 2006 and none of the gifts will be taxable. If you are married, both you and your spouse can separately give up to $11,000 to the same person in 2002, 2003, 2004 or 2005 ($12,000 in 2006) without making a taxable gift. If one of you gives more than $11,000/$12,000 to a person in any one of these years, refer to gift splitting in Publication 950, Introduction to Estate and Gift Taxes. Gifts to individuals are not deductible on the donor's income tax returns.

http://www.gofundme.com/how-to-fundraise/

16. What about taxes?

We're unable to provide specific tax advice since everyone's situation is different.
While this is no means a guarantee, most donations on GoFundMe are simply
considered to be 'personal gifts' which are not taxed as income in the US.

Additionally, only donations made to a legally registered non-profit or charity may
be considered eligible for donors to claim as a tax deduction. Again, every situation
 is different so please consult with a tax professional in your area.

Know your rights when encountering law enforcement

It is surprising to know that this legal rights information booklet has been translated into multiple versions for 8 foreign languages, but no Chinese version. I am copying the English version here first for savvy readers. Everything has its first time. I plan to translate it into Chinese to benefit the people who are the silent lambs and suffering the most.

Original source:
http://www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement 
http://www.aclu.org/files/kyr/kyr_english.pdf

Another Chinese espionage charge was dropped

Another ongoing case against a Chinese researcher just had its original charge dropped.  The new charges were "computer fraud" and "lying to a federal agent". Yes, we hear it right, lying to a federal agent again, a popular last-resort/catch-all charge to inexperienced or often innocent suspects. A real spy should have known much better: use your rights of keeping silent and never ever talk to police/federal agent. If you still have any double, watch a Law school professor and former criminal defense attorney's Youtube Clip.

This does not really matter. The zealot media coverage about Chinese espionage was done. The propaganda of "Chinese spy" was successful. The public got the information they like to see. Only innocent yellow-skinned people suffer, which nobody can care less. Tax dollars and federal resources are being wasted. You may wonder who will win in the end, except for some people with hidden agendas. Everybody else loses, Yellow, White, and Black. Why cannot America learn something from Wen Ho Lee's case!?

http://www.washingtonpost.com/national/health-science/2-new-indictments-for-man-accused-of-stealing-wisconsin-cancer-drug-data-to-study-in-china/2013/04/11/c3e20db2-a2b3-11e2-bd52-614156372695_story.html

2 new indictments for man accused of stealing Wisconsin cancer drug, data to study in China

 

By Associated Press, Published: April 11

MILWAUKEE — A researcher accused of stealing a possible cancer-fighting compound from the Medical College of Wisconsin has been indicted on two counts.

Online court records say 42-year-old Hua Jun Zhao was indicted Tuesday on charges of computer fraud and lying to a federal agent. A previous charge of economic espionage was superseded by the indictment, meaning it no longer applies unless he’s indicted on that charge as well.

Zhao is accused of stealing three vials of the compound along with academic research that he is accused of planning to pass off as his own. Prosecutors say also he tried to delete research from the school’s servers.

He’ll be arraigned Thursday afternoon in Milwaukee. Public defender Juval Scott says she’ll enter not-guilty pleas on his behalf to the fraud and lying charges.

 

Racial Profiling: What You Can Do

http://www.advancingequality.org/files/Racial_Profiling_What_You_Can_Do.pdf

KNOW YOUR RIGHTS

Knowing your rights is the key to knowing what to do if you find yourself a victim of profiling. Although different types of situations require different actions, knowing your civil rights well enough so that you can exercise them is critical in all profiling cases. At the minimum, you should know that you have the following basic rights:

You have the right to remain silent. The Fifth Amendment of the U.S. Constitution guarantees individuals the right not to answer questions posed to them by law enforcement or other government agents. Law enforcement agents may ask questions, but individuals cannot be arrested simply for refusing to answer them.

You have the right to be free from "unreasonable searches and seizures." The Fourth Amendment protects your right to privacy. Without a search warrant, law enforcement and other government agents may not search your home or office without your consent.

A useful source of information on the legal and civil rights of both citizens and noncitizens is a pamphlet called "Know Your Rights: What to Do If You're Stopped by the Police, the FBI, the INS or the Customs Service." Available in seven different languages, this pamphlet can be found on the ACLU website.

FILE A COMPLAINT

If you have been targeted in a profiling incident, you may wish to file a complaint with the appropriate agency. Information on how to file a complaint with the appropriate agency can be found in the sections below.

Racial Profiling

If you believe that you have been the victim of unfair or illegal racial profiling, you can file a complaint with the DOJ Civil Rights Division's Coordination and Review Section at:

Coordination and Review Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66560

Washington, DC 20035-6560

(888) 848-5306

Their website address is http://www.usdoj.gov/crt/cor/index.htm

Additionally, the DOJ Civil Rights Division's Special Litigation Section investigates and litigates complaints against police departments that exhibit a pattern of discrimination on the basis of national origin. To file a complaint, contact them at:

Special Litigation Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66400

Washington, DC 20035-6400

(202) 514-6255

Their website address is http://www.usdoj.gov/crt/split/index.html

Airport Profiling

The U.S. Department of Transportation's Air Consumer Protection Division is receiving and

documenting complaints of profiling and discrimination at airports. Upon receiving a complaint, the Department of Transportation (DOT) conducts an investigation and works to ensure that passengers receive a reply from the airline. If the DOT finds during an investigation that an airline policy or procedure has violated any official rules or guidelines, the agency takes the appropriate corrective action against the airline.

To file a complaint by email, the individual filing a complaint (and not a third party) should send the following information to Airconsumer@ost.dot.gov:

- The name of the person filing the complaint

- A brief description of the issue or incident

- A statement expressing one's desire to file a complaint and to have the DOT take appropriate action

- Information about the flight, including the date and time of travel

- Contact information, including a phone number, an e-mail address, and a complete mailing address

You may also contact the office directly at:

Aviation Consumer Protection Division

U.S. Department of Transportation

Room 4107, C-75

Washington, DC 20590

(202) 366-5957/5945

Their website address is http://www.dot.gov/airconsumer/problems.htm

Contacting a Legal Advocacy Group

Contact NAPALC or its Affiliates-the Asian American Legal Defense and Education Fund, the Asian Law Caucus, and the Asian Pacific American Legal Center-at:

National Asian Pacific American Legal Consortium

1140 Connecticut Ave., N.W.

Suite 1200

Washington, DC 20036

(202) 296-2300

Asian American Legal Defense and Education Fund

99 Hudson St.

12th Floor

New York, NY 10013-2869

(212) 966-5932

Asian Law Caucus

939 Market St.

Suite 201

San Francisco, CA 94103

(415) 896-1701

Asian Pacific American Legal Center

1145 Wilshire Blvd.

2nd Floor

Los Angeles, CA 90017

(213) 977-7500

You may also consider contacting other legal advocacy organizations as possible resources.

WAYS TO FIGHT PROFILING

What you can do to fight racial profiling is to voice your concerns about the USA Patriot Act and express your support for the End Racial Profiling Act of 2001 (see "Fact Sheets" section for more information on these legislative measures).

One way of making your voice heard is to start an online petition by going to

http://www.petitiononline.com, which is a website that provides free online hosting of public petitions for public advocacy purposes.

Another approach you can take is to contact your local member of Congress. A website called

civilrights.org, which is operated and maintained by the Leadership Conference for Civil Rights, provides an online congressional directory.

Alternatively, you could call the U.S. Capitol Switchboard at (202) 224-3121 and ask for the office of your local Senator or Representative.

Bo Jiang = Wen Ho Lee II?

Many people are discussing if Bo Jiang Case is the Déjà vu of Wen Ho Lee Case. There are indeed quite some similarities between these two cases:

1. Both were explicitly named as a Chinese Spy by Politician and Media BEFORE being convicted. Hey! Does innocent until proven guilty applies to Yellow-skinned people?
2. Both were prosecuted by FBI under immerse political and public pressure, even no solid supporting evidence is available. 

Are you seeing any other similarities? Please add your comments below. 

Volunteers wanted! 呼吁志愿者！

Dear readers,

• Are you Chinese? Or are you just Asian with a yellow face? Jiang's case has lots of racial elements since he was arrested before the government started to investigate without any solid evidences. While a high-profile politician touted him as a spy, he could be charged only with "lying to federal officer" after being asked a tricky question by FBI. Do you want to see this horrible thing happening to you, your family, or your friends? If not, please help build up this blog to protest racial profiling.
• Are you White/Black/Hispanic American? Do you want your precious tax dollars to be spent on witch-hunting or real-spy-hunting?  Do you want to see politicians spinning sensational stories to advance their hidden agenda by victimizing powerless individuals?

If you don't like being racial profiled, don't like wasting your tax dollars, don't like hidden political agendas, please help us keep track of Jiang's case, understand why it is happening, and provide any help you can.

This blog mimics what http://www.wenholee.org did for Wen Ho Lee: advocating Justice for Dr. Bo Jiang. It strongly condemns racial profiling Chinese (or Chinese-alike) Americans, immigrants, students, or visitors in USA for spy. This blog is independent from Bo Jiang or his family. 

 Please remember:

" When the Nazis arrested the Communists,
I said nothing; after all, I was not a Communist.
When they locked up the Social Democrats,
I said nothing; after all, I was not a Social Democrat.
When they arrested the trade unionists,
I said nothing; after all, I was not a trade unionist.
When they arrested me, there was no longer anyone who could protest. "
--- by Martin Niemöller

Lessons from Jiang's case

Regardless if Jiang really did anything bad, the way he handled FBI's inquires may not be best. Here is some relevant tips to handle FBI questions. 

无论姜波是否违法，他处理FBI询问的方式基本是最糟糕的，基本犯了最糟糕的错误。看看网上建议的最佳应付询问的方式 http://ase.tufts.edu/icenter/documents/settlingACLUflyer.pdf

The FBI and other law enforcement agencies have been questioning people based in part on their ethnicity or religion. If the FBI or police contact you for　questioning, you should be aware of your rights. You are not 
required to answer　any questions without an attorney present and you should write down the name,　agency and telephone number of the person who calls or visits you.

1. If an FBI agent or police officer asks to speak to you, tell him or her that　you want to consult with an attorney first. If you want to talk to the FBI or police,your attorney can respond on your behalf to set up an 
interview.

2. ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else. Lying to a federal officer　is a crime. Remaining silent is NOT a crime.

3. You are NOT required to allow the officer into your home or office without　a warrant. Ask to see the warrant. If the officer refuses to show you a warrant, do　not stop him if he forces his way into your home or office. Tell the officer that he　does not have your permission to enter.

4. If the officer says that he has a warrant for your arrest, you have a right to　see the warrant. You must go with the officer, BUT YOU DO NOT HAVE TO　ANSWER QUESTIONS UNTIL YOU CONSULT AN ATTORNEY.

5. If you are detained, you should ask for an attorney and remain silent. If you are detained in an immigration detention center, ask for contact information for immigration attorneys.


从新闻看，姜波违反了上面的第二条。　任何你说的东西都可能被官方拿来告你。一个简单的问题：你随身带了什么？　是个很tricky的问题。没人能够记得清楚自己的所有行李中有啥东西。稍微有错，就可以诬告你Lying to a federal officer. 但是保持沉默不是犯罪。

Based on news reports, Jiang 's English skills are not that great. A question like "what do you carry with you"
can be interpreted as "What do you carry with you in person" or "What do you carry in your luggage".
A foreigner can easily misunderstand the question and give authority the chance to prosecute.

李文和当年也终结他的教训：遇到FBI开口是他烦的最大错误。他以为他在合作，实际FBI在找他的漏洞来陷害他。

According to Wen-Ho Lee's case, Dr. Lee also regretted deeply about his openness to FBI. He thought he opened up to help the government and FBI. But he had no idea he was already a target for prosecution so anything he says would be used against him.

中国留学生很少有美国的法律意识。平时要加强这方面的意识。　

Naive foreign students in USA rarely have good legal preparations for handling inquires properly. They should be really careful about what they say when facing similar situations.