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Accused China Spy NYPD Officer Gets Sept 2022 Trial Date After CIPA, UN Mission Cited

By Matthew Russell Lee, Patreon Podcast
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EDNY COURTHOUSE, Sept 9 – The penetration of the Chinese Communist Party into New York City, not only the nearly fully purchased United Nations of Antonio Guterres but even the NYPD, became clearer on September 21, 2020. Inner City Press' first tweet here.

On February 12, 2021, Angwang was ordered free on bond, with no GPS location monitoring, below.

 According to an Eastern District of New York filing, on Inner City Press' Document Cloud here, NYPD Officer Angwang, an ethnic Tibetan from China, had CPC handlers in the Chinese consulate just south of the United Nations and reported to them information on pro-independence Tibetans in New York.

This also happens through the UN. So what about indictments there? So far SDNY has only gone after the bribers - Ng Lap Seng and Patrick Ho - and not the bribees, for example Antonio Guterres. Inner City Press, banned from the UN for asking about this, continues to report on it.

Now on September 9, 2021, a trial date has been set: September 12, 2022. By September 30, a Classified Information Procedures Act filing. Inner City Press live tweeted it here (podcast here)

AUSA: We are engaged with the powers that be in DC to meet the new deadline set by your Honor for the classified information. We are limited in what we can do without the approval of the, uh, proper person. The briefing will be ready before Sept 30

 Judge Komitee: What's the path forward?

AUSA: We'll make a length submission then be guided by your Honor. I don't know what your reaction to the briefing will be.  Judge Komitee: The briefing is mostly about sealing and redactions, right? How long might it take?

AUSA from the National Security Division: I obviously can't get into the details... We'll request a protective order under CIPA Section 4. Many judges grant that without any further briefing. Or you could schedule an ex parte, in camera briefing.

 Judge Komitee: My inclination is to set a trial date for the second or third quarter of 2022. Does DOJ think that is realistic? AUSA: I don't think it's unreasonable.

Defense: I'm an innocent bystander here, I have no way to know if it's reasonable.

Judge Komitee: I'll set a trial date for September 12, 2020. And status conference after the CIPA deadline, on Oct 18 at noon. Time is excluded under the Speedy Trial Act. Adjourned.

 Back on January 6, EDNY Judge Komittee held a proceeding and Inner City Press live tweeted it, here and below.

Now on February 12, Judge Komittee has ordered Angwang freed on bond, with no GPS monitoring due to COVID. Inner City Press live tweeted it, here: (Podcast here)

AUSA is asked why DOJ allowed others accused of pressuring people to "return" to China. He says, Angwang had a duty to disclose his link, and is tied to Chinese diplomatic mission in New York (UN).

 Judge Eric R. Komitee asks if DOJ appealed other releases on bond. No, is the answer. But AUSA emphasizes again Angwang's failure to disclose, and links to Chinese Mission on 35th Street.

Judge Komittee: If I were to release Mr. Angwang, how would the fact that he has tested positive for COVID be addressed? AUSA: If MCC is presented with a release order, he would be released and be instructed to quarantine.

 AUSA: The Court could also stay its order until the releasee tests negative for COVID. Defense lawyer: The Angwangs' house in Williston Park has a finished basement. He could be quarantined down there. [Echo of Chris Cuomo earlier in the pandemic]

 Pre-trial services: Given Mr. Angwang's positive COVID status, we could not put on GPS location monitoring bracelet. Instead, we have a program that randomly calls him on a video call to see where he is. It uses facial recognition. [Sounds like China]

 Judge Komitee: There are new data points since October. Mr. Angwang has proposes a more robust bond offer, two more properties - in Maryland. There's a spike in COVID in the prison. Also, we now know there are CIPA issues that will slow the case.

 Judge Komittee: Also, since October other charged with being agents of the People's Republic of China have been release, in one case over the government's objection and the appealed. In others, the government agreed to bail.

Judge Komittee: For all these reasons I am inclined to order Mr. Angwang's release now.

Defense: All the suretor's agreed to a $1 million bond. But now it's a $2 million bond.

Judge Komittee: The Magistrate Judge will do that, my law clerk will tee that up.

 Now on February 2, Angwang's lawyer offers a new gloss on the conversations: "Mr. Angwang cultivated the relationship with PRC#2 for one reason: PRC #2, an ethnic Tibetan, was the community liaison for the Chinese consulate. PRC #2 was exclusively vested with the power to grant or deny visas  applications for ethnic Tibetans in the New York area who sought to return to China. Mr. Angwang was one such ethnic Tibetan. We are only now learning about the Chinese “social credit system” which is used by the government to deny Chinese citizens the right to travel within the country where they have been deemed “untrustworthy” or have spread “false information.” It has long been that case that ex-patriot ethnic Tibetans have suffered from severe restrictions on their ability to obtain visas based upon the same concerns. The Chinese government routinely withholds travel permission from anyone who has a demonstrated history of criticizing the PRC government or who is, merely Tibetan. The entirety of the back and forth between Mr. Angwang and PRC #2, takes place against this backdrop. Mr. Angwang plies PRC #2 with compliments and respect and at all times adopts a solicitous and reverential manner – all with a view towards making sure that he says or does nothing that would give PRC #2 concern about vouching for him. Throughout, it is clear that Mr. Angwang’s purpose for having these conversations is to open PRC #2 up to the idea of recommending the relaxation of visa restrictions for Tibetans. Mr. Angwang can be seen not only lobbying for his own visa, but for all ethnic Tibetans who desire improved opportunities to visit the place of their birth. The idea that Mr. Angwang is an “intelligence asset” collecting information about his fellow Tibetans is simply not borne out by the transcripts of the conversations.

 Now,   "SCHEDULING ORDER as to Baimadajie Angwang re [36] Letter MOTION for Release from Custody filed by Baimadajie Angwang -- The government shall file a response by February 5, 2021; and Defendant shall file a reply, if any, by February 9, 2021. A hearing will be held telephonically on February 12, 2021." Watch this site.

EDNY Judge Komitee: What is the status of discovery? AUSA: A second batch in next week or 2. We have extended a plea offer. We are finalizing our motion under Classified Information Procedures Act Section II. [Inner City Press has covered same on DPRK crypto case]

Judge Komittee: I thought you'd file CIPA motion before today. The defendant is incarcerated so I'd like to move with speed. When can you file CIPA motion? AUSA: By end of this week. We're getting head of agency declarations.

Judge Komittee: Tell me about the CIPA status conference. AUSA: We'll set up motion schedules under Section 4 to delete or restriction discovery. [Why does this scheduling portion have to exclude Press and public? Inner City Press may pursue, in both cases]

 AUSA: At the CIPA status conference, no classified information will be discussed. At that point, we'd request a Classified Information protective order under Section 3, with CIPA officer appointed. Judge Komittee: When shall we do it? AUSA: In a month of the motion

Angwang is in the MDC, where Ghislaine Maxwell is as well. But he is in General Population, which Maxwell says she'd like to be in. Angwang as been offered the SHU, since he was / used law enforcement. This is why Judge Komittee is, correctly, trying to move case

 "86 MDC staff members have been diagnosed with COVID, and even more inmates," Angwang's lawyer says. [This morning Inner City Press covered the guilty plea proceeding of a defendant in the MCC who has tested positive twice for COVID, story soon on that]

 Defense lawyer implies that Angwang might consider a resolution short of trial (that is, a guilty plea) if he could review the electronic discovery. But it is difficult. Lawyer is considering another bail package in, uh, new circumstances.

Judge Komittee: I understand just how Draconian some of the procedures at the MDC are. Some of them may be justified. But I am acutely aware. [Angwang's detention was upheld by 2d Circuit - there is no extradition treaty with China, etc

 Judge Komittee: What is the defense's view if this is a complex case for purposes of the Speedy Trial Act? Defense lawyer: The discovery is voluminous. I have no sense of what is in there. I am not prepared to consent.

Judge Komittee to AUSA: Let's not let case be slowed by access to documents issue. I expect the parties to cooperate. The government should justify Complex Case by a week from Friday, in a letter by January 15. AUSA: We may fold it into our CIPA Section II motion

Judge Komittee: For now I'm excluding time under the Speedy Trial Act. What about Angwang's medical issues? I'm happy to consider any request... Defense may file something. Adjourned.

Podcast here.

 Back on October 2, Angwang was ordered freed, with a stay until the end of the day. Then in an appeal, the stay was extended until October 6 or 7, pending briefings. Inner City Press live tweeted the appeal arguemnt, below.

On October 7, Judge Eric Komitee ordered Angwang's continued detention. Full 16-pagedecision here, free, on Inner City Press' DocumentCloud.

On November 17, Angwang's appeal was heard in the Second Circuit Court of Appeals. Inner City Press again live tweeted, here:

Judge Wesley: The District Court was troubled by your client's untruthfulness.

Angwang's lawyer John Carman: I had no contact with him at that time. So there's an incomplete record. His employment with private Chinese individual in 2014 is irrelevant.

Judge Wesley: Did you misspeak about it?
Carman: I didn't have all the info about his relationship with this private individual. 

Judge Wesley: Is there a trial date?

Carman: They intend to introduce FISA information - could take months. No trial to 2022-23.

Judge Wesley: In similar cases, there is detention.

Carman: But Angwang is a US citizen.

Judge Katzmann: Judge Wesley raised the issue of deceit... 

Carman: The District Court replied on holes in the pre-trial services report... He acknowledged NYPD job, just not the private employment

AUSA Matthew Haggans: Angwang said to his handler, he hoped the info would boost his status with the PRC government - while serving with NYPD. The District Court was also concerned with severe risk of flight in this case. He said he would be content to return to China for gov't

Judge: What about deceit? AUSA: There more context. During the arrest and search pursuant to warrant, the gov found NY drivers' licenses, passports and applications, for St Kitts & Nevis.

Judge: He was going to use another's identity? IDs not useful if for a woman

Judge: I don't understand the risk of flight... Now he's a US citizen. He's got a little child and his wife. How could they leave? If they weren't a risk of flight you wouldn't charge them bail.

AUSA: Angwang knows where to turn, PRC consulate Judge: That's fair

Judge: Why not send this back to be reconsidered without denaturalization being in it? AUSA: Uh... the court has that power. Angwang's lawyer: The Consulate, Angwang was only dealing with because he's an ethnic Tibetan. He can't get a 10 year visa for $50.

Judge Walker: He's not just a Tibetan walking in off the street into the consulate. 

Lawyer: But they don't give him a visa. So did he give them anything, for all of his posturing? I think, No. He doesn't get what he's looking for. Judge: Time's up

And now on December 11, the Second Circuit has upheld Angwang's detention: "Appeal from an order of the United States District Court for the Eastern District of New York (Komitee, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Defendant-appellant Baimadajie Angwang appeals from an order entered on October 7, 2020, in the United States District Court for the Eastern District of New York (Komitee, J.), detaining him pending trial. Angwang is alleged to have, inter alia, acted as an unregistered agent of the People’s Republic of China (“PRC”) by communicating with a PRC official while serving as an NYPD officer. The district court denied bail on the ground that “no condition or combination of conditions w[ould] reasonably assure the appearance of” Angwang as required under 18 U.S.C. § 3142(e). D. Ct. ECF No. 16 (“Bail Order”) at 3.  1 We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal...Even excluding any considerations of denaturalization, there was no such error here. The district court carefully considered the 18 U.S.C. § 3142(g) factors, including both mitigating facts such as Angwang’s military service, as well as aggravating facts. We find no clear error in the district court’s conclusion that, on balance, the aggravating facts—including Angwang’s strong ties to the PRC, his access to significant financial resources, and the seriousness of the allegations against him—render Angwang a flight risk. This holds true even absent any consideration of Angwang’s possible denaturalization, particularly in light of Angwang’s two failed arguments above. Accordingly, the district court did not clearly err in its ultimate denial of bail.  5  We have considered Angwang’s remaining arguments and find in them no basis for reversal. Accordingly, the judgment of the district court is AFFIRMED."

 Inner City Press has asked China's UN Ambassador Zhang Jun about it: "What about today's indictment & detention of your citizen Baimadajie Angwang for spying on New Yorkers from Tibet for your consulate? Is it for your Mission that  @AntonioGuterres  has banned Inner City Press from #UNGA? What's your view of Patrick Ho/CEFC? Xièxiè." We said "we will report any answer(s)."

The response as been for China's "Ambassador" to the UN Zhang Jun to block Inner City Press on Twitter.

 Now on October 1, still blocked and banned from UNSC press conference, Inner City Press has learned that Angwang will be arguing for bail on October 2: "USA V. ANGWANG.   Criminal Cause for Bail Application.*  Deft. – Baimadajie Angwang, NYPD police officer charged with acting as an agent of a foreign government (People’s Republic of China) without prior notification to the Attorney General, wire fraud, false statements and obstruction of an official proceeding.  United States Magistrate Judge Lois Bloom." We'll be there.

Inner City Press published the detention memo, here.

  More than an hour late at 4:30 pm on September 21, Angwang was presented in EDNY. Inner City Press live tweeted it, here:

EDNY Magistrate Judge Roanne L. Mann asks Baimadajie Angwang if he understands his rights.

He says, "Yes your honor." [How many people has he Mirandized? For whom?]

She says the charge involves not telling the DOJ he was working for China.  [Note: in SDNY there's also a case of UN staffer Karim Elkorany for false statements, about him drugging and raping women in Iraq. The UN covered that one up - what's its role here?] Mann: You obstructed National Security investigation, per the charges.

Angwang has privately retained as his lawyer John Carman. [Who is paying him?] Angwang is consenting to detention, unlike for example PPP fraudster Muge Ma, and Patrick Ho was he was arrested.

Magistrate Judge Mann: I am entering a permanent order of detention without prejudice and am terminating the proceeding. 

Watch this site. 


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