Saturday, August 13, 2022

Accused China Spy NYPD Officer Has Sensitive Discovery Info as EDNY Spox Will Not Answer


By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN

EDNY COURTHOUSE, August 12 – The penetration of the Chinese Communist Party into New York City, 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.

   Just as China's Ambassador to the UN blocked Inner City Press on Twitter and refused to answer its written questions, including as the August 2022 President of the UN Security Council, now EDNY spokesman John Marzulli is refusing to answer repeated written questions from Inner City Press, see disclosure below.

On August 12 the office of US Attorney Breon Peace filed: "Enclosed please find discovery in accordance with Rule 16 of the Federal Rules of Criminal Procedure. This production supplements the materials provided on December 23, 2020, and January 13, January 27, February 4, February 23, 2021, April 22, 2021, February 10, 2022, July 25, 2022, and July 29, 2022. The government also requests reciprocal discovery from the defendant. The material enclosed is being produced to you subject to the discovery protective order entered by the Court on November 24, 2020. See ECF No. 28 (“the Protective Order”). The materials are being provided to you via the USAFx platform. Please contact us if you have any issues accessing the materials. The folder bearing Bates number ANGWANG-003191 contains additional employment records and related documentation obtained from the NYPD. The folder bearing Bates number ANGWANG-003192 contains additional documentation of the search of your client’s residence on September 21, 2020, including photographs and a photograph log. The log has previously been provided to you (see ANGWANG-000313 through ANGWANG-000321), and is being provided here for convenience. The folder bearing Bates number ANGWANG-003193 contains surveillance photographs and three videos taken of your client on or about January 16, 2020.

The documents bearing Bates numbers ANGWANG-003194 through ANGWANG-003275 are draft translations of chat content and audio files involving the defendant and PRC Official #2, taken from the iPhone seized on the date of his arrest; a forensic copy of that iPhone has previously been provided to you. See, e.g., ANGWANG-000308 (search inventory), ANGWANG-001459 (hard drive containing forensic copies). Please note that the government reserves the right to revise or replace these draft transcripts ahead of trial. Please note that these documents are designated “Sensitive Discovery Material” as that term is defined in the Protective Order. The documents bearing Bates numbers ANGWANG-003276 through ANGWANG-003283 are subscriber records for a T-Mobile telephone number associated with the defendant. The business records certification for this subscriber record appears at ANGWANG-003277, and the government hereby provides written notice pursuant to Federal Rule of Evidence 902(11) that it intends to use this certification at trial. The government also encloses a letter containing additional information, bearing Bates number ANGWANG-003284 through ANGWANG-003285. This document is designated “Sensitive Discovery Material”

 So that is under restriction. But why can't the EDNY Public Information Officer answer basic written questions from the Press?

 On September 9, 2021, a trial date was 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.

[On August 12, 2022, Inner City Press filed a letter about EDNY and information sealing in an unrelated case, here]

 Back on January 6, 2021 EDNY Judge Komittee held a proceeding and Inner City Press live tweeted it, here

Inner City Press learned that Angwang would 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. 

Ongoing disclosure: This report was prepared without any assistance or answers from Eastern District of New York US Attorney's Office spokesman John Marzulli, ex-Daily News, who without hearing or ruling on an August 9 appeal on August 8, 2022 decreed that said "his" / EDNY's publicly-funded information will henceforth go to some (including outside of New York) but not others, or other, like NYC-based Inner City Press. As noted, we have requested reconsideration. We'll have more on this.

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