Saturday, January 21, 2023

EDNY Drops Case of China Spy NYPD Officer Who Targeted Tibetans Without Explanation

 

By Matthew Russell Lee, Patreon Podcast

EDNY COURTHOUSE, Jan 13– 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.

  But on January 13, 2023, without explanation, the EDNY prosecutors moved to dismiss the indictment and drop the case: "MOTION to Dismiss Indictment by USA as to Baimadajie Angwang. (Haggans, Matthew). See motion here - Inner City Press aims to have more on this.

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... The government also encloses a letter containing additional information, bearing Bates number ANGWANG-003284 through ANGWANG-003285. This document is designated “Sensitive Discovery Material”

Back on August 15, Judge Komitee held a proceeding which both presaged a sealed one, and promised at least some openness going forward. Thread here:

Judge Komitee: I need some information from the government about when the CISO Officer will be available.

EDNY AUSA Matthew Haggans: We filed a letter on Friday but PACER was down, so we re-did it this morning.

 AUSA: The CISO will provide the information on Wednesday. Defense counsel: We could keep the conference on for Friday, or even Thursday. Judge Komitee: Within the bounds of what I can say, it's not voluminous, but might contain information will want to use.

 AUSA: We can't evaluate the defense's view. By Friday they should have a preliminary view on what they intend to do. But Friday is not sealed, I'm just noting that for the record... CIPA 5 should be sealed "as a matter of course."

AUSA: I would prefer not to get into specifics that might get into what the information is... We might want to be denying the defense the opportunity to use this information.

Thursday's session, it emerges, will be sealed. 

Judge Komitee: My focus here is that the public have as much access as the statute allows. At least the docket should reflect that something was filed, even if it is time consuming

 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. 

And then, without explanation, the case was dropped.

Watch this site. 

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