噩耗 - 兔军飞碟Juan TANG疑似要被放生 检方已撤告
葱油还记得去年那个从兔国旧金山领事馆被逼出来的解放军军官 UC davis访问学者 - 唐娟吗？
联邦检察官已经正式去文给联邦地区法院法官 dismiss the case
(personal) 有不好的预感 但是办案瑕疵就是瑕疵
https://www.sacbee.com/news/local/article251976218.html
Did the FBI go too far questioning Chinese researchers without reading them their rights?
https://www.kansascity.com/news/nation-world/national/article252968268.html
US seeks to drop Chinese researcher’s visa fraud case
摘录几段重要报道
The motion filed in federal court in Sacramento asks U.S. District Judge John A. Mendez to dismiss the remaining count against Dr. Juan Tang, a prominent cancer researcher who came to the United States in December 2019 to conduct research at UC Davis.
Her trial was set to begin Monday on a charge of lying on her visa application about whether she had been a member of the Chinese military. Mendez previously had dismissed a separate count charging her with lying to the FBI because agents violate her Miranda rights by not advising her that she did not have to answer their questions.
The motion by Assistant U.S. Attorney Heiko Coppola gave no reason for seeking the dismissal, and acting U.S. Attorney Phillip Talbert declined to comment.
Tang’s lawyers have argued that photos of her wearing a military-style uniform that investigators found on the internet did not indicate she was actually a member of the Chinese military.
And, they noted, the charge of lying on her visa application likely would have resulted in a six-month sentence at most, less than the 10 months she spent in the jail and at the Bay Area home under house arrest.
---下面有一个葱油的回复解答比较详细 作为参考---
pin @woshi114514
联邦检察官已经正式去文给联邦地区法院法官 dismiss the case
(personal) 有不好的预感 但是办案瑕疵就是瑕疵
https://www.sacbee.com/news/local/article251976218.html
Did the FBI go too far questioning Chinese researchers without reading them their rights?
https://www.kansascity.com/news/nation-world/national/article252968268.html
US seeks to drop Chinese researcher’s visa fraud case
摘录几段重要报道
The motion filed in federal court in Sacramento asks U.S. District Judge John A. Mendez to dismiss the remaining count against Dr. Juan Tang, a prominent cancer researcher who came to the United States in December 2019 to conduct research at UC Davis.
Her trial was set to begin Monday on a charge of lying on her visa application about whether she had been a member of the Chinese military. Mendez previously had dismissed a separate count charging her with lying to the FBI because agents violate her Miranda rights by not advising her that she did not have to answer their questions.
The motion by Assistant U.S. Attorney Heiko Coppola gave no reason for seeking the dismissal, and acting U.S. Attorney Phillip Talbert declined to comment.
Tang’s lawyers have argued that photos of her wearing a military-style uniform that investigators found on the internet did not indicate she was actually a member of the Chinese military.
And, they noted, the charge of lying on her visa application likely would have resulted in a six-month sentence at most, less than the 10 months she spent in the jail and at the Bay Area home under house arrest.
---下面有一个葱油的回复解答比较详细 作为参考---
pin @woshi114514
25 个评论
>> 这个观点等于微操？总统能管理下级机构，所以该为手下错误负责，这叫微操？你愿意觉得这算，那随意。...
我引用下Tang方的trial brief原文。
“Recent Brady disclosures
demanded by the defense and resisted by the government, just days before trial,
reveal that the government has deliberately withheld for months reports and
documents which show that the FBI was aware that at least one independent and
well-respected expert when consulted could not offer an opinion because he found the question on the visa application to be unclear in light of the civilian
status of the scientist under review. ” ...... “When the defense demanded production of the names,
backgrounds, and opinions of the individuals on whom the FBI analysts relied on
in the report, the government suddenly began producing records, including just
days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr.
Tang’s Motion to Dismiss.”
第二段文字提到的"redacted report"，就是上文提到的FBI报告。在这段文字之前，Tang方指控政府给的FBI观点unclear，要政府提供FBI分析观点依靠的专家的名字，背景和观点。然后政府方丢出了这份报告。它的作者是FBI里专注中国技术转移的分析单位，但是，最重要的一段——第5段——的证据部分由几个长quote构成，这一段的开头注明：
“...... according to interviews conducted with ⬛⬛ individuals who listed 4MMU affiliation on their Visa documentation......”
结尾又注明：
"...... The individuals identified by FBI LA ranged in fields from neuroscience and genetics to dentistry and ophthalmology and ranged in connection to 4MMU from currect employee to former bachelor's degree students from decades before. Heavy focus was placed on students and scholars pursuing STEM degrees, but more broadly than just graduate and post-graduate."
这一段则引用这些interview讲述了支持FBI调查报告结论，认为“不报Military affiliate和技术转移无关”的证据。
很显然这一段的意思是明确的，做出这些结论的证据，是对FBI LA筛选出来的多名和第四军医大学有关联的人员的采访，包括雇员到前学生。FBI引述了这些采访材料。
这一情况恰恰是你所说的，找了一堆civillian出来作证，结果civillian的证词不利。