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Cozy Bear (also called APT29, a known unit of Russia’s SVR foreign intelligence service) appears to have been behind the attack, the Wall Street Journal reports. Moscow denies any involvement in the incident. Reuters adds that the Kremlin thinks the Americans should have been more mutual, more cooperative.
FireEye calls the backdoor “Sunburst.” Microsoft’s Security Response Center has a detailed account of how the malware functions. Both FireEye and Microsoft have upgraded their security products to include measures for detecting and protecting against the attack. SolarWinds urges its customers to “upgrade to Orion Platform version 2020.2.1 HF 1 as soon as possible.”
When FireEye Inc. discovered that it was hacked this month, the cybersecurity firm’s investigators immediately set about trying to figure out how attackers got past its defenses.
It wasn’t just FireEye that got attacked, they quickly found out. Investigators discovered a vunerability in a product made by one of its software providers, Texas-based SolarWinds Corp.
“We looked through 50,000 lines of source code, which we were able to determine there was a backdoor within SolarWinds,” said Charles Carmakal, senior vice president and chief technical officer at Mandiant, FireEye’s incident response arm.
After discovering the backdoor, FireEye contacted SolarWinds and law enforcement, Carmakal said.
In part: Washington — U.S. government agencies were ordered to scour their networks for malware and disconnect potentially compromised servers after authorities learned that the Treasury and Commerce departments had been hacked in a months-long global cyberespionage campaign. The campaign was discovered when a prominent cybersecurity firm learned it had been breached.
In a rare emergency directive issued late Sunday, the Department of Homeland Security’s cybersecurity arm warned of an “unacceptable risk” to the executive branch from a feared large-scale penetration of U.S. government agencies that could date back to mid-year or earlier.
“This can turn into one of the most impactful espionage campaigns on record,” said cybersecurity expert Dmitri Alperovitch.
The apparent conduit for the Treasury and Commerce Department hacks – and the FireEye compromise – is a hugely popular piece of server software called SolarWinds. It’s used by hundreds of thousands of organizations globally, including most Fortune 500 companies and multiple U.S. federal agencies that will now be scrambling to patch up their networks, said Alperovitch, the former chief technical officer of the cybersecurity firm CrowdStrike.
On its website, SolarWinds says it has 300,000 customers worldwide, including all five branches of the U.S. military, the Pentagon, the State Department, NASA, the National Security Agency, the Department of Justice and the White House. It says the 10 leading U.S. telecommunications companies and top five U.S. accounting firms are also among customers.
The DHS directive – only the fifth since such directives were created in 2015 – said U.S. agencies should immediately disconnect or power down any machines running the impacted SolarWinds software.
“We believe that this vulnerability is the result of a highly-sophisticated, targeted and manual supply chain attack by a nation state,” said SolarWinds CEO Kevin Thompson said in a statement. He said it was working with the FBI, FireEye and intelligence community. More here.
It turns out that the attackers also compromised the Department of Homeland Security. SolarWinds revealed to the Securities and Exchange Commission that the breach may affect 18,000 customers.
It appears that, in March 2020, someone managed to modify the SolarWinds Orion software during the build process—that is, the process that translates the human-readable code and merges it into a form that a computer can execute. This timing is based on both the Microsoft and FireEye analyses, as well as the reported versions affected by SolarWinds.
This modification included a sophisticated and stealthy Trojan program, designed to remotely control any computer that installed SolarWinds Orion. When customers installed the latest update, the Trojan program would start running on the victims’ computers. This is considered a software “supply chain attack”: The intended victims received a polluted copy of the Orion software directly or indirectly from SolarWinds.
What Now?
Christmas is now officially cancelled for three groups. The first is for the IT staff working for the perhaps 18,000 SolarWinds customers affected by the breach, who are going to have to spend the next weeks rebuilding their networks and going over everything with a fine-toothed comb looking for various backdoors. This is going to be a lot of work to sort out. The only good thing is that most of the customers don’t have secondary backdoors to worry about, because the biggest problem faced by the attacker was simply the target-rich environment. Each effort at exploitation increases the risk of discovery, and in the end, there are only so many people who can conduct these attacks.
The second group is the U.S. intelligence community. This attack started in March with the first exploitation starting in April. Either they didn’t know about it—a failure in the “defend forward” philosophy—or they did know about it, in which case they also failed to defend forward. There are going to be tough questions that the intelligence community will need to answer internally.
The final group is the Russian government. This was an amazingly valuable intelligence feed, capturing U.S. government communication leading up to the transition as well as critical insights into U.S. financial controls. Now the feed has gone dark and Russia has lost a hugely powerful asset. But then again, these are a bunch of Russian spies, so in the immortal words of every sysadmin: “fsck those guys”.
Zero tolerance but avoiding prosecution or consequence is an art it seems at the FBI.
WASHINGTON (AP) — An assistant FBI director retired after he was accused of drunkenly groping a female subordinate in a stairwell. Another senior FBI official left after he was found to have sexually harassed eight employees. Yet another high-ranking FBI agent retired after he was accused of blackmailing a young employee into sexual encounters.
An Associated Press investigation has identified at least six sexual misconduct allegations involving senior FBI officials over the past five years, including two new claims brought this week by women who say they were sexually assaulted by ranking agents.
Each of the accused FBI officials appears to have avoided discipline, the AP found, and several were quietly transferred or retired, keeping their full pensions and benefits even when probes substantiated the sexual misconduct claims against them.
Beyond that, federal law enforcement officials are afforded anonymity even after the disciplinary process runs its course, allowing them to land on their feet in the private sector or even remain in law enforcement.
“They’re sweeping it under the rug,” said a former FBI analyst who alleges in a new federal lawsuit that a supervisory special agent licked her face and groped her at a colleague’s farewell party in 2017. She ended up leaving the FBI and has been diagnosed with post-traumatic stress disorder.
“As the premier law enforcement organization that the FBI holds itself out to be, it’s very disheartening when they allow people they know are criminals to retire and pursue careers in law enforcement-related fields,” said the woman, who asked to be identified in this story only by her first name, Becky.
The AP’s count does not include the growing number of high-level FBI supervisors who have failed to report romantic relationships with subordinates in recent years — a pattern that has alarmed investigators with the Office of Inspector General and raised questions about bureau policy.
The recurring sexual misconduct has drawn the attention of Congress and advocacy groups, which have called for whistleblower protections for rank-and-file FBI employees and for an outside entity to review the bureau’s disciplinary cases.
“They need a #MeToo moment,” said U.S. Rep. Jackie Speier, a California Democrat who has been critical of the treatment of women in the male-dominated FBI.
“It’s repugnant, and it underscores the fact that the FBI and many of our institutions are still good ol’-boy networks,” Speier said. “It doesn’t surprise me that, in terms of sexual assault and sexual harassment, they are still in the Dark Ages.”
In a statement, the FBI said it “maintains a zero-tolerance policy toward sexual harassment” and that claims against supervisors have resulted in them being removed from their positions while cases are investigated and adjudicated.
It added that severe cases can result in criminal charges and that the FBI’s internal disciplinary process assesses, among other factors, “the credibility of the allegations, the severity of the conduct, and the rank and position of the individuals involved.”
The AP review of court records, Office of Inspector General reports and interviews with federal law enforcement officials identified at least six allegations against senior officials, including an assistant director and special agents in charge of entire field offices, that ranged from unwanted touching and sexual advances to coercion.
None appears to have been disciplined, but another sexual misconduct allegation identified in the AP review of a rank-and-file agent resulted in him losing his security clearance.
The FBI, with more than 35,000 employees, keeps a notoriously tight lid on such allegations. The last time the Office of Inspector General did an extensive probe of sexual misconduct within the FBI, it tallied 343 “offenses” from fiscal years 2009 to 2012, including three instances of “videotaping undressed women without consent.”
The latest claims come months after a 17th woman joined a federal lawsuit alleging systemic sexual harassment at the FBI’s training academy in Quantico, Virginia. That class-action case claims male FBI instructors made “sexually charged” comments about women needing to “take their birth control to control their moods,” inviting women trainees over to their homes and openly disparaging them.
In one of the new lawsuits filed Wednesday, a former FBI employee identified only as “Jane Doe” alleged a special agent in charge in 2016 retired without discipline and opened a law firm even after he “imprisoned, tortured, harassed, blackmailed, stalked and manipulated” her into having several “non-consensual sexual encounters,” including one in which he forced himself on her in a car. The AP is withholding the name and location of the accused special agent to protect the woman’s identity.
“It is the policy and practice of the FBI and its OIG to allow senior executives accused of sexual assault to quietly retire with full benefits without prosecution,” the woman’s attorney, David J. Shaffer, alleges in the lawsuit.
One such case involved Roger C. Stanton, who before his abrupt retirement served as assistant director of the Insider Threat Office, a division at Washington headquarters tasked with rooting out leakers and safeguarding national security information.
According to an Inspector General’s report concluded this year and obtained by AP through a public records request, Stanton was accused of drunkenly driving a female subordinate home following an after-work happy hour. The woman told investigators that once inside a stairwell of her apartment building, Stanton wrapped his arm around her waist and “moved his hand down onto her bottom” before she was able to get away and hustle up the stairs.
After Stanton left, he called the woman 15 times on her FBI phone and sent her what investigators described as “garbled text” complaining that he could not find his vehicle. The heavily redacted report does not say when the incident happened.
Stanton disputed the woman’s account and told investigators he “did not intend to do anything” and only placed his arm around her because of the “narrowness” of the stairs. But Stanton acknowledged he was “very embarrassed by this event” and “assistant directors should not be putting themselves in these situations.”
Stanton retired in late 2018 after the investigation determined he sexually harassed the woman and sought an improper relationship. He did not respond to requests for comment from AP.
Earlier this year, the Inspector General found that the special agent in charge of the Albany, New York, office, James N. Hendricks, sexually harassed eight subordinates at the FBI.
Hendricks also was not named in the OIG report despite its findings. He was first identified in September by the Albany Times Union. One current and one former colleague of Hendricks confirmed his role in the case to AP.
Hendricks now writes a law enforcement blog in which he touts his FBI accolades but makes no mention of the misconduct allegations. He did not respond to requests for comment.
Becky, the former analyst, told AP she once believed FBI’s “organizational values and mission aligned with how I was raised.” But she was disabused of that notion after reporting to management that Charles Dick, a supervisory special agent at the FBI Training Academy at the time, sexually assaulted her at a farewell party.
Becky told AP her assailant had threatened her at least two times before. “Once while we were waiting for the director he said, ‘I’m going to touch your ass. You know it’s going to happen.’”
“His boorish behavior was well known,” she added. “He was getting away with everything.”
In a federal lawsuit filed Wednesday, Becky accused the former agent of wrapping his arm around her chest while posing for a photograph and “reaching under her and simulating” penetration of her “with his fingers through her jeans.”
Dick denied the charges and was acquitted in state court in Virginia by a judge who ruled it “wholly incredible” that Becky would “stand there and take it and not say anything,” according to a transcript of the proceeding. Dick retired from the FBI months before the Inspector General followed up on Becky’s internal complaint, Becky alleged in her lawsuit, adding she faced retaliation for coming forward.
“It’s much easier to suffer in isolation than it is to go public,” she told AP. “But if I don’t report it, I’m complicit in the cultural and institutionalized cover-up of this sort of behavior.”
Source: Federal prosecutors are investigating Hunter Biden over his tax affairs, the president-elect’s son said in a statement on Wednesday, marking another troubled chapter for the lawyer and investment adviser a little more than a month before his father is to take office.
In the statement, Hunter Biden said the U.S. Attorney’s Office in Delaware advised his legal counsel about the matter on Tuesday and that he is confident he handled his tax affairs “legally and appropriately.”
“I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisors,” Hunter Biden said.
The statement was sent out via President-elect Joe Biden’s transition team.
Hunter Biden did not divulge further information about the probe, including its scope. Kim Reeves, a spokeswoman for the U.S. attorney’s office, declined to comment.
The younger Biden has been the subject of intense scrutiny related to his business dealings overseas, particularly for a Ukrainian energy company. The president-elect’s son was a target of Republicans, and attempts made by allies of President Donald Trump to dig up dirt on Hunter Biden ultimately resulted in Trump’s impeachment.
One of Trump’s closest allies in Congress has been pressing Attorney General William Barr to appoint a special counsel to oversee the investigation of Hunter Biden’s business dealings.
“We request that the Department of Justice immediately appoint an independent, unbiased special counsel to investigate the issues that we have raised,” said Rep. Andy Biggs (R-Ariz.), chair of the House Freedom Caucus, in a letter signed by 10 Republican colleagues on Oct. 19.
On the same day the House Republicans sent the letter, Barr quietly appointed a special counsel to oversee the origins of the investigation into the 2016 Trump campaign’s ties to Russia, a move that ensured it would likely carry over into the Biden administration. Barr only revealed the existence of the probe earlier this month.
The saga has also entangled other members of the president-elect’s inner circle. Biden’s nominee for secretary of State, Tony Blinken, was interviewed by congressional Republicans as part of a probe into Hunter’s business activities. That investigation failed to establish that Hunter Biden’s work influenced his father’s actions as vice president or U.S. policy toward Ukraine.
The Biden transition team included a statement of support on Wednesday for the president-elect’s son: “President-elect Biden is deeply proud of his son, who has fought through difficult challenges, including the vicious personal attacks of recent months, only to emerge stronger.”
CNN later reported Wednesday that it had contacted Hunter Biden’s lawyer and his father’s presidential campaign last week seeking comment on the investigation, which CNN reported is “examining multiple financial issues, including whether Hunter Biden and associates violated tax and money laundering laws in business dealings in foreign countries, principally China.”
CNN reported that the investigation had been “largely dormant in recent months” due to Justice Department rules that bar taking legal actions in a cases that could affect an election.
The store owner also gave a copy of the hard driver to a lawyer for Rudy Giuliani, the personal attorney for President Donald Trump, The Post reported. Giuliani then gave a copy of the hard drive to the newspaper.
In a statement Wednesday, the transition team of Joe Biden and Vice President-elect Kamala Harris said, “President-elect Biden is deeply proud of his son, who has fought through difficult challenges, including the vicious personal attacks of recent months, only to emerge stronger.”
The White House and the U.S. Department of Justice, which oversees U.S. attorneys’ offices, declined to comment.
Hunter Biden has long struggled with drug addiction.
During the presidential election, Trump and his allies made Hunter Biden a focal point of political attacks, particularly in connection with his business dealings in Ukraine and China.
Hunter Biden and his father have denied any wrongdoing in relation to his business overseas, which Joe Biden says that he played no role in.
Trump last year was impeached by the House of Representatives for witholding congressionally appropriated military aid for Ukraine as he pressured that nation’s new president to investigate the Bidens. Trump was acquitted by the Senate after a trial.
Axios: A suspected Chinese intelligence operative developed extensive ties with local and national politicians, including a U.S. congressman, in what U.S. officials believe was a political intelligence operation run by China’s main civilian spy agency between 2011 and 2015, Axios found in a yearlong investigation.
Why it matters: The alleged operation offers a rare window into how Beijing has tried to gain access to and influence U.S. political circles.
While this suspected operative’s activities appear to have ended during the Obama administration, concerns about Beijing’s influence operations have spanned President Trump’s time in office and will continue to be a core focus for U.S. counterintelligence during the Biden administration.
Clockwise from top left: Fang with then-Dublin City Councilmember Eric Swalwell at an October 2012 student event; undated photo of Fang, now former Fremont Mayor Bill Harrison and Rep. Judy Chu; Fang with then-Rep. Mike Honda and then-San Jose city Councilmember Ash Kalra at a March 2014 event at the Chinese Embassy in D.C. Sources: Renren, Facebook, Facebook
The woman at the center of the operation, a Chinese national named Fang Fang or Christine Fang, targeted up-and-coming local politicians in the Bay Area and across the country who had the potential to make it big on the national stage.
Through campaign fundraising, extensive networking, personal charisma, and romantic or sexual relationships with at least two Midwestern mayors, Fang was able to gain proximity to political power, according to current and former U.S. intelligence officials and one former elected official.
Even though U.S. officials do not believe Fang received or passed on classified information, the case “was a big deal, because there were some really, really sensitive people that were caught up” in the intelligence network, a current senior U.S. intelligence official said.
Private but unclassified information about government officials — such as their habits, preferences, schedules, social networks, and even rumors about them — is a form of political intelligence. Collecting such information is a key part of what foreign intelligence agencies do.
Among the most significant targets of Fang’s efforts was Rep. Eric Swalwell (D-Calif.).
Fang took part in fundraising activity for Swalwell’s 2014 re-election campaign, according to a Bay Area political operative and a current U.S. intelligence official. Swalwell’s office was directly aware of these activities on its behalf, the political operative said. That same political operative, who witnessed Fang fundraising on Swalwell’s behalf, found no evidence of illegal contributions.
Federal Election Commission records don’t indicate Fang herself made donations, which are prohibited from foreign nationals.
Fang helped place at least one intern in Swalwell’s office, according to those same two people, and interacted with Swalwell at multiple events over the course of several years.
A statement from Swalwell’s office provided to Axios said: “Rep. Swalwell, long ago, provided information about this person — whom he met more than eight years ago, and whom he hasn’t seen in nearly six years — to the FBI. To protect information that might be classified, he will not participate in your story.”
What happened: Amid a widening counterintelligence probe, federal investigators became so alarmed by Fang’s behavior and activities that around 2015 they alerted Swalwell to their concerns — giving him what is known as a defensive briefing.
Swalwell immediately cut off all ties to Fang, according to a current U.S. intelligence official, and he has not been accused of any wrongdoing.
Fang left the country unexpectedly in mid-2015 amid the investigation. She did not respond to multiple attempts by Axios to reach her by email and Facebook.
Between the lines: The case demonstrates China’s strategy of cultivating relationships that may take years or even decades to bear fruit. The Chinese Communist Party knows that today’s mayors and city council members are tomorrow’s governors and members of Congress.
In the years since the Fang probe, the FBI has prioritized investigations into Chinese influence operations, creating a unit in May 2019 within the bureau solely dedicated to countering Beijing’s activities at the state and local levels. U.S. national security officials believe the threat posed by China has only grown with time.
“She was just one of lots of agents,” said a current senior U.S. intelligence official.
Beijing “is engaged in a highly sophisticated malign foreign influence campaign,” FBI director Chris Wray said in a July 2020 speech. These efforts involve “subversive, undeclared, criminal, or coercive attempts to sway our government’s policies, distort our country’s public discourse, and undermine confidence in our democratic processes and values,” Wray said.
The FBI declined to comment. The Chinese Embassy in Washington did not respond to a request for comment.
Details: Axios spoke with four current and former U.S. intelligence officials about the case over a period of more than a year. They requested anonymity because they were not authorized to speak to the media about the case.
Axios also spoke with 22 current and former elected officials, political operatives, and former students who knew Fang personally when she was based in the United States.
The cover: How Fang worked
Fang’s friends and acquaintances said she was in her late 20s or early 30s when she was based in the U.S. and was enrolled as a student at a Bay Area university.
She used political gatherings, civic society conferences, campaign rallies, and campus events to connect with elected officials and other prominent figures, according to U.S. intelligence officials, Bay Area political operatives, former students, and current and former elected officials who knew her.
U.S. intelligence officials believed she was overseeing likely unwitting subagents whom she helped place in local political and congressional offices.
Fang attended regional conferences for U.S. mayors, which allowed her to grow her network of politicians across the country.
She also engaged in sexual or romantic relationships with at least two mayors of Midwestern cities over a period of about three years, according to one U.S. intelligence official and one former elected official.
At least two separate sexual interactions with elected officials, including one of these Midwestern mayors, were caught on FBI electronic surveillance of Fang, according to two intelligence officials. Axios was unable to identify or speak to the elected officials.
Between 2011 and 2015, Fang’s activities brought her into contact with many of the Bay Area’s most prominent politicos.
She volunteered for Ro Khanna’s unsuccessful 2014 House bid, according to a former campus organizer and social media posts. (Khanna, a Democrat, was elected to the House in 2016.) Khanna’s office said he remembers seeing Fang at several Indian American political gatherings but did not have further contact with her. Khanna’s office said the FBI did not brief him on her activities. Khanna’s 2014 campaign staff said that Fang’s name does not appear in their staff records, though they said that their records do not include all volunteers.
Fang helped with a fundraiser for Rep. Tulsi Gabbard (D-Hawaii) in 2013, according to a flyer from the event Fang shared on Facebook. She appeared in photos over multiple years with a host of California politicians, including Khanna, Swalwell, Rep. Judy Chu (D-Calif.) and then-Rep. Mike Honda (D-Calif.).
Gabbard “has no recollection of ever meeting or talking with her, nor any recollection of her playing a major role at the fundraiser,” a spokesperson said in an email to Axios.
Fremont City Councilmember Raj Salwan, whose name appears on the flyer, told Axios he was unaware of Fang’s role in the event and her name was added to the flyer by other Asian American leaders.
Chu’s office said they have no records of Christine Fang. Honda said he had no memory of meeting Fang.
The bottom line: U.S. officials believe Fang’s real reason for being in the U.S was to gather political intelligence and to influence rising U.S. officials on China-related issues.
Close relationships between a U.S. elected official and a covert Chinese intelligence operative can provide the Chinese government with opportunities to sway the opinion of key decision-makers.
Beijing may aim to influence foreign policy issues directly related to China, or issues closer to home, such as partnering with Chinese companies for local investment — an issue particularly salient among local-level officials such as mayors and city council members.
Sounding the alarm: The U.S. response
U.S. counterintelligence officials said they believe Fang acted at the direction of China’s Ministry of State Security (MSS), the country’s main civilian spy agency.
U.S. officials first noticed Fang through surveillance they were conducting on a different person — a suspected MSS officer working undercover as a diplomat in the San Francisco consulate, a current U.S. counterintelligence official said.
The suspected officer used the consulate as a base to do outreach to state and local-level U.S. politicians, including inviting them on trips to China, the official said.
The official added that both Fang and the suspected officer were focused on gathering political intelligence and conducting influence operations in the Bay Area. (Axios corroborated through U.S. State Department records that a Chinese diplomat with the same name as the suspected MSS officer was stationed in San Francisco during the period Fang was there.)
Fang and the suspected officer met or spoke on numerous occasions, leading U.S. officials to look into Fang’s own background and activities, the official said.
However, Fang’s main intelligence handlers were believed to be based in China, according to two U.S. officials.
Fang was put under FBI surveillance, four current and former U.S. officials said. The FBI’s San Francisco Division led a counterintelligence investigation into Fang’s activities, according to one current and one former U.S. intelligence official.
“The fact that she was traveling around the country” getting close to U.S. politicians “was a big red flag,” said one of the officials. “She was on a mission.”
What happened next: Senior U.S. intelligence officials provided multiple defensive briefings around 2015 to warn targeted local and national politicians about Fang’s connections to Chinese intelligence and potential Chinese assets in their offices, one of these officials said.
U.S. intelligence officials also provided multiple briefings to White House officials and members of Congress on the case, a current senior official said.
Bill Harrison, the mayor of Fremont, California, at that time, said he knew Fang because she volunteered in his office and participated in numerous local political and community events. Harrison told Axios that in August 2015 he was contacted by FBI officials who warned him about Fang’s suspected activities in the Bay Area.
Bureau officials said Fang’s activities were part of a “long game play” targeting local politicians, Harrison recalled. The FBI told him the Chinese government’s strategy is “to strike up a relationship with you and see if you move up the line,” Harrison said.
How it ended: Fang left the U.S. suddenly
U.S. officials said China’s intelligence operation broke up in mid-2015 when Fang left the U.S. amid the FBI-led probe.
Fang had planned to travel to Washington, D.C., to attend a June 2015 event.
But shortly beforehand, she said she could no longer attend because she unexpectedly needed to return to China, according to an acquaintance from California on the same trip, who spoke with Axios.
Many of Fang’s political contacts in the Bay Area were surprised and confused about her sudden departure from the country.
“When she left kind of abruptly, we all kind of scratched our heads,” recalled Harrison, the former Fremont mayor. (The FBI reached out to Harrison after Fang’s departure.)
“She disappeared off the face of everything,” remembered Gilbert Wong, the former mayor of Cupertino, California, who had seen Fang frequently at political events.
But in the months surrounding her departure, rumors swirled in Bay Area political circles that the FBI was investigating her, according to four local organizers, political operatives, and elected officials who knew her.
Fang has not returned to the U.S., said intelligence officials and her former political acquaintances. She appears to have largely cut off contact with her U.S.-based friends and the networks she spent years building in California.
The Justice Department has filed no public charges against Fang.
Why Beijing targets California’s Bay Area
The Bay Area offers ideal conditions for a foreign intelligence operative aiming to identify and target ambitious local politicians with national aspirations.
The big picture: Some of America’s most powerful politicians got their start in Bay Area politics, and China recognizes California’s importance. The MSS has a unit dedicated solely to political intelligence and influence operations in California.
Silicon Valley is also the world’s most important center for the technology industry, making it a hotbed for Chinese economic espionage. Russian intelligence has also long targeted the Bay Area.
California’s economy is the largest of all the U.S. states, giving California state lawmakers significant influence over national trends.
Democrats dominate the Bay Area, from mayors to its numerous U.S. congressional districts, and anyone seeking proximity to power needs to be in their political circles.
Context: The FBI’s extensive surveillance of left-wing political groups in the 1960s and 1970s has created a lingering distrust of the bureau that still exists today in Bay Area politics.
The Bay Area has one of the largest and oldest Chinese American communities in the country. Keeping tabs on Chinese diaspora communities is a top priority of China’s intelligence services, U.S. officials said.
China’s spy services want to influence these communities to become more predisposed to the regime, as well as surveil and stamp out potential organized opposition to the Communist Party.
Access to local political offices can give Beijing’s intelligence operatives opportunities to collect information on communities of Chinese descent in the United States.
A high-profile example of this occurred in the 2000s, when China’s Ministry of State Security allegedly recruited a San Francisco-based staffer in Sen. Dianne Feinstein’s office. This person, who was fired when the FBI alerted Feinstein to his activities, was responsible for liaising with the local Chinese community.
What’s at stake: Chinese Americans find themselves in a difficult position in 2020, being squeezed both by influence campaigns from the Chinese government and a rise in anti-Chinese racism in the United States.
“We want to fight against racism, we want to call it out,” Wong, the former mayor of Cupertino, told Axios. “But if there’s a spy, we definitely support full prosecution and we don’t support China penetrating the Chinese community.”
“How do we address this issue without infringing on Chinese American rights?” he added.
Khanna said in a statement: “I respect the need for law enforcement to protect our nation from espionage. [But] we need strict guardrails to make sure the FBI’s investigations do not have collateral damage to the privacy of American citizens or to the legitimacy of Asian Americans in this country.” He underscored his concern about “the chilling effect” of overbroad surveillance on Chinese American political participation.
How Fang rose to prominence among Bay Area politicos
In 2011, Fang enrolled as a student at California State University East Bay, where she served as the president of the school’s Chinese Student Association and president of the campus chapter of Asian Pacific Islander American Public Affairs (APAPA), a national organization that encourages Asian Americans to get involved in civic affairs.
She used those positions as her initial platform to gain access to political circles. She frequently invited political figures, business executives, and Chinese consular officials to attend the flurry of high-profile events she organized over a period of several years, according to current and former local officials, former students, Bay Area politicos, and social media activity.
Fang’s first known contact with numerous politicians, including Swalwell, Harrison, Chu, and then-candidate Khanna was through her role as president of these organizations.
Fang received a campus pride award for the work she did on behalf of the Chinese Student Association during the 2012–2013 academic year.
During this time, Fang maintained unusually close ties to the Chinese consulate in San Francisco.
It’s common for Chinese student association presidents to communicate frequently with Chinese consular officials.
But Fang’s relationship to the San Francisco consulate was especially close, according to social media posts, event flyers, photographs, and one current U.S. intelligence official.
As Fang branched out into off-campus politics, she relied heavily on her APAPA affiliation. Many of Fang’s activities were “under the auspices of APAPA,” said one Bay Area political operative, an observation echoed by five other Bay Area political figures and activists.
Henry Yin, who is president of the APAPA Bay Area region chapter, told Axios in a phone call that he had seen Fang at numerous events and remembered her as being “very active.”
APAPA is “not involved with foreign countries,” said Yin, adding that the organization tries “to make connections with concerned citizens for the betterment of Asian and Pacific Islanders, and also benefit all citizens at large.”
Fang soon became a mainstay at Bay Area political events, fundraising for candidates and bringing along donors.
“She was everywhere,” said Raj Salwan, a current Fremont City councilmember, expressing a sentiment echoed by several other current and former local officials who spoke to Axios. “She was an active student. I was surprised at how active she was and how she knew so many politicos.”
Fang’s Facebook friends list is a virtual who’s who of local Bay Area politicos, and includes city council members, current and former mayors, Khanna, and Swalwell’s father and brother.
She positioned herself “to be the connector between the Asian American community and members of Congress,” recalled a Bay Area political operative who knew her.
One photo, taken at a March 2014 event at the Chinese Embassy in D.C., shows Fang together with Honda and Ash Kalra — at the time a San Jose city councilmember, later elected to the California State Assembly in 2016. A representative of Kalra’s office said he does not remember meeting Fang.
Fang attended events in support of former San Francisco Mayor Ed Lee, according to an acquaintance present at the gatherings. (Lee, who began serving as mayor in 2011, passed away in 2017 while in office.)
What they’re saying: Several acquaintances in political circles told Axios that Fang was “charismatic” and “well liked” — though others described her behavior as “secretive” and even “suspicious.”
“Christine was a political player and she was someone who was good to know,” said a former campus political organizer who knew her.
But others found her less substantive. “She never really, to me, was interested on the policy side,” recalled the Bay Area political operative.
Few seemed to know Fang on a personal level. Several acquaintances told Axios she seemed to come from wealth — she drove a white Mercedes, according to one official — but said she never spoke about her family or her hometown.
Fang’s connection to Swalwell
Fang’s ties to Rep. Eric Swalwell, which began when he was a councilmember for Dublin City, California, demonstrate China’s long game.
Swalwell rose to prominence rapidly, and in late 2012 became one of the youngest members of the U.S. House.
In January 2015, Swalwell was assigned a seat on the House Permanent Select Committee on Intelligence, serving as the lead Democrat on the subcommittee on CIA oversight.
Details: Fang’s earliest known engagement with Swalwell occurred through the Chinese Student Association. By 2014, she had risen in local political circles and developed close ties to Swalwell’s office.
Fang “was a bundler” for Swalwell and other candidates, according to a Bay Area political operative with direct knowledge of her efforts. A current U.S. intelligence official confirmed her activity for Swalwell; a local elected official also said she brought in donors for other candidates. Bundlers persuade others to write checks for campaigns; they can bring in substantial sums of money as well as deepen the campaign’s engagement with target communities, making bundlers a valuable and thus potentially influential ally to a candidate.
The Bay Area political operative who witnessed Fang fundraising on Swalwell’s behalf was concerned whether donors she brought in were legally permitted to donate. They found no evidence of illegal contributions.
Fang facilitated the potential assignment of interns into Swalwell’s offices, the political operative said. In at least one case, an intern recommended by Fang was placed into Swalwell’s D.C. office, this person said. A current U.S. intelligence official confirmed the intern placement.
For Fang, targeting Swalwell made sense. His 2012 campaign — which was something of a longshot bid, pitting a young and relatively inexperienced city official against a longtime incumbent from the same party — relied heavily on Asian American support, said a former congressional staffer from the East Bay.
That made Swalwell’s ties to the Chinese American community, and particularly APAPA, the Asian American civic organization, especially important.
Fang sought out mayors around the U.S.
Fang attended conferences for mayors around the U.S., according to three U.S. intelligence officials, as well as numerous current and former politicians who knew her.
Why it matters: By attending conferences for local officials, Fang went to extraordinary lengths to meet and befriend U.S. politicians, ostensibly as part of her activities as a Chinese agent, U.S. officials believe.
Details: Fang engaged in sexual or romantic relationships with at least two mayors of Midwestern cities, said one U.S. intelligence official and one former elected official.
At a 2014 conference in Washington, an older Midwestern mayor “from an obscure city” referred to Fang as his “girlfriend” and insisted the relationship was genuine despite the clear age difference between Fang and himself, according to former Cupertino Mayor Gilbert Wong, who was directly present for the conversation.
Fang also had a sexual encounter with an Ohio mayor in a car that was under electronic FBI surveillance, said one current U.S. official. When the mayor asked why Fang was interested in him, Fang told him she wanted to improve her English, the same official said.
What they’re saying: Wong told Axios he knew Fang from her political activities in California, where she would attend fundraisers and Chinese cultural events.
But Wong said he was “shocked” to see her appear at an event for U.S. municipal officials hosted by the Chinese Embassy in D.C. in March 2014. Wong told Axios he had gone to D.C. twice that year to attend mayor-focused events, and that he saw Fang at both of those events.
At the Chinese Embassy event, Fang introduced Wong to the mayor of Shenzhen, a city that, like Cupertino, is home to a major tech industry. She translated so that the two mayors could have a conversation.
The bottom line
U.S. intelligence officials believe China’s spy services have become more aggressive and emboldened, including in their U.S.-focused influence and political intelligence-gathering operations. Fang’s case shows how a single determined individual, allegedly working for Beijing, can gain access to sensitive U.S. political circles.
Every officer provided for in the Charter shall, before entering upon the discharge of the duties of office, take the following oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California and the Charter of the City of Los Angeles, and that I will faithfully discharge the duties of the office of (here inserting the name of the office) according to the best of my ability.”
LOS ANGELES (CN) — On his first day on the job as Los Angeles County’s top prosecutor, George Gascón says the district attorney’s office will no longer ask for cash bail for nonviolent felony charges, seek the death penalty or charge children as adults.
Gascón, the former San Francisco DA, unseated Jackie Lacey last month in a closely watched race that pitted an incumbent prosecutor against a reform challenger.
He was sworn in Monday and promised to “change course and implement a system of justice that will enhance our safety and humanity” as he takes the helm of one of the nation’s largest prosecutor’s offices.
“Today we are confronting the lie that stripping entire communities of their liberties somehow made us safer — and we’re doing it with science, research, and data,” Gascón said in a statement. “For decades those who profit off incarceration have used their enormous political influence — cloaked in the false veil of safety — to scare the public and our elected officials into backing racist policies that created more victims, destroyed budgets and shattered our moral compass. That lie and the harm it caused ends now.”
The turning tide promised by Gascón garnered an immediate reaction from law enforcement representatives. The LA Police Protective League, a union representing local police officers, called Gascón’s ending of cash bail “disturbing” and said pushing LA County into the progressive direction San Francisco followed would be “disastrous.”
“The new DA talks a good game, but his plans will do nothing but further victimize” LA County residents including people of color, the police union said in a statement.
The police union did not immediately respond to news that the DA’s office will form a board to review deadly police shootings going back to 2012, which is when Lacey first took office. The University of California, Irvine, criminal justice clinic said it assist the board.
Gascón, a Cuban-born immigrant, served as an assistant police chief with the LAPD and then police chief in Mesa, Arizona, before serving as police chief in San Francisco from 2009 to 2011.
He was appointed as San Francisco DA by then-Mayor Gavin Newsom to fill the vacancy left by Kamala Harris when she was elected as California attorney general.
Gascón’s pull toward LA County was in part encouraged by local activists who sought a candidate to challenge Lacey, including the Black Lives Matter-LA chapter.
The DA race played out amidst a backdrop of demands across the country for criminal justice reform over the murder of unarmed Black people.
For the last three years, local activists rallied outside Lacey’s downtown offices to demand an audience with her to discuss the killing of unarmed Black and brown civilians by police. Families whose loved ones were killed by police also wanted to know why the DA’s office was unwilling to bring charges against police over the shootings of unarmed people.
Under Lacey’s command, the DA office only brought charges against one police officer in the shooting death of a driver who fled during a traffic stop.
In a letter addressed to LA County police officers, Gascón said during his career as a police officer and then DA he’s “become a fierce advocate for good policing for largely the same reasons I seek to hold bad police accountable. It’s not simply because I believe Black Lives Matter, or because of the oath I will take today to uphold the Constitution and ensure equal justice under the law.”
He said problem officers severely hinder law enforcement’s standing in the community.
“We are all scarred by their misdeeds, leading many in our communities to perceive police as persecutors instead of protectors,” said Gascón.
In a tweet Gascón wrote, “40 years ago I walked my first beat as a young police officer. Today, I was sworn in as the 43rd District Attorney of Los Angeles.”
His campaign and win is widely viewed as an indictment of Lacey’s role as a prosecutor who did not change fast enough for a county of 10 million that sought a more progressive approach to criminal justice.
Lacey, the first Black prosecutor and first woman to hold the office, conceded the race to Gascón last month. He won roughly 2 million votes to Lacey’s 1.7 million, according to the county’s election results.
Along with doing away cash bail, Gascón said his office would ensure a better response to reach out to victims of sexual assault, will stop charging low-level offenses connected to poverty, addiction, mental illness and homelessness, according to a statement from his transition team.
His office will also emphasize resentencing for people convicted of nonviolent crimes and are deemed low risk or those with records of rehabilitation.
***
In October, Gascon’s campaign released a detailed plan that would use the power of the Los Angeles District Attorney’s Office to help criminal illegal aliens avoid arrest and deportation by the Immigration and Customs Enforcement (ICE) agency.
As part of the plan, Gascon has proposed factoring in “severe collateral consequences in charging decisions, plea negotiations, and use of diversion programs” for criminal illegal aliens so as to avoid arrest and deportation by ICE.
“Local criminal justice actors must be careful not to become part of a pipeline to deportation in a dysfunctional immigration system … the DA must also strive to limit unnecessary exposure to immigration enforcement,” Gascon’s plan continues:
Immigration status can have a disproportionate adverse impact on noncitizen defendants because of federal immigration law implications. A core duty of prosecutors is to ensure that the punishment fits the crime. As such, it is incumbent upon the prosecutor to be aware of and mitigate collateral consequences, particularly when they are more severe than the punishment for the crime itself. Indeed, in Padilla v. Kentucky 130 S.Ct. 1473 (2010), the U.S. Supreme Court ruled that immigration consequences of a conviction for immigrants can be profound and warrant consideration by the prosecution as well as the defense. [Emphasis added]
…
An immigration-informed approach includes working with defense attorneys to obtain a defendant’s immigration status–without requiring onerous proof or documentation – and implementing training programs to increase awareness of immigration law, with the goal of equipping prosecutors to exercise discretion in achieving immigration-neutral charges and plea bargaining. The basic principle guiding this approach is that the full range of punitive consequences – both direct and collateral–should be roughly equivalent for citizen and noncitizen offenders. [Emphasis added]
Likewise, Gascon has proposed reducing “prosecution of low-level, ‘quality of life’ offenses” such as drug possession, driving without a license, and public urination, so that illegal aliens who are arrested for these crimes do not face what Gascon deems “outsized immigration ramifications, due to the booking and fingerprint sharing between local law enforcement and immigration authorities following an arrest.”
Even further, Gascon plans to “limit exposure to immigration enforcement” for criminal illegal aliens by reducing jail-time so that suspects are booked and almost immediately released. More here from Breitbart.