AG Barr Resigns

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Politico lists a critique of the relationship between President Trump and AG Barr.

Now, what action items has AG Barr launched in recent weeks and what may be expected…

  • Barr had sounded frequent alarms in advance of the election about the potential for fraud, particularly through foreign interference in mail-in balloting, infuriating Democrats who emphasized there was no evidence such a plot was afoot.
  • Barr unilaterally appointed U.S. Attorney John Durham to review the origins of the Trump-Russia probe, known as Crossfire Hurricane — and in October, he elevated Durham’s ongoing inquiry into a full-fledged special counsel investigation.
  • Barr also appointed U.S. Attorney Jeffrey Jensen to review the FBI’s handling of the investigation of former National Security Adviser Michael Flynn, a probe that became the basis of Barr’s decision to recommend dismissing charges against him. The U.S. District Court judge in that case, Emmet Sullivan, considered the Justice Department’s reasons as “dubious” and likely a pretextual effort to protect an ally of the president, but he ultimately dropped the matter after Trump pardoned Flynn.
  • The US attorney’s office in Delaware is led by David Weiss, who was appointed by Trump and sworn into the position in February 2018. A spokesperson for the US attorney’s office in Delaware declined to comment, citing the ongoing nature of the investigation of Hunter Biden, the Biden family which has become comprehensive including money-laundering, foreign agency crimes and income tax fraud.

AG Barr has appointed Jeffrey Rosen to the position of Acting Attorney General. For reference his credentials include:

  1. Taking the lead on the antitrust case against Google.
  2. Driving the sensitive litigation that the White House had an interest in, including a lawsuit against Mr. Trump’s former national security adviser, John Bolton, over the publication of his book in June.
  3. Mr. Rosen also led the Justice Department’s charge against Purdue Pharma LP. It agreed to plead guilty to three felonies related to its marketing and distribution of powerful painkiller OxyContin as part of an $8.34 billion settlement over tactics the government said helped fuel the opioid crisis.

Additionally, Richard Donoghue has been elevated at the DoJ. Donoghue served in the Judge Advocate General’s Corps, United States Army, where he was a Military Magistrate Judge, Prosecutor, Defense Counsel, and Contract Litigator. He also served in the 82nd Airborne Division. Donogue worked at the United States District Court for the Eastern District of New York before leaving to serve as Principal Associate Deputy Attorney General and Counselor to the U.S. Attorney General. Donogue was selected to serve as United States Attorney in January 2018. In 2020, it was announced that Donoghue would leave the Eastern District to serve as Principal Associate Deputy Attorney General at the United States Department of Justice

*** You should consider that AG Barr is a veteran of how Washington DC works and in his last days has crafted an operational playbook not only for the White House Office of Legal Counsel but to the Department of Justice. Interesting items are on deck that do include the Biden family, the still open wounds of the existing and former FBI officials, China operatives in the U.S. embedded with Democrat politicians and then cases against Google and Big Tech and the matter of a fraudulent election system in also front and center. Sadly, we must be wait and hence we need to judge slowly.

Sexual Misconduct Shakes FBI’s Senior Ranks

Zero tolerance but avoiding prosecution or consequence is an art it seems at the FBI.

Washington — 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.

FBI launches investigation of Jackson County Utility ...

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.”

 

Judge Disqualifies Attorney Prosecuting McCloskey

“Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant—or even mention him—in campaign solicitations, especially when she purports to be responding to others,” Clark wrote in his ruling. “In fact, the case law and Rules of Professional Conduct prohibit it.”

Judge orders Circuit Attorney to comply with search ...

“The campaign emails demonstrate the Circuit Attorney’s personal interest in this case, raise the appearance of impropriety and jeopardize the Defendant’s right to a fair trial,” Judge Thomas Clark wrote in the ruling entered on Thursday. “These email solicitations aim to raise money using the Defendant and the circumstances surrounding the case to rally Ms. Gardner’s political base and fuel contributions.”

Clark’s order only applies to Mark McCloskey’s case. Patricia McCloskey, who has been charged separately, is scheduled to appear before Judge Michael Stelzer in January. Clark’s order only applies to Mark McCloskey’s case. Patricia McCloskey, who has been charged separately, is scheduled to appear before Judge Michael Stelzer in January.

Mark and Patricia McCloskey Charged with Unlawful Use of a ...

Gardner has scheduled an appeal of the ruling for January 7, 2021.

DW: A judge disqualified the Democrat circuit attorney who was prosecuting the gun case against Mark McCloskey from this summer, saying that the attorney’s campaign fundraising activities created the appearance that she prosecuted him for political purposes.

Circuit Judge Thomas Clark II’s order against Circuit Attorney Kimberly M. Gardner and her office cited “two fundraising emails that Gardner’s reelection campaign sent in response to political attacks before and after she charged Mark and Patricia McCloskey with felony gun crimes in July,” the St. Louis Post-Dispatch reported. “The judge’s order deals a political blow to Gardner, whose office has waged numerous legal challenges to defend her practices and reform-minded agenda during her first term.”

The Post-Dispatch noted that Clark’s order only applied to Mark McCloskey and bars her office from prosecuting the case. The order does not apply to Patricia McCloskey, whose case is assigned to Circuit Judge Michael Stelzer. The order states that the a new prosecutor has to be appointed to the case.

“This court does not seek to ‘interfere with the democratic process’ but strongly believes the present ‘circumstances’ justify disqualification,” Clark wrote. “Deference to precedent, acknowledging the will of the voters, and respecting separation of powers are all vital to a representative government, an equitable criminal justice system and the rule of law. Likewise, campaigning without tainting the right to a fair trial is equally compelling and constitutionally sacred.”

“After considering the arguments of counsel, the pleadings coupled with the attachments, the applicable case law and the relevant statute, the court finds the emails raise an appearance of impropriety and warrant disqualification,” Clark continued. “In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political purposes. Immediately before and after charging Defendant, she solicited campaign donations to advance her personal interests.”

The Post-Dispatch reported that defense attorney Joel Schwartz indicated that he will file a motion requesting that Stelzer adopt Clark’s ruling in Patricia McCloskey’s case.

“This is what we wanted,” Schwartz said. “We would like a fair-minded prosecutor to take a look at the alleged crimes and reassess the evidence and see what they come up with because we don’t believe any of the evidence supports any of the charges. … As long as that happens, then I think we’ll have the right outcome and that would hopefully be no charges.”

When she first announced that she was prosecuting the McCloskey’s, Gardner said, “It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis.”

McCloskey has repeatedly defended his actions as self-defense and lawful protection of private property. “I went inside; I got a rifle … because as soon as I said ‘this is private property,’ those words enraged the crowd,” he said in an interview. “Horde, an absolute horde came through the smashed-down gates, coming right at the house. And then I stood out there, the only thing we said is, ‘This is private property, go back, private property, leave now.’ At that point, everybody got enraged, there were people wearing body armor.”

“One person pulled out [some] loaded pistol magazines and he clicked them together and he said, ‘You’re next,’” McCloskey continued. “We were threatened with our lives, threatened with the house being burned down, my office building being burned down, even our dog’s life being threatened. It was about as bad as it can get. You know, I really thought it was the storming of Bastille, that we would be dead and the house would be burned and there was nothing we could do about it. It was a huge and frightening crowd and they broke in the gate and they were coming at us.”

As The Daily Wire reported, multiple Republicans have expressed support for the McCloskeys:

Republicans have stood up for the McCloskeys as Sen. Josh Hawley (R-MO) sent a letter to United States Attorney General William Barr urging him to action against Gardner. Twelve Republican members of the House of Representatives sent a letter to Barr, in which they specifically named the McCloskeys, demanding that he take “decisive action” to protect Americans from “mob rule.” Missouri Republican Governor Mike Parsons signaled last week that he would likely pardon the McCloskeys if they were charged.

Sen. Tom Cotton (R-AR) responded to the charges by writing on Twitter, “St. Louis’s Soros-funded prosecutor let dozens of violent rioters go free, she sued her own police department, and murder has skyrocketed under her watch. Yet despite refusing to arrest violent criminals, she targets a family with a felony for guarding their home.”

Rep Swalwell (D-Calif.) and the Chinese Spy is Still on Intel Cmte

And he ran in 2019-20 for President….

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.
Montage of three images of Fang with Bay Area politicians  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.
Flyer from a fundraiser for Tulsi Gabbard
Flyer for fundraiser for Rep. Tulsi Gabbard. Source: Facebook
  • 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.
Photo of Fang with Salwan and Khanna and of Fang with Chu and APAPA
From left: Fang with Fremont City Councilmember Raj Salwan (L) and then-U.S. House candidate Ro Khanna at a September 2013 fundraiser for Rep. Tulsi Gabbard; Fang helped organize a 2012 town hall for Rep. Judy Chu. Sources: Facebook

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
Illustration of US Capitol Building through torn China flag
Illustration: Sarah Grillo/Axios

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
Illustration of a duffel bag
Illustration: Sarah Grillo/Axios

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
Data: FEC; Map: Andrew Witherspoon/Axios
Data: FEC; Map: Andrew Witherspoon/Axios

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.
A “certificate of honor” awarded to Christine Fang by the Chinese consulate in San Francisco for her work serving as the president of the CSU East Bay Chinese Student Association.
A “certificate of honor” awarded to Fang by the Chinese consulate in San Francisco for her work as president of the CSU East Bay Chinese Student Association. Source: Renren

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
Three photos of Swalwell and Fang at events
From left: Fang and Swalwell at a 2013 Lunar New Year banquet, held at CSU East Bay; Fang and Swalwell at another 2013 event; Fang and Swalwell at an October 2012 CSU East Bay event. Sources: Facebook, Facebook, Renren

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.
Illustration of person wearing a suit with gold ribbon on chest
Illustration: Sarah Grillo/Axios

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
Illustration of US and China flags
Illustration: Sarah Grillo/Axios

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.

Lawsuit: Facebook Unfairly Overlooked American Workers

Another reason to get off of Facebook. Maybe Zuckerberg missed the memo, the official memo, rather the Presidential Executive Order that was signed on April 18, 2017.

In part: (b) Hire American. In order to create higher wages and employment rates for workers in the United States, and to protect their economic interests, it shall be the policy of the executive branch to rigorously enforce and administer the laws governing entry into the United States of workers from abroad, including section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)).

***

The US Department of Justice accused Facebook on Thursday of discriminating against American workers, saying in a new lawsuit that the social media giant had given hiring preferences to temporary workers, including those who hold H-1B visas.

The DoJ said that Facebook had “refused” to recruit, consider or hire qualified US workers for more than 2,600 jobs that in many cases paid an average salary of $156,000 a year.

Instead, it opted to fill the positions using temporary visa holders, such as those with H-1B visas, the department added.

“Facebook intentionally created a hiring system in which it denied qualified US workers a fair opportunity to learn about and apply for jobs,” the justice department said.

Trump DOJ Sues Facebook For Allegedly Reserving Jobs For Foreign Workers  Instead Of Americans  photo

The social media company instead sought to channel such jobs to temporary visa holders it wanted to sponsor for green cards or permanent residency, it added.

H-1B visas are often used by the technology sector to bring highly skilled foreign guest workers to the United States. But critics say the laws governing these visas are lax, and make it too easy to replace US workers with cheaper, foreign labor.

“Facebook has been cooperating with the DoJ in its review of this issue and while we dispute the allegations in the complaint, we cannot comment further on pending litigation,” company spokesman Daniel Roberts said.

The Facebook lawsuit is the latest example of the Trump administration clashing with Silicon Valley over attempts to restrict immigration for foreign workers.

Trump and Republican lawmakers have also clashed with the company in other areas, such as accusing the platform of stifling conservative voices.

The justice and labor departments have both investigated big tech companies in the past over allegations similar to those against Facebook, but they have rarely brought charges due to loopholes in the law.

Tech companies and industry groups have contested moves to limit immigration of foreign workers by saying there are not enough American students graduating with science and engineering degrees to meet the demand for filling jobs in areas such as artificial intelligence.

In June, Trump issued a presidential proclamation that temporarily blocked foreign workers entering on H-1B visas – an attempt the administration then said would open up 525,000 jobs for US workers.

Among the top 30 H-1B employers are major US firms including Amazon, Microsoft, Walmart, Alphabet’s Google, Apple and Facebook, according to a report by the Economic Policy Institute (EPI) in May.

The EPI report said most companies using H1B visas take advantage of program rules in order to legally pay such workers below the local median wage for the jobs they fill.