DOC General Counsel’s Office has concluded that ITMS had conducted investigations and counterintelligence activities far beyond their legal authority. As a result of the investigation, ITMS is being disbanded. I wish to thank all of you involved for helping to end ITMS and its abuses.

For 9/13/2021 APA Justice meeting: APA Justice, Jeremy, Steve, Nisha/CAPAC, Reps Judy Chu, Grace Meng, Ted Lieu, Gisela/AAJC:

The APA Justice Newsletter Issue #82 stated: There is no clear indication whether DOC/OIG conduct an investigation of this complaints or other complaints involving Asian American employees? If so, it is unclear whether DOC/OGC covered them in the internal review.

Although the 9/3/2021 DOC Office of General Counsel’s Report on the overreach by the Investigation & Threat Management Service (ITMS) did not specify “complaints involving AA employees”, the WaPo writer Shawn Boburg https://archive.ph/K0K4B#selection-967.0-971.39 revealed that ITMS Investigator Christopher Cheung had complained about targeting of Chinese. So I think it is reasonable to infer that the DOC investigative review of ITMS did cover AA employees. (Also, Christopher Cheung should be recognized by the AAPI community for his whistleblowing. Although whistleblowing is supposedly protected, more often than not, its is actually the kiss of death for the whistleblower!)

DOC General Counsel’s Office has concluded that ITMS had conducted investigations and counterintelligence activities far beyond their legal authority. As a result of the investigation, ITMS is being disbanded. I wish to thank all of you involved for helping to end ITMS and its abuses.

Despite this victory for justice within Dept of Commerce, I urge all of you to continue to confront the McCarthyite Red Scare modus operandi that is inherent in the DOJ/Christopher Wray/FBI China Initiative.

The 9/3/2021 DOC Office of General Counsel report revealed that deposed Office of Security Director George Lee had opened investigative cases, with minimal closing of cases. This was criticized in the report. Yet, FBI Director Wray has similarly boasted about the many cases that have been and are being opened by FBI. In his 7/7/2020 presentation to the Hudson Institute, he boasted: We’ve now reached the point where the FBI is opening a new China-related counterintelligence case about every 10 hours. Of the nearly 5,000 active FBI counterintelligence cases currently underway across the country, almost half are related to China. And at this very moment, China is working to compromise American health care organizations, pharmaceutical companies, and academic institutions conducting essential COVID-19 research.

The 9/10/2021 CAPAC statements regarding Anming Hu include Chair Judy Chu’s bold challenge of the China Initiative: “The trial of Dr. Anming Hu – the first case brought to trial under the flawed China Initiative – is a perfect example of why this problematic initiative must be ended.”

Chair Chu’s strong statement is consistent with the call for AAPI voices to speak out against anti-Asian hate, and not to just suffer in silence. Thank you, Chair Chu. All CAPAC members must speak out vociferously against the targeting of AAPI victims, following the example of Chair Chu.

OPPOSING THE DEMONIZATION OF CHINA

I ask all of you, especially CAPAC legislators, to up the ante. AAPI leaders must start speaking out loudly against the baseless anti-China hysteria.

In a 9/3/2021 statement regarding the disbanding of DCC’s Investigation & Threat Management Service (ITMS) CAPAC Members Welcome Decision to Eliminate Rogue Investigative Unit at Commerce Department | Congressional Asian Pacific American Caucus (CAPAC) (house.gov), Chair Chu allows that “… there are legitimate national security concerns related to China……” https://capac-chu.house.gov/press-release/capac-members-welcome-decision-eliminate-rogue-investigative-unit-commerce-department

As Asian Americans–as all Americans–we need to confront the validity of the hyper-exaggerated China Threat. The 2009 NDAA’s China Strategy called for a coordinated all-of-government effort to combat China’s “malign influence”.

The abuses of DOC’s ITMS and of DOJ’s China Initiative are logical consequences of the presumption of China’s malign influence contained in the 2009 NDAA China Strategy.

What is happening now is similar to what happened during the 1950’s McCarthy era: Sympathy with China is considered subversive. Presentation of favorable facts/information/opinions about China are presumptive of malign influence and subversion.

CAPAC and AAPI leaders should step up and challenge the politically popular and racist China Threat narrative that is all out of proportion to any actual threat. CAPAC and AAPI leaders must jump off, no onto, the politically expedient anti-China hysteria. Domestic anti-Asian hate is collateral damage of anti-China hate.

Sincerely,
Alvin Ja
San Francisco