Judge acquits Chinese American researcher of espionage charges

University of Tennessee Professor Anming Hu

A federal judge from the U.S. District Court for the Eastern District of Tennessee acquitted University of Tennessee (UT) Engineering Professor Anming Hu of all charges after his trial resulted in a mistrial when the jury deadlocked. 

"Dr. Hu is finally free to return to his life and be reunited with his family," said John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC, said in a statement. But the "scars of the prosecution and investigation on Dr. Hu and his family are deep and long-lasting."

Dr. Hu’s case was the first to go to trial under the controversial U.S. Department of Justice's controversial China Initiative. The decision came after the U.S. government’s announcement to retry the case in July despite serious concerns voiced by elected officials, civil rights groups, and the Asian American community over the FBI’s conduct during the course of its investigation of Dr. Hu. 

U.S. District Judge Thomas A. Varlan  wrote in his rulings: "[E]ven viewing all the evidence in the light most favorable to the government, no rational jury could conclude that defendant acted with a scheme to defraud NASA" in failing to disclose his affiliation with the Beijing University of Technology to UTK.

The judge added "there was no evidence presented that defendant ever collaborated with a Chinese university in conducting his NASA-funded research, or used facilities, equipment, or funds from a Chinese university in the course of such research."

The case against Hu was the first attempt at prosecuting a suspect under the Trump administration's China Initiative, that has come under fire from civil rights and AAPI community organizations.

"Although we celebrate this moment, we cannot forget the life-long consequences this injustice has had on Dr. Hu and his family," said John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC. 

"Dr. Hu has lost years of his life, his job, his immigration status, his ability to obtain future federal grants, and possibly his career," he added.

Yang continued: "What happened to Dr. Hu and his family is not an isolated event and is part of systemic racial bias, discrimination, and profiling by our federal government against scientists and researchers of Asian descent across the country. ... We must put a stop to the racial profiling and the criminalization of our communities today, starting with ending the China Initiative.”

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