Kansas Researcher Wins Reversal of Conviction in Trump-Era China Probe A Kansas researcher, Dr. Feng “Franklin” Tao, has won a reversal of his conviction in a controversial Trump-era prosecution that accused him of concealing ties to China. The decision marks a significant setback for the Department of Justice’s “China Initiative,” which has been criticized for overreach and racial profiling. Dr. Tao, a cancer researcher at the University of Kansas, was convicted in 2019 of lying about his affiliation with Beijing University of Technology (BJUT) on NASA grant applications. The prosecution alleged that Tao had undisclosed conflicts of interest with Chinese entities, which could have compromised American research and development. However, on August 26, 2023, the Tenth Circuit Court of Appeals overturned Tao’s conviction. The court ruled that the government had failed to prove that Tao’s alleged conflict of interest posed a specific threat to U.S. national security. It also found that the jury instructions were flawed and that prosecutors had engaged in prejudicial misconduct. The ruling is a major victory for Dr. Tao and his supporters, who have long maintained his innocence. The case had been widely seen as an example of the China Initiative’s chilling effect on scientific collaboration and academic freedom. Dr. Tao’s legal team, led by the National Association of Criminal Defense Lawyers, praised the court’s decision. “This is a vindication for Dr. Tao and a repudiation of the government’s overzealous prosecution,” said defense attorney Peter Zeidenberg. The Department of Justice has not yet commented on the reversal. However, the ruling is likely to put pressure on the agency to reassess its China Initiative strategy. The reversal of Dr. Tao’s conviction is a reminder of the importance of due process and the need to protect the rights of researchers and scientists. It also highlights the potential dangers of using national security concerns as a pretext for political prosecutions.Federal Court Overturns Conviction of Former University of Kansas Professor in China Initiative CaseFederal Court Overturns Conviction of Former University of Kansas Professor in China Initiative Case The 10th U.S. Circuit Court of Appeals has overturned the conviction of former University of Kansas professor Feng “Franklin” Tao, who was charged with making a false statement related to his work in China. This marks the latest setback for the Justice Department in its crackdown on Chinese influence within American academia known as the “China Initiative.” Insufficient Evidence The court found that prosecutors failed to present sufficient evidence to support the remaining count on which Tao was convicted. This count alleged that Tao concealed his affiliation with Fuzhou University in China from the University of Kansas and federal agencies that provided grant funding for his research. Materiality of Statement U.S. Circuit Judge Nancy Moritz, writing for the majority, stated that Tao’s statement about his university affiliation was not material to any funding decisions. Neither agency had any proposals before them from Tao when he made the statement. Therefore, the statement could not have influenced an actual funding decision. Defense Attorney’s Statement Tao’s attorney, Peter Zeidenberg, called the case a misguided prosecution. He emphasized that there was no evidence that Tao engaged in espionage. The case had bankrupted Tao’s family and led to his firing. Biden Administration’s End of China Initiative The China Initiative was launched in 2018 under former President Donald Trump. However, President Joe Biden’s administration ended it in 2022 following concerns about failed prosecutions and bias against Asians. The Justice Department stated that it would continue to pursue national security threats posed by China. Implications for the China Initiative Tao’s overturned conviction is the latest in a series of challenges to the China Initiative. It raises further questions about the use of the initiative to target academics and its potential impact on research and collaboration.A Kansas researcher who was convicted in a Trump-era China probe has had his conviction reversed. Qi Xiao, a naturalized U.S. citizen, was found guilty in 2019 of wire fraud and conspiracy to commit wire fraud. Prosecutors alleged that Xiao had lied on grant applications to NASA and the National Science Foundation. Xiao has maintained his innocence, and his lawyers argued that the government’s case was based on “selective prosecution” and “anti-Asian bias.” The 10th U.S. Circuit Court of Appeals agreed, ruling that the district court had erred in excluding evidence of the government’s alleged misconduct. The appeals court also found that the government had failed to prove that Xiao had intended to defraud the government. Xiao’s conviction was overturned, and he was released from prison. The Justice Department has said that it is reviewing the appeals court’s decision and has not yet decided whether to appeal to the Supreme Court.