Opinion | A secret Chinese agent? Salted ducks attract American paranoia
By Philip Yeung, university teacher
Red scare strikes again. The latest victim is Linda Sun, who had faithfully served two New York governors for 15 years. Now hauled before a federal court, she stands accused of being a secret Chinese agent.
This case defies logic. First, there is nothing "secret" about what Ms Sun had done. Everything she did was performed in the line of duty, out in the open, a matter of public record, and about as transparent as could be. There were no secret liaisons or clandestine messages exchanged with Chinese officials, only honest political disagreements with colleagues. No money dirtied her hands. This is an open and shut case of judicial overkill.
These days, in America, being slapped with a communist label will turn you into instant roadkill. All the water in the Hudson River wouldn't clear your name. You will be guilty until proven innocent, and even if acquitted, you are stained forever. In an election year, desperate Republicans have resorted to calling democrats communists, for their "socialist" idea of giving children free school lunch. In America, no label stinks as bad as the C word.
Democrats now know they are also victims of commie-shaming.
Sun faces eight counts, including visa fraud, alien smuggling, money laundering, and failing to register as a foreign agent. These charges are enough to keep you rotting in jail for life. Except this is a case literally for the birds.
First, visa fraud and alien smuggling. Sun allegedly sent invitation letters for the PRC official delegation to visit New York, apparently, without the governor's authorization. She might have acted on the belief that the authority to send these letters had been delegated to her as deputy chief of staff. But it hardly constitutes "inducing the foreign citizens into unlawfully entering the United States ", when all that Sun did was to promote healthy relations between New York state and China. It is sound diplomatic practice.
Perhaps, Sun's biggest sin was in arguing with the governor's speechwriter about a Lunar New Year greeting from the governor to the people of China. The speechwriter insisted on mentioning the "Uyghur situation" in China. Sun rightly considered that inappropriate, provocative and "too political" for a New Year greeting, and will defeat the very purpose of the goodwill message. You don't send a holiday greeting to upset the other party on the most important festival in China. Sun's perfectly sound suggestion for the wording was "Mostly holiday wishes and hope for friendship and cooperation. Nothing too political." The speechwriter, a boorish man with utter poor judgment and cultural arrogance, tried to drag New York into this messy "China-Taiwan sensitivity" which would run counter to the interests of the state. Sun's common sense won the argument, but it had incurred the enmity of the speechwriter who might have the ear of the governor.
Sun also stands accused of blocking Taiwan's representatives from having access to the governor's office. State officials forgot that the US has adopted a "one-China" policy, meaning that America has no diplomatic ties with Taiwan, whose officials, therefore, are not entitled to diplomatic courtesies. Sun was simply following established American policy and protocol—and protecting US interests. She is alleged to have attempted to facilitate a high-level New York politician's visit to China, which, again, fell within the remit of state officials. Had officials of Israeli or Indian descent boosted ties with their country of origin, they would have received a commendation, not condemnation or criminal charges.
Don't forget, Sun was just a state official, not a federal employee with access to state secrets. She did not sell or pass any sensitive information to Chinese authorities that endangers US national security. What she did was largely mundane commonsense PR work. Taking her to court is using a sledgehammer to crack a nut. This is political overkill.
The sixty-four-dollar question before the court is: Did Sun's actions damage American interests? The answer is a resounding "no", New York has in fact been well-served. She deserves a medal, not a mauling in court.
The second crucial question is: is there a quid pro quo for her supposed services to China? Wait till you see the list. The so-called benefits include "tickets to concerts by visiting Chinese orchestra and performances by ballet groups"—not exactly gifts worth killing for. These little courtesies don't qualify as bribes by any stretch of the imagination.
Then comes the truly bizarre. Sun is said to be guilty of having received "Nanjing-style salted ducks" from Chinese officials. You can't be serious. Who needs these unhealthy salted ducks? Sun was probably too embarrassed to reject these goodwill gifts. Imagine being convicted of being a secret Chinese spy for accepting salted ducks. This is unique in the history of espionage. Now you know why Chinese food has conquered the world. Even American prosecutors want a bite.
Find me a country where ducks count as bribes, and I will tell you that American prosecutors are not desperate or dumb. They believe that Chinese people think with their stomachs.
Sun is accused of money laundering, as is her husband. It begs the question: could her so-called "money laundering" in fact be legitimate advice by tax accountants that takes advantage of legal tax loopholes? Just ask Donald Trump. Prosecutors are quick to jump to the conclusion that she had received millions of dollars in transactions for her husband's businesses in China. Now the burden is on them to prove that the profits are ill-gotten gains. After all, Ivanka Trump had also made tons of money from trademark registrations in China. Yet she remains untouchable. If this is not double standards, what is.
Sun has a strong case to countersue for defamation and damages for false charges and racial bias.
This is American justice, wild west style. When Hochul, the incumbent New York governor was asked about Sun's case, she expressed her outrage at her "betrayal", prejudging Sun's guilt and trashing the sacred principle of "presumption of innocence".
Sun might have attracted unwanted attention because of her conspicuous lifestyle, owning a Ferrari sports car and multimillion-dollar homes, purchased with her husband's business incomes, both domestic and overseas. With jealous and backbiting colleagues, who needs enemies?
This case has a chilling effect on Chinese-American public servants. They are constantly under the gun to prove their loyalty to their adopted country. Sun's mistake was her belief that her integrity was sufficient unto itself. She forgot that her China origin has made her a target of paranoid security officials. The prima facie evidence suggests that Sun was merely exercising her best judgment in serving New York's best interests. She has run afoul for having been China-born, as PRC is America's no.1 scapegoat. Her ordeal has racist roots.
My advice to Sun's legal team is: Don't be angry. Be sarcastic. Demolish the case with ridicule and mockery. Ride on the backs of salted ducks all the way to acquittal. Laugh the charges and the prosecutors out of court. The case will collapse from its own silliness, from which there is no coming back. Try this ducky kung-fu move.
If the smell of the salted ducks proves too much for the judge, he might be stunk into declaring: "case dismissed".
The views do not necessarily reflect those of DotDotNews.
Read more articles by Philip Yeung:
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