纽约藏裔警官涉谍案：法庭批准检方撤销指控

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纽约藏裔警官涉谍案：法庭批准检方撤销指控

REBECCA DAVIS O'BRIEN2023年1月20日移民美国的白马达杰·昂旺在海军陆战队服役后加入警界。 Bing Guan for The New York TimesIn September 2020, when federal authorities charged Baimadajie Angwang, a Marine Corps veteran and New York Police Department officer, with acting as an illegal agent of China, the head of New York’s F.B.I. office called him “the definition of an insider threat.”2020年9月，联邦当局指控海军陆战队退伍军人、纽约警察局官员白马达杰·昂旺是中国的非法代理人，当时，联邦调查局纽约总部办公室称他为“来自内部威胁的典型”。The government has quietly changed its mind.政府悄悄改变了主意。On Thursday, in a brief and subdued hearing in a Brooklyn courtroom, a federal judge granted prosecutors’ request to dismiss the charges against Officer Angwang.周四，在布鲁克林法庭举行的简短而低调的听证会上，一名联邦法官批准了检察官的请求，撤销了对昂旺警官的指控。The swift unraveling of the case — which had been hailed as a signature example of the Justice Department’s efforts to root out foreign agents embedded in the United States — came with scant detail, much of it obscured by classification. In court Thursday, a federal prosecutor said that a “holistic” consideration of new evidence, developed in the two years since Officer Angwang’s arrest, had persuaded prosecutors to drop the case.此案曾被誉为司法部努力铲除潜伏在美国的外国特工的标志性案例，在其迅速撤销之际详情欠奉，其中大部分内容因为保密缘故而不为人所知。周四，一名联邦检察官在法庭上表示，在昂旺警官被捕后的两年里，对新证据的“整体”考虑说服了检察官放弃此案。For Officer Angwang, the dismissal was vindication, but not before the charges exacted a steep cost. Accused of spying on Tibetans for two Chinese consular officials, he spent six months in a jail cell, then under strict home monitoring as a flight risk. He remains on paid leave from the Police Department, his future uncertain.对昂旺警官来说，案件撤销洗刷了他的冤屈，但指控已经让他付出了高昂的代价。他被指控为两名中国领事官员监视藏人，在牢房里待了六个月，然后受到严格的居家监视，以防他潜逃。他在警察局仍然处于带薪休假的状态，前途未卜。Outside the courthouse Thursday, in the driving rain, Officer Angwang spoke briefly to the assembled reporters: “Thanks for all the people who trusted me, since the beginning.”周四在法院外，安旺警官在倾盆大雨中对聚集在一起的记者简短地表示：“感谢所有从一开始就信任我的人。”John Marzulli, a spokesman for the U.S. Attorney’s office, declined to comment.美国检察官办公室发言人约翰·马尔祖利拒绝置评。Officer Angwang’s journey to Thursday’s court hearing was laid out in charging documents, prosecutors’ memos and letters submitted by Officer Angwang’s lawyer, John F. Carman, seeking his client’s release from pretrial custody and for the charges to be dropped.指控文件、检察官备忘录和安旺警官的律师约翰·卡曼提交的信件，记录了昂旺警官走到周四法庭听证会这一步的历程。律师卡曼寻求释放当事人的审前羁押并撤销指控。An ethnic Tibetan, Officer Angwang was born in China. After coming to the United States as a teenager on a cultural exchange visa, he returned to Tibet and was arrested, detained and beaten by Chinese authorities.昂旺警官是出生在中国的藏人。十几岁时，他持文化交流签证来到美国，回到西藏后被中国当局逮捕、拘留和殴打。Beijing considers Tibet, an autonomous region in China, to be part of its historical empire, but many Tibetans believe the region was illegally incorporated into China in 1951 and have pressed for independence. The Chinese government has long viewed the Tibetan independence movement as a threat to its stability. The Justice Department has accused China of using agents in the United States to spy on Tibetan dissidents.西藏是中国的一个自治区，北京方面认为它在历史上就属于中国。但许多藏人认为该地区是在1951年被非法并入中国的，并要求独立。中国政府长期以来一直将西藏独立运动视为对其稳定的威胁。美国司法部指责中国在美国通过特工监视西藏异见人士。Mr. Angwang returned to the United States at age 17 and successfully applied for political asylum. He joined the Marines in 2009, spent seven months in Afghanistan, and in 2010 became a naturalized U.S. citizen.昂旺17岁重返美国，成功申请到政治庇护。他于2009年加入海军陆战队，被派遣到阿富汗七个月，并于2010年成为归化美国公民。After an honorable discharge in 2014, he enlisted in the Army Reserve, where he had what prosecutors described as secret-level security clearance. He joined the New York Police Department in 2016 and served on patrol, later working as a community affairs officer in the 111th Precinct in Queens.在2014年光荣退伍后，他加入了陆军预备役，在那里他获得了检察官所说的秘密级安全许可。他于2016年加入纽约警察局并担任巡警，后来在皇后区第111分居担任社区事务官。On Sept. 21, 2020, F.B.I. agents arrested Officer Angwang at his home in Williston Park, on Long Island, where he lived with his wife and infant daughter. He was charged in a criminal complaint with acting as an agent of a foreign government without notifying the attorney general — a charge derived from old spying statutes, known as “espionage lite” — and with obstruction, wire fraud and false statements.2020年9月21日，FBI特工在昂旺警官位于长岛威利斯顿公园的家中逮捕了他，他与妻子和年幼的女儿住在那里。一项刑事诉讼指控他在未通知司法部长的情况下充当外国政府的代理人，这项源自旧间谍法规的指控被称为“低级别间谍”。他还被指控妨碍公务、电汇欺诈和虚假陈述。The charges came amid growing concern on the part of law enforcement authorities in the United States and other Western countries about Beijing’s efforts to monitor Chinese nationals abroad, including dissidents. The Justice Department under former President Donald J. Trump had an initiative aimed at fighting security threats posed by Chinese academics and scientists, which yielded several cases — several of which the government lost or withdrew — before it was formally ended last year.这些指控提出之际，美国和其他西方国家的执法当局越来越担心北京在海外监控中国公民的努力，包括对持不同政见者。前总统特朗普任内的司法部发起了一项旨在打击中国学者和科学家构成的安全威胁的倡议，该倡议在去年正式取消之前已经审理了几起案件——其中有几起政府败诉或被撤回。Prosecutors said Officer Angwang communicated regularly with two consular officials in New York, including one whose department was responsible for “neutralizing sources of potential opposition to the policies and authority” of the Chinese government.检察官说，安旺警官定期与纽约的两名领事官员沟通，其中一人的部门负责“消除可能反对中国政府政策和权威的来源”。The criminal complaint cited several recorded phone calls between Officer Angwang and the unnamed official, in which Officer Angwang discussed his successful recruitment as an agent of China, saying the official’s supervisors in China should “know you have recruited one in the police department.”刑事起诉书引用了昂旺警官与这名未具名官员之间的几段电话录音，其中昂旺警官谈到了自己被成功招募为中国代理人，称这名官员在中国的上司应该“知道你在警察局招募到了一个”。The complaint claimed that Officer Angwang invited one of the officials to attend Police Department events “to raise our country’s soft power,” and recommended the officials visit a new Tibetan community center in Queens, saying it could help with spotting potential “intelligence assets.”起诉书称，昂旺警官邀了其中一名官员参加了警察局的活动，以“提升我国的软实力”，并推荐他们参观皇后区一处新的藏人社区中心，称这有助于挖掘潜在的“情报人员”。He lobbied for a 10-year travel visa from China, where his parents still lived, and argued that such visas would be helpful in recruiting other intelligence assets, according to prosecutors’ early court filings.检方早期提交给法庭的文件显示，为了推动中国给他10年签证，他向这些官员进行游说，称此类签证将有助于招募其他情报人员。他的父母仍住在中国。He was also accused of lying on a government questionnaire for national security positions, saying he had no contact with foreign nationals.他还被指控在政府对国家安全职务的问卷调查中撒谎，称自己与外籍人士并无接触。Prosecutors sought his detention, citing his “significant family and community ties” to China and “extremely unusual and suspicious” wire transfers to and from the country. They also suggested that the manner in which he obtained U.S. citizenship “suggests he committed a fraud on the United States.”检方提出将他拘捕，理由是他与中国有“重要的家庭和社会关系”，同时还与中国有“极不寻常和可疑的”电汇往来。检方还表示，他获得美国公民身份的方式“表明他对美国进行了欺诈”。He was ordered detained, and sent to the Metropolitan Detention Center in Brooklyn. Days later, Mr. Carman wrote the first of what would be four motions for his release. He also fought back against the claims in the indictment, noting, for one, that the Chinese official with whom Officer Angwang had communicated was in charge of visas for Tibetans seeking to travel to and from China.他被下令拘捕，送往布鲁克林的大都会拘留中心。不久后，卡曼起草了要求将他释放的四份动议中的第一份。他还对起诉书中的指控进行了反驳，其中一项是，昂旺警官联络的那位中国官员负责的工作是为往返中国的藏人办理签证。“Mr. Angwang, like many other American Tibetans, was beholden to” the official, Mr. Carman wrote. “It is in this light that the Court should assess Mr. Angwang’s solicitous tone and accommodating posture.”“与许多其他美籍藏人一样，昂旺有求于这名官员，”卡曼写道。“有鉴于此，法庭应评估昂旺的殷勤语气和迎合姿态。”It took more than five months to secure Mr. Angwang’s release to home confinement, over the objections of prosecutors. Since his arrest, people driving by Officer Angwang’s home would yell slurs in his direction, his lawyer said.在检方反对下，昂旺过了五个多月才获释，开始家庭监禁。他的律师说，自被捕以来，开车经过他家的人会朝昂旺警官的方向大声辱骂。Much of the government’s evidence and investigation was cloaked from public view — and from Officer Angwang himself — because of strict rules governing classified materials gathered through national security surveillance.因为通过国家安全监控收集到的机密材料有严格的管理规定，政府的大部分证据和调查并未对外公布，昂旺警官本人也不知情。An October 2022 trial date was pushed back to February 2023, as prosecutors sought time to review tranches of evidence. This month, the trial date was pushed again, to July.由于检方需要更多时间审查部分证据，原定于2022年10月的开庭日期被推迟至2023年2月。本月，开庭日期又被推迟到7月。Then, in a filing late last Friday, prosecutors asked Eric R. Komitee, the judge overseeing the case, to dismiss the charges.随后，在上周五晚间提交的文件中，检方请求负责审理此案的法官埃里克·科米蒂驳回指控。“As a result of our continued investigation, the government obtained additional information bearing on the charges,” the government wrote. “Having assessed the evidence as a whole in light of that information,” they wrote, “the government hereby moves, in the interests of justice, to dismiss the indictment.”“作为我们持续调查的结果，政府获得了与这些指控相关的额外信息，”政府写道。“在依据这些信息对证据进行整体评估之后，”他们表示，“政府特此动议撤销起诉，以维护司法公正。”At Thursday morning’s hearing, Judge Komitee pressed the assembled prosecutors to say anything about their request beyond the “fairly oblique” language in last week’s filing.在周四上午的听证会上，科米蒂法官要求在场检察官就此申请发表看法，但不能使用上周提交文件中“相当隐晦”的语言。“I understand the limit on your ability to speak,” Judge Komitee said, citing “the classified information overlay.”“我了解你们的发言受到限制，”科米蒂法官在提到“受制于机密信息”时表示。J. Matthew Haggans, an assistant U.S. attorney, said the decision was “based on an assessment” of the evidence “holistically.”美国助理检察官J·马修·哈根斯表示，这一决定是基于对证据的“全面评估”。Judge Komitee started to speak, then paused. “We all remember well, of course, the fanfare with which this case was brought initially,” and the “fairly protracted” litigation over Officer Angwang’s detention, the judge said.科米蒂法官在开始发言时停顿了一下。“我们当然都清楚记得此案最初引起的轰动，”以及围绕昂旺警官被捕的“相当漫长”的诉讼程序，这位法官说。“Everyone sitting in the well of this courtroom, including the court himself, owes a debt of gratitude to Mr. Carman for his doggedness” in pursuing his client’s pretrial release, the judge said. “We would obviously be sitting here in a very different posture today had Mr. Angwang been incarcerated for the duration of this case.”“包括本法庭在内，在场的每一个人都应感谢卡曼坚持不懈地”要求审前释放他的当事人，法官说。“若昂旺在本案审理期间一直被监禁，我们今天显然会以截然不同的姿态坐在这里。”He credited the prosecutors with acknowledging the case had dissolved, rather than pressing ahead to trial.他意识到检方承认此案已经了结，而不是要继续推进审理。“Better late, as they say, than never,” Judge Komitee said.“正如那句话，迟做总比不做好，”科米蒂法官说。Outside the courthouse, Mr. Carman said he and his client were “working through” a possible return to active duty police work, and they were reviewing potential possible legal action against the government.卡曼在法院外表示，他和他的当事人“正在考虑”重返现役警察岗位的可能性，同时也在评估可能对政府采取的法律行动。“The government has been very sparing in their description of the reasons why they dismissed the indictment, because of the classified information that was at play in this case,” Mr. Carman said. “Mr. Angwang was innocent from the very beginning.”“政府在描述他们撤销起诉的原因时非常谨慎，因为此案涉及机密信息，”卡曼说。“昂旺从头到尾都是无辜的。”Rebecca Davis O'Brien自纽约报道执法和法院相关新闻。她曾在《华尔街日报》工作，2019年她参与的团队因报道他人代表前总统特朗普向两名女性秘密支付封口费而获得普利策国内报道奖。翻译：纽约时报中文网点击查看本文英文版。  https://feedx.best

Source: 纽约藏裔警官涉谍案：法庭批准检方撤销指控