After more than a week of trial, the case of Wang Shujun, the secretary-general of the Hu Yaobang and Zhao Ziyang Memorial Foundation accused of being a “foreign agent,” entered its final phase yesterday (August 5). The prosecution accused Wang Shujun of leading a “double life” for many years, using the foundation to contact anti-communist individuals and secretly reporting intelligence to the Chinese Ministry of State Security.
However, Wang Shujun’s defense lawyer firmly insisted that there was no evidence proving that Wang Shujun “agreed” to engage in related activities under the guidance or control of Chinese officials. Of particular note was the four-page statement distributed by Wang Shujun to all Chinese and English-speaking journalists outside the court, indicating that he seemed to be living in a different reality, with a significant cognitive gap with the government.
Assistant prosecutor Ellen Sise emphasized in her closing statement that a wealth of evidence showed that Wang Shujun had been writing diaries since 2006 (the year the Hu-Zhao Foundation was established), reporting on the movements of democracy activists and other groups to the Chinese Ministry of State Security and following instructions from security officials in Guangdong, He Feng, Li Ming, and Ji Jie. For instance, collecting thoughts from former chairman of the Hong Kong Support Group Ho Chun Yan, being found with a list of 64 democracy activists’ phone numbers at JFK Airport upon returning from China to the US, and changing his story multiple times during the FBI’s two-year investigation. For example, in 2018, he claimed no contact with Chinese government officials, which was later proven false.
Sise cited some evidence. For example, Guangdong State Security Officer Li Ming (WeChat nickname “Elder Tang”) instructed Wang Shujun via WeChat: “Professor Wang, find an opportunity to contact Ho Chun Yan in a few days and inquire about his views on next year’s Chief Executive election.” Wang replied “OK” and two days later responded that he had just called Ho Chun Yan and “asked all the questions that needed to be asked, and he answered them directly.” Li then instructed Wang to “write it in the diary,” to which Wang replied that he would write down the conversation “between the two of them, then you will be clear.”
Furthermore, in his diary, he also mentioned his concern about Mainland Chinese visitors possibly intercepting Xi Jinping’s vehicle during his visit to the US. He inquired with democracy circle member Zhao Yan and visiting Chinese individual Ma Yongtian and reported his analysis to security officials.
In a “William Diary” intended for Guangdong State Security Chief, Wang Shujun analyzed that these American democracy veterans seem to have reached the end of their relevance and cannot cooperate with Mainland individuals for activities. “At least up to now, I don’t think ‘they’ will achieve anything significant.”
Sise pointed out that in the diary, Wang Shujun used “they” instead of “we,” indicating “he was monitoring democracy organizations because he was secretly working for the Chinese Ministry of State Security. These analyses are precisely what the Chinese State Security wants.”
Wang Shujun faced four criminal charges: concealing acting as a Chinese agent for the US government, spanning from 2005 to 2022, in addition to charges of illegal use of identity information, providing false statements to the FBI, etc. “Illegal use of identity information” refers to his arrival in the US at JFK Airport in April 2019, where the FBI found on his black notebook contact details of several Chinese officials, as well as the names and phone numbers of 64 democracy activists, with a note beside NY4HK leader Yang Jinxia’s name saying “Hong Kong woman.” Yang herself testified that she did not authorize Wang to list her that way, which posed a threat to her personal safety.
“False statements” refer to Wang Shujun denying any contact with Chinese officials during two meetings with the FBI from August 2017 to April 2019. Even after being warned that making false statements could lead to charges, he continued to provide false information until two weeks after an undercover detective visited and showed evidence in July 2021.
Defense lawyer Zachary Margulis-Ohnuma emphasized in his closing statement that the prosecution did not prove Wang Shujun had the “intent” to act as an agent. Zachary said that the information Wang provided had no substance, akin to when a boss asks for money and you hand them a paper, it cannot be considered cooperation.
Zachary stated that Wang Shujun was simply a lonely elderly man with a habit of diary writing, and there were misunderstandings in his interactions with the FBI: “Wang did not receive spy training; there was no evident motive; the prosecution failed to prove he took money for state security plane tickets; there was no evidence state security saw these diaries; when the FBI undercover detective posed as Chinese security visited, he did not screen them or use secret codes; he did not report FBI investigation to state security; he used his own email and WeChat and was not a 007 agent.”
However, assistant prosecutor Sise argued that from 2016 to 2021, Wang Shujun traveled to and from China 19 times; he told the FBI undercover detective during a “fishing expedition” that the content of his “Wang’s Diaries” had already been published in the newspaper if they questioned him. She emphasized that “his actions were not without cause.”
Sise pointed out that proving the charge of concealing acting as a “foreign agent” for the US government did not require the defendant to have a formal agreement with the Chinese government, receive payment or compensation. It also did not necessitate providing secret or confidential information. The agent (defendant) essentially did not have to act as an employee of the foreign government, as long as he was aware and willing to act under the instructions or control of the government. For example, Wang Shujun told the FBI undercover detective that he wrote his “Wang Diaries” two or three times a month for Ji Jie in Qingdao to see and the William Diaries for He Feng in Guangdong.
Yet, in a written statement provided to Chinese and English-speaking journalists in the gallery, Wang Shujun presented a different narrative from his defense lawyer. He claimed that the US government’s accusation of him being a Chinese agent was completely fabricated. According to his understanding, the theoretical definition of a “Chinese agent” involves spreading “Chinese” ideals, policies, etc., in the US, for instance, promoting Xi Jinping’s “Chinese Dream” and advocating for “one-party rule.”
Wang Shujun further asserted: “An agent should receive compensation, salary, and operational funds. In contrast, Professor Wang is involved in the New York democracy movement without any form of financial gain.”
However, the prosecution made it clear that being a “foreign agent” does not require receiving compensation; the core is “receiving instructions from a foreign country or acting under their control.” The Foreign Agents Registration Act (FARA) requires individuals to register in detail with the US Department of Justice and submit reports regularly to make foreign activities in the US transparent.
Wang Shujun claimed that he met Ji Jie, He Feng, and Li Ming through social gatherings; they were in casual clothing, not security uniforms. He claimed that even when the FBI agents showed pictures of Ji Jie and three state security personnel in uniforms, he believed “you can’t completely trust it. In China, staging photos with clothing as props is common.”
However, court evidence showed that Wang Shujun did not deny their official identities. Additionally, in verbal and written materials provided to journalists, he mentioned that when he met Ji Jie in 2003, Ji was a police academy graduate. Around 2010 when he found out Ji Jie worked at Qingdao State Security Bureau, he reported this to the founding president of the Hu-Zhao Foundation, Chen Yizi, who encouraged him immediately, giving him “courage to undertake bold pioneering work because insiders are never a monolithic bloc.” Chen Yizi passed away in 2014, and the authenticity could not be verified.
Regarding He Feng and Li Ming, Wang Shujun said that when his son-in-law had business in Hong Kong, he hired He Feng to collect debts when the Hong Kong World Chinese Business Investment Fund faced financial problems. Wang described He Feng’s role transition from being a Guangzhou Agricultural Bank employee to handling vehicle registrations and logistics responsibilities at the Guangzhou State Security Bureau, then becoming the office manager of the security bureau and now working in Jinan, Shandong Provincial Construction Department.
According to expert witness Alex Joske’s testimony in court, State Security engages in secretive espionage and intelligence work, often concealing their true identities. For example, they may pose as local government officials or businessmen externally. They rarely travel abroad, especially after Jiangsu State Security official Xu Yanjun was arrested in Belgium in 2019 and extradited to the US.
Joske stated that State Security attempts to collect information on various figures like politicians, foreign social and political systems, and important individuals in the government, particularly dissidents, overseas Chinese community leaders, scientists, and individuals possessing key commercial information. The scope of their surveillance is extensive.
Wang Shujun opted not to testify in court on Friday (August 2). However, in a document sent to reporters yesterday titled “To the Jury,” he demanded that the government must present “authoritative evidence” to prove the identities and credentials of these state security personnel.
Following the jury’s instructions, they entered the deliberation phase. Yesterday’s discussions did not reach a conclusion, with proceedings expected to continue today.
Related articles:
– Democracy Activist or Spy? The Opening of the Wang Shujun Case in New York
– Wang Shujun Case (Part Two): The Secrets in the Diaries
– Wang Shujun Case (Part Three): Undercover FBI Sting Operation Recording
– Wang Shujun Case (Part Four): FBI Agent Meets Three Times
– Wang Shujun Case (Part Five): “Many People Returning to China for Talks with State Security”
– Wang Shujun Case (Part Six): Yen Ning’s Joining Hindered, Wang Cancels Self-Defense