US Federal court and Justice Department documents show that Chinese exchange student Wu Xiaolei, who was sentenced to nine months in prison for harassing pro-democracy activists, was released on parole in September and returned to China. This was part of the prisoner exchange between the US and China in September. On September 15, the US State Department announced that American pastor David Lin, who had been imprisoned in China for 18 years, was also released.
In January of this year, Wu Xiaolei, a former student at the Berklee College of Music who stalked and threatened a pro-democracy activist, was convicted and charged by the US Justice Department with “cyberstalking” and “interstate transmission of threatening communications”.
On April 24, Wu Xiaolei was sentenced to nine months in prison with three years of supervised release, and he reported to prison on June 7. Upon completion of his sentence, he will be deported and barred from returning to the US unless granted special approval by the Department of Homeland Security.
According to court documents unsealed in September, the Biden administration sought a court order for the US Marshals Service (USMS) to remove Wu Xiaolei from the Federal Correctional Institution in Allenwood, Massachusetts between September 12 and September 26, 2024, citing significant US diplomatic interests.
The documents mention that pardon authorization for Wu Xiaolei is under consideration, and President Biden will exercise his pardon power under the Second Amendment of the US Constitution for Wu Xiaolei, or else he would have to return to prison.
In another court document, the US government requested that records related to Wu Xiaolei be sealed to prevent hindrance to diplomatic interests and ensure the safety of USMS personnel detaining him until 24 hours after his release from USMS, or until his return to FCI Allenwood on or before September 26, 2024.
As reported by Voice of America on Wednesday, September 30, federal district court documents related to Wu Xiaolei were unsealed on September 16, indicating that he had been released by USMS and returned to China.
Politico also reported on Wednesday that the Biden administration facilitated the release of American citizen David Lin by Beijing last month, while the US released an unnamed Chinese citizen being held in the US as part of the prisoner exchange.
The US State Department has not publicly disclosed the exchange of David Lin for a Chinese citizen and has refused to answer questions regarding negotiations, such as how Lin’s freedom was restored and how he would return to the US from China.
This US-China prisoner exchange may be the first time in recent years that the US has handed over a Chinese citizen to Beijing in exchange for an American citizen.
President Biden signed a pardon document on September 12, reducing Wu Xiaolei’s nine-month sentence according to time served, stating that the early release was in the “national interest”.
The pardon document indicates that Wu Xiaolei had been serving his sentence at FCI Allenwood since June 7. The conditions of the pardon include Wu Xiaolei leaving the US, staying out of US territories and jurisdictions, and refraining from committing any crimes against the US or violating US laws.
If Wu Xiaolei violates any of the pardon conditions in the future, the US President reserves the right to nullify the pardon and reinstate the original punitive terms.
Chinese exchange student Zoey in October 2022 posted flyers near the school with messages like “Stand with the Chinese people”, “We want freedom”, and “We want democracy”. Wu Xiaolei learned about this and repeatedly threatened her online.
Wu Xiaolei sent a message in a WeChat group for Chinese students and alumni at Berklee College of Music, demanding that Zoey remove the flyers and claiming to have reported her to the Chinese public security authorities.
On October 22, 2022, Wu Xiaolei threatened in a WeChat group to cut off Zoey’s hands and report her alleged “reactionary posters” to the Chinese Communist Party.
While some members in the group supported Wu’s actions, others urged for a private resolution. Zoey stated that the threats made her extremely fearful and caused concern for her family in China, leading to sleepless nights.
Subsequently, Zoey received an email from Wu Xiaolei mentioning a report to the Chinese public security and disclosing her school email and residential address. Zoey believed Wu intended to continue harassing her and encouraged others to join in. She reported the incident to the school and requested action.
The school later issued a no-contact order, requiring both parties not to communicate during the school investigation. Wu Xiaolei was later suspended from school for a year.
During her testimony in court, Zoey expressed extreme fear due to Wu’s threats, leading her to move from her original residence.