New York ex-deputy chief of staff to the Governor Linda Sun is facing charges of violating the Foreign Agents Registration Act (FARA), as discussed at a pretrial conference held by a federal judge in the Eastern District of New York yesterday. The defense team expressed urgency in their preparations due to the recent influx of evidence materials provided by the prosecution, potentially leading to a request for a postponement of the scheduled trial date of November 9.
The defense highlighted that between September and October, the prosecution delivered a total of 50,000 pages of evidence materials in batches. With the original trial set for early November, they expressed concerns about insufficient time for organization and analysis. They also questioned the sudden increase in the volume of materials as the government had indicated in February that the evidence collection was almost complete, with only translation work remaining.
The prosecution explained that the delay was primarily due to the defendant’s refusal to provide passwords for her iPhone and iPad, hindering the retrieval of evidence. It was only recently, with the collaborative efforts of government technical teams, that the device passwords were successfully unlocked, and the translated data was submitted as new documents.
Judge Brian Cogan inquired, “If I had started the trial a month earlier, would you not have presented this evidence?” The prosecution admitted there was initially little hope until the recent breakthrough in unlocking the devices, leading to the introduction of this new batch of evidence.
Judge Cogan noted that last-minute evidence disclosures are common in significant cases like this and did not find the government’s progress unnecessarily slow. While acknowledging the defense’s request for additional preparation time, he emphasized that it cannot be used as grounds for dismissal of the case.
The trial is estimated to last about three weeks, with the jury expected to reach a verdict within the first three days. If the trial cannot conclude before Thanksgiving, the judge mentioned the option of extending the trial period to December or early January.
The judge also questioned Linda Sun and her husband Chris Hu’s plea regarding the charges in the fourth supplemental indictment (S-4). Both individuals maintained their innocence.
Representing attorney for Linda Sun argued that her dealings with foreign embassies were no different from her colleagues and questioned the selective prosecution by the government: “Everyone in the office has similar contacts with embassies, why is Linda Sun the only one being prosecuted?”
In response, the judge noted that the defense only provided a small sample of about five colleagues closely cooperating with Linda Sun, making it challenging to prove a pattern of selective prosecution. He emphasized that unless it can be demonstrated that over 80% of individuals in this circle with embassy connections engage in similar behaviors, it may not serve as a valid defense. However, he added, “I will consider this point further; it is indeed significant.”
Another focus of the case is the procurement of protective equipment during the pandemic. The prosecution accuses Linda Sun of falsely claiming that the Chinese government recommended her relatives and husband’s company as suppliers of PPE to the state government, leading to contract awards and kickbacks.
Linda Sun argued that she only recommended the list of suppliers as part of the procurement process. The prosecution countered that the issue lies not in the recommendation itself but in her undisclosed economic interests with the recommended companies.
The judge concluded by stating that several defense motions would be heard this Thursday afternoon for further rulings.