Kelly John Walker
- Failing to turn over exculpatory evidence. (See also Exculpatory Evidence: Is Miles Guo Being Denied Due Process?)
- “Telling a magistrate judge that discovery was complete when the government had not yet turned over the contents of several phones and computers and then continuing to mislead the court as to the status of discovery.”
- The FBI “neglectfully delaying disclosure of a significant amount of discovery totaling five terabytes of data.”
Guo’s attorneys cried foul by means of a May 5, 2023, Appeal to the U.S. Court of Appeals for the Second Circuit. They are seeking a Motion for Relief from SDNY’s order denying pre-trial release.
In spite of the fact that courts in the Second Circuit released Bernie Madoff and Sam Bankman-Fried even after both violated their initial conditions of release, SDNY Judge Analisa Torres refused to release Guo pretrial…for alleged, non-violent, white-collar crimes.
The DOJ has recounted the elaborate schemes directed at Mr. Kwok—devised and funded by the CCP—in a series of recent criminal prosecutions that read like spy novels.
This latest appeal raises compelling points that call the decision of Judge Torres into question. “Mr. Kwok is not a flight risk. For years, he has been the target of a campaign by the CCP to dismantle the pro-democracy movement that he has led, and to force Mr. Kwok’s return to the People’s Republic of China (PRC) where he will face politically motivated charges and likely execution.”
The appeal continues, “The Court need not take Mr. Kwok’s word for this. The DOJ has recounted the elaborate schemes directed at Mr. Kwok—devised and funded by the CCP—in a series of recent criminal prosecutions that read like spy novels.”
A DOJ prosecutor’s sworn evidence corroborates up Mr. Guo’s defense!
It is well-documented that the CCP has actively engaged in a highly orchestrated plot to discredit, falsely accuse, and blackmail Mr. Guo in an insidious attempt to silence him, even to the point of execution.
“The CCP’s campaign against Mr. Kwok explicitly involves spreading disinformation to discredit Mr. Kwok, and to incite and pressure U.S. law enforcement against him.” This is not simply a claim made by defense attorneys, it is in the sworn affidavit of an FBI special agent that includes carefully gathered evidence.
In other words, a DOJ prosecutor’s sworn evidence corroborates Mr. Guo’s defense! So, why is the SDNY continuing to hold Victim #1 under contrived pretenses, contrary to overwhelming evidence?
Why did the SDNY negate the requirement to “ensure the reliability of the evidence by selectively insisting upon the production of the underlying evidence or evidentiary sources where their accuracy is in question”? Not only did the District Court fail to follow this requirement as set out in United States v. LaFontaine, 210 F, they “accepted without scrutiny the Government’s vague, misleading, and incorrect proffers of evidence concerning numerous legal and factual issues that may have been material to the District Court’s determination.”
The CCP’s Ministry of Public Security routinely threatens, coerces, and influences political dissidents abroad in an effort to silence them.
Evidence like that which the “Yunpeng Complaint and Affidavit,” executed by and FBI Special Agent. The document “describes in striking detail how Mr. Kwok (Guo) has been the victim of virtually every conceivable form of attack, short of outright assassination by the CCP.”
The CCP’s Ministry of Public Security (“MPS”) routinely threatens, coerces, and influences political dissidents abroad in an effort to silence them. As the Affidavit attests, the MPS “seeks to undermine the credibility of these [CCP] critics living in the United States.” It goes further, saying that “since victim-1 fled the PRC, the PRC government has…employed numerous methods to effect Victim-1’s capture or arrest.”
Chinese dissidents are increasingly finding little difference between the so-called “justice system” of the United States and the human rights abuses of the PRC
These “numerous methods” have included bribing and blackmailing DOJ employees (like George Higginbotham), Judges (like Barry Ostrager), high-power attorneys like Luc Despins, former Finance Chairman of the Republican National Committee Elliot Broidy, and even Grammy-winning musician Pras Michel who was convicted in a federal court in Washington, D.C., on 10 counts related to charges including conspiracy, witness tampering and failing to register as an agent of the CCP.
Now it’s been revealed that Yvette Wang, also being detained without bail, is suffering from cancer. According to a close acquaintance, “She never told anyone because her life’s mission is to take down the CCP. Her parents passed away and her husband and son were forcefully taken away from her by the CCP.”
Chinese dissidents are finding little difference between the US “justice system” and the human rights abuses of the PRC
“She literally has no family,” the source continues, “And this is the person the corrupt DOJ is keeping in jail? They are only keeping her in jail in the hope that she turns on Miles because they have no evidence. This is inhumane and immoral.”
Sadly—and to our shame as a nation—Chinese dissidents are increasingly finding little difference between the so-called “justice system” of the United States and the human rights abuses of the PRC they fled here to escape.
Musician Omarr Shabazz recently released a song, CCP’s Victim #1, which quickly became the top single in Hong Kong. “This whole Mile Guo thing is crazy…but what y’all have to understand…it’s not all about Miles Guo, it’s about America and its Freedom…they did it to him, they’ll do it to me, they’ll do it to you, they’ll do it to we.”
Our government is at war with itself. To distill it down to the simplest terms, it is America vs. traitors carrying out the will of the CCP. This is a war we must not lose. Free Miles Guo and Yvette Wang.
“Therefore, justice is far from us, and righteousness does not overtake us; we hope for light, but behold, darkness, for brightness, but we walk in gloom.” Isaiah 59:9