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Huawei's Meng seeks classified docs in extradition fight
By David Ball
Vancouver (AFP) Aug 17, 2020

Ex-CIA officers sold secrets to China: indictment
Washington (AFP) Aug 17, 2020 - A former officer for the CIA and then the FBI was charged in federal court in Hawaii Monday with selling US secrets to China, including disclosing the identities of US informants in China.

Andrew Yuk Ching Ma was tricked into admitting his activities last year by a US undercover agent who, posing as a Chinese intelligence officer, told Ma he had been underpaid for at least a decade of work, according to an indictment.

He continued to meet with the undercover agent, accepting money and offering secrets until this month, when he said he was happy to keep working for Beijing but "would prefer to discuss opportunities after the COVID-19 pandemic has subsided," the indictment said.

The Justice Department said Ma was arrested on August 14, but only unsealed the indictment on Monday.

Ma, 67, a naturalized US citizen born in Hong Kong, worked for the Central Intelligence Agency with a high-level security clearance from 1982 to 1989.

He had a relative, unnamed and uncharged in the indictment due to his age, 85, and advanced cognitive disease, who also worked for the agency from 1967 to 1983.

The indictment says that at least as early as 2001, the two were already providing information to agents of Beijing's Ministry of State Security.

The indictment says FBI investigators gained video and audio recordings of their meetings with MSS agents in Hong Kong in March 2001 -- though it does not explain how and when they obtained such evidence

At those meetings they provided details of CIA communications, field operations and informants, and the video shows them receiving $50,000.

After them Ma applied for a position at the FBI in Hawaii that gave him access to classified information that, over the following decade at least, he downloaded and photographed documents to turn over to his Chinese handlers.

He and his relative were also asked to identify from pictures possible US agents and informants in China during this period, according to the charges.

The indictment gives no hint of what Ma may have done after 2010 or when US counterintelligence investigators first became suspicious of him before 2019.

The case though is the latest of several brought against US government employees who sold secrets to China.

After China reportedly broke up a network of CIA sources and operatives inside China around 2010, the agency began digging deeply for leaks and possible moles that may have exposed them.

Last November Jerry Chun Shing Lee, who worked for the CIA from 1994 to 2007, was sentenced to 19 years in prison for giving US secrets to Chinese intelligence.

Huawei executive Meng Wanzhou's lawyers went to court on Monday to press for the release of classified documents related to her arrest that they claim will show her rights were violated.

Meng, the Chinese telecom giant's chief financial officer, was arrested on a US warrant in December 2018 during a stopover in Vancouver.

She is charged with bank fraud related to violations of US sanctions against Iran, and has been fighting extradition ever since.

Appearing by teleconference at the British Columbia Supreme Court, defense lawyers said the Crown must not be allowed to shield authorities' misconduct by blocking the release of key documents.

They pointed to "inconsistencies" in the reasons given by the attorney general for redacting or withholding them.

Defense lawyer Mona Duckett said the documents in question contain "important information that ought to have been provided at the get-go."

Instead, she said, the Crown has continually changed its justifications for keeping them secret.

Canadian government lawyer John Gibb-Carsley retorted that all relevant documents were given to the defense.

"The Attorney General of Canada cast the net very wide to capture all documents," said Gibb-Carsley.

- Abuse of process alleged -

Meng's defense team alleges that the Federal Bureau of Investigation (FBI) conspired with Canadian authorities to collect evidence and interrogate her, in violation of her rights.

Specifically, they point to her detention and questioning without a lawyer over the three hours after she disembarked a flight from Hong Kong, but before she was charged, as well as the illegal seizure of her electronic devices.

The Royal Canadian Mounted Police (RCMP), the defense says, noted the serial numbers and technical specifications of her smartphones, tablet and laptop computer and improperly gave these details to the FBI.

Most of the almost 400 documents sought concern communications between Canadian and US agencies prior to and after Meng's arrest.

The court previously ordered the Canadian Security Intelligence Service (CSIS) to hand over a stash of files to the defense, but they were mostly blacked out. The defense wants those redactions lifted.

Meng's legal team is expected to argue that the extradition proceedings should be stayed as a result of the alleged abuse of process.

The RCMP has denied any wrongdoing, while the Crown on Monday continued to argue against the release of more documents on the basis of relevance, legal privilege and national security.

This week's hearing is scheduled to take up to five days, with the remainder of the sessions to be held behind closed doors.

Meng remains under house arrest in Vancouver while the extradition case, which is due to wrap up in April 2021, is heard.

Meanwhile, the US government on Monday expanded its sanctions on Huawei, a move aimed at further limiting the tech giant's access to computer chips and other technology.

US officials have argued Huawei poses a security risk because of its links to the Beijing government, a claim denied by the company.


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