Friday, April 29, 2016

GREAT NEWS II. Why no More Profiling?


Do Your Share & We’ll Win

What Does DOJ's "New Rule" Imply?

   It implies ending the profiling by race, national origin, ..., etc. in national security matters against all Americans, including Asian Ams.  Such profiling is always prohibited by law, but NOT so in practice against Chinese Americans, especially in recent years.  That's why 80-20 sent an e-newsletter entitled "GREAT NEWS.  No More Profiling".  

   A huge number of "thank you letters" came in, including NEW donation checks in 4 figures.  BUT, 80-20 also sensed that many of us did NOT know why DOJ's new rule has that effect.  80-20 wants to make sure that all of us understand it well!

   80-20 has done two due diligence services for YOU:

(1)  we communicated with reporters and experts in the area of national security, including Matt Apuzzo, the reporter who wrote the NYT's front page article, and Pete Zeidenberg, the lawyer who successfully defended Sherry Chen and Dr. Xiaoxin Xi, and

(2) we obtained a copy of the "new rule" to read it ourselves.  It is Section 90 on national security of the "US Attorney's Manual".  

   80-20 is proud of its service to YOU through this e-newsletter.

What does the "new rule" mean in practice?

   The "new rule" affects national security matters only, although national security is defined in a very broad sense.  The "new rule" essentially 
                           
adds an extra layer of review by high level espionage experts, before charges, arrests, indictment and prosecutions, ..., etc. are made against individuals and/or organizations.


Why would that be helpful?

   High level espionage experts are less likely to risk their careers and reputation by violating laws which prohibit profiling.  They also see more cases so that they can use statistics, e.g. number of rejected cases in the new review process, to determine if profiling may be occurring in practice.  At lower levels, U.S. prosecutors see only isolated cases in their own respective districts.  They are also probably less experienced/capable and more willing to risk violating the law for career advancement.  

In the Spirit of Political Compromise

   The new rule doesn't ask DOJ to apologize and compensate victims. For now, however, 80-20 is satisfied with the new rule, in the spirit of political compromise.   

   We all hate the partisan squabbles that have gone on in D.C., because each political party wants 100% of its "wants" satisfied.  They've forgotten the art of compromise for the benefit of the nation.

   The AsAm community has had its major concern satisfactorily addressed - the ending of profiling against us in practice.   80-20 will continue to work on "apology and compensation for victims" under 80-20's proposal to the Department of Homeland Security of March 26, 2016 - a nice piece of work by PAC Board member Fred. M Wong.
        
Pivoting to the CA Democratic Open Primary on June 7th

   For now, it's time to look to the future instead of focusing on the past.  80-20's Board will be meeting to discuss our "pivot" to that critical primary.  In CA, it is an OPEN primary and AsAms have twice the % of Declines/Independents as in all other races.   Are you ready?  Every AsAm can help in that critical battle, whether you live in CA or not.

S. B. Woo 

President and a volunteer for the past 17 years
80-20 Initiative, Inc.

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