Thin film physicist unfairly targeted by Justice Dept.

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Discussion Overview

The discussion centers on the case of a physicist, Dr. Xi Xiaoxing, who faced charges from the Justice Department related to alleged technology sharing with China. Participants express concerns about the investigative process, the implications for international collaboration in science, and the potential impact on foreign students in the U.S.

Discussion Character

  • Debate/contested
  • Meta-discussion

Main Points Raised

  • Some participants argue that the Justice Department failed to obtain proper evidence before pursuing charges against Dr. Xi, citing independent scientists' assessments that contradicted the accusations.
  • One participant mentions that the technology in question, referred to as 'pocket heater' technology, is publicly available through patents, raising questions about the basis of the charges.
  • Concerns are raised about the chilling effect such investigations may have on open scientific collaboration, particularly for non-American scientists and students.
  • Some participants draw parallels between this case and the earlier investigation of Wen Ho Lee, suggesting a pattern of problematic investigations by the Justice Department.
  • There is a suggestion that Dr. Xi should consider suing the Justice Department for damages related to his false arrest.
  • One participant highlights the difficulties faced by international students in the U.S., noting their vulnerability in the academic system and the challenges they encounter in voicing grievances.

Areas of Agreement / Disagreement

Participants generally agree on the disturbing nature of the investigative process and its implications for international collaboration, but there is no consensus on the appropriate response or the potential legal actions Dr. Xi might take.

Contextual Notes

Participants express concerns about the lack of evidence and expert consultation in the investigation, but the discussion does not resolve the implications of these issues or the specifics of the legal context.

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It's disturbing that the investigators and prosecutor did not obtain proper evidence.

NYTimes said:
His lawyers contacted independent scientists and showed them the diagram that the Justice Department said was the pocket heater. The scientists agreed it was not.

In a sworn affidavit, one engineer, Ward S. Ruby, said he was uniquely qualified to identify a pocket heater. “I am very familiar with this device, as I was one of the co-inventors,” he said.

Last month, Mr. Zeidenberg delivered a presentation for prosecutors and explained the science. He gave them sworn statements from the experts and implored the Justice Department to consult with a physicist before taking the case any further. Late Friday afternoon, the Justice Department dropped the case “in the interests of justice.”

Stranger still is the fact that 'pocket heater' technology is available through the patent office.

Device and method for fabricating thin films by reactive evaporation
US 8290553 B2

And apparently similar technology is patented in China.
 
I agree that it's disturbing that the investigators and prosecutors did not bother to obtain proper evidence or consult with experts in the field before pursuing charges against Dr. Xi. There are echoes here of the investigation of Wen Ho Lee years ago by the Justice Department.

https://en.wikipedia.org/wiki/Wen_Ho_Lee

I can also imagine that such an investigation could have a potential chilling effect on open collaboration with scientists outside of the US, as well as potentially closing the door to non-Americans from either pursuing graduate studies or pursuing opportunities in the US.
 
I am disappointed that Xi Xiaoxing is not suing the US Department of Justice for damages arising from his false arrest.
 
StatGuy2000 said:
I agree that it's disturbing that the investigators and prosecutors did not bother to obtain proper evidence or consult with experts in the field before pursuing charges against Dr. Xi. There are echoes here of the investigation of Wen Ho Lee years ago by the Justice Department.

https://en.wikipedia.org/wiki/Wen_Ho_Lee

I can also imagine that such an investigation could have a potential chilling effect on open collaboration with scientists outside of the US, as well as potentially closing the door to non-Americans from either pursuing graduate studies or pursuing opportunities in the US.

I have heard some pretty bad things from some international students on how they get treated. Clearly difficult for them to complain : not only does advisor have their future in his/her hands, but advisor also indirectly controls immigration status. Internationals don't know their rights, don't understand legal system, often don't even understand language well. Either be in good terms or go back to your country, tail between your legs, without a degree. Not much room for airing grievances under these conditions. Of course, similar issue for internationals in any country.
 
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