The Volokh Conspiracy
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Conviction for Threatening (in the U.S.) Supporter of Democracy in China
From yesterday's Justice Department press release:
A Berklee College of Music student, who is a citizen of the People's Republic of China (PRC), was convicted by a federal jury in Boston today of stalking and threatening an individual who posted fliers in support of democracy in China around the Berklee campus area.
Xiaolei Wu, 26, was convicted following a four-day jury trial of one count of cyberstalking and one count of interstate transmissions of threatening communication. U.S. District Court Judge Denise J. Casper scheduled sentencing for April 24, 2024. Wu was arrested and charged by criminal complaint in December 2022 and subsequently indicted by a federal grand jury in January 2023….
On Oct. 22, 2022, while Wu was attending the Berklee College of Music, an individual posted a flier on or near the Berklee College of Music campus which said, "Stand with Chinese People," as well as, "We Want Freedom," and "We Want Democracy." Beginning on or about Oct. 22, 2022, and continuing until Oct. 24, 2022, Wu made a series of communications via WeChat, email and Instagram directed towards the victim who posted the flier. Among other things, Wu said, "Post more, I will chop your bastard hands off." He also told the victim that he had informed the public security agency in China about the victim's actions and that the public security agency in China would "greet" the victim's family. Additionally, Wu solicited others to find out where the victim was living, publicly posted the victim's email address in the hopes that others would abuse the victim online, and he reported the victim's information back to a member of the Chinese government….
You can also read the FBI agent's affidavit describing the facts as the government alleged them to be. An excerpt:
12. On or about October 22, 2022, at approximately 10:48 pm, after Individual 1 had posted the photograph of the flier to Instagram, WU posted in Berklee Class of 2024 WeChat group. At the time, the group had over 300 members, including Individual 1. WU's posts were in Chinese. A translation of WU's posts indicates that he said the following:
@[Individual 1] don't you fucking post reactionary posters
Fucking tear [tore] all of them you bastard
You go to post them at Tian'anmen Square
Post more, I will chop your bastard hand(s) off
…
Let barklee [sic] bite your hand(s) off
Not killed by pandemic but about to be killed by Public Security
[image of law enforcement personnel]13. On October 23, 2022, at approximately 1:54 am, WU posted another message to the Berklee Class of 2024 WeChat group, in which he said the following:
I already called the tipoff line in the country, the public security
agency will go greet your family.
