Exculpatory Evidence: Is Miles Guo Being Denied Due Process?

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by Kelly John Walker

The “fox hunt” for prominent Chinese dissident, Mr. Miles Guo reads like a Cold War-era spy novel. Indeed, the U.S. is in a high-stakes cold war against the Chinese Communist Party (CCP) with the tendrils of their malign influence pervading our legal system like a cancer. That infiltration raises the question as to whether or not some defendants are being denied due process or have instead become victims of the CCP’s “lawfare” strategy.

U.S. law operates on a presumption of innocence until proven guilty—at least, it is supposed to—and Brady v. Maryland 373 U.S. 83, 87-88 (1963) obligates the government to provide any evidence that may be exculpatory or reasonably lead to the discovery of exculpatory evidence. The importance of these two principles cannot be overstated, and they are essential for protecting human rights and upholding due diligence to avoid false or unjust verdicts.

Why, in light of these foundational legal principles, is prominent anti-CCP dissident Mr. Miles Guo being held in custody without bail and without due process? Has the CCP exercised undue influence and pressure on the DOJ? Are there conflicts of interest and bias in the prosecution of Guo?

Compelling evidence suggests dereliction of due process by the DOJ. Corey R. Amundson, Public Integrity Section Chief for the Criminal Division of the DOJ, in a court document dated March 18, 2023, begins by admitting, “In 2017, the government of the People’s Republic of China (“PRC”) worked for months through multiple channels to convince the United States to deport Guo Wengui, a Chinese national and vocal critic of the PRC government seeking refuge in the United States.” The document is a DOJ response against Prakazrel Michel who faces charges of acting on behalf of the CCP as an unregistered foreign agent. Amundson continues, “What matters is whether the defendant (Michel) agreed to operate subject to the control of the PRC government…”

What is most troubling is that FBI agent Andrew Zitman met with Michel “multiple times in June 2017,” and that Michel went back to the CCP to gather tape recordings “at Zitman’s request” (Case 1:19-cr-00148-CKK, Doc. 230, filed 03/19/23). Yet it was ostensibly Zitman who was behind the March 15, 2023 arrest of Guo, based on “a twelve-count indictment unsealed in the United States District Court for the Southern District of New York charging Guo…”

A Minute Order signed by Judge Colleen Kollar-Kotelly on March 20, 2023 regarding the Prakazerl Michel matter indicates the Court’s concern in this matter:

“The Court has completed its initial review of Defendant’s [Michel’s] Reply to Government’s Response in Opposition to Motion for Trial Continuance. As Defendant rightly notes, Brady requires the prosecution to ‘learn of any favorable evidence known to [all] others acting on the government’s behalf in the case, including the police [and federal law enforcement].’ See Kyles v. Whitley, 514 U.S. 419, 437 (1995). It appears from Defendant’s reply that the Government may not have taken as broad a view of its duty of discovery as is required, and that at least one FBI agent, Andrew Zitman, may have worked on both the New York Guo Case and this matter. As such, in advance of the hearing set for tomorrow, March 20, 2023, the Government shall determine whether Agent Zitman worked on the investigation leading to the New York Guo Case in addition to this case. Additionally, the Government shall determine whether any of the other case or investigatory agents who worked on this case also worked on the investigation leading to the New York Guo Case. The Government shall be prepared to discuss with specificity the steps it took to inquire of those agents as to exculpatory material related to Defendant and Guo.”

At this point, Mr. Guo should be released until such time as he receives a fair trial, and the DOJ must investigate: 1) Whether Guo was given all exculpatory evidence as required by law, 2) Whether the CCP or agents thereof continue to be involved in influencing Guo’s prosecution (the prosecution has already admitted that they are “working with China”), 3) Whether or not Zitman acted improperly in working with unregistered agents, and 4) Whether or not Zitman should be recused from further involvement.

Until these concerns are addressed, the arrest and incarceration of Mr. Miles Guo are not justifiable, nor do they afford due process. The innocence or guilt of Guo is not the issue prior to any trial, but the integrity of our nation’s Rule of Law is seriously compromised…and that is a very serious issue that must be addressed. Congress must investigate this matter, and others like it, in the context of the infiltration of the DOJ by the CCP.

Till then, Chinese nationals who have fled the despotism of the CCP are feeling that America is becoming very much like the tyranny they moved here to escape.

About the Author: Kelly John Walker is an American statesman, writer, branding professional, and entrepreneur. He is the founder of FreedomTalk, host of FreedomTalk TV, and a freelance writer.

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