US swaps prisoners with China, releasing 3 convicted spies

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Biden commutes nearly 1,500 sentences, pardons 39

Fox News' Brooke Singman provides details on President Biden's record-setting act of clemency.

Two Chinese spies and a Chinese national who was charged for disseminating child pornography were part of a White House prisoner swap as Biden's presidency nears the end.

On Nov. 22, Biden granted clemency to Yanjun Xu, Ji Chaoqun and Shanlin Jin. 

Their releases were part of a prisoner swap that returned three wrongfully detained Americans from Chinese custody: Mark Swidan, Kai Li, and John Leung. 

The three Americans returned to the U.S. before Thanksgiving.

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Mark Swidan was arrested in China in 2012 on drug charges the U.N. says aren't legitimate. (Mark Swidan Family)

Harrison Li holds a photo of his father, Kai Li, in Palo Alto, Calif., in January. (AP/Jeff Chiu)

Xu and Chaoqun were both Chinese nationals who were convicted of espionage in the U.S. 

Xu, according to a release from the Department of Justice, was the first Chinese government intelligence officer ever to be extradited to the United States to stand trial and was sentenced to 20 years.

According to court documents, Xu targeted American aviation companies, recruited employees to travel to China, and solicited their proprietary information, all on behalf of the government of the People’s Republic of China (PRC).

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In one example, noted in court documents, Xu attempted to steal technology related to GE Aviation’s exclusive composite aircraft engine fan module – which no other company in the world has been able to duplicate – to benefit the Chinese state.

The Department of Justice said that Xu openly discussed his effort to steal U.S. military information in addition to commercial aviation trade secrets.

Yanjun Xu, the first Chinese spy extradited to the US for trial, was convicted in 2021 on counts of conspiring and attempting to commit economic espionage and trade secret theft. (U.S. District Court)

A federal jury in Chicago in September 2023 convicted Ji Chaoqun, 31, of conspiracy to act as an agent of China's Ministry of State Security without notifying the U.S. attorney general, acting as a spy in the U.S., and lying on a government form about his contacts with foreign agencies. (Fox 32)

Chaoqun was arrested and convicted after working with Xu on behalf of the CCP.

The federal agency said that Xu recruited and "handled" Chaoqun, who was stationed in Chicago during the duration of the scheme.

The DOJ said that Xu directed Chaoqun to collect "biographical information on people to potentially recruit to work with them."

"Xu’s handling and placement of a spy within the United States to obtain information regarding aviation technology and employees is yet another facet of Xu’s egregious crimes towards the United States and further justifies the significant sentence of imprisonment he received today," said U.S. Attorney Parker at the time of the pair's conviction.

Jin was serving his sentence after being convicted of possessing more than 47,000 images of child pornography while a doctoral student at Southern Methodist University in Dallas in 2021.

President Joe Biden delivers remarks on the latest developments in Syria from the Roosevelt Room of the White House on December 8, 2024, in Washington, DC.? (Pete Marovich/Getty Images)

Biden commuted on Thursday the sentences of 1,499 people. He is also pardoning 39 individuals who were convicted of non-violent crimes.

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President-elect Trump is set to take office in a little over a month, on January 20. He has said that he will immediately pardon people convicted of participating in the January 6, 2021, riot in the U.S. Capitol.