Xi v. United States – Challenge to Warrantless Surveillance
What's at Stake
The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and it surveillance methods as well as its discriminatory targeting of Chinese-American scientists.
Summary
In May 2015, FBI agents came into Xi’s house with guns drawn and led him away in handcuffs in front of his wife and daughters. The government accused Xi of sharing information about a superconductor device known as a “pocket heater,” relying on email exchanges between Xi and scientific colleagues in China that the FBI had obtained. The government claimed that those communications violated a legal agreement Xi had signed with the company that owned the pocket heater in which he had agreed not to share the technology.
The intercepted emails, however, were not about the pocket heater, but concerned a different kind of superconductor technology that has been public for years. In September 2015, prosecutors were forced to drop the charges. But the damage to Xi and his family was already significant. As a result of the charges, Xi was placed on administrative leave, suspended from his position as the interim chair of the Temple Physics Department, denied access to his lab and the graduate students working under his supervision, and had to pay substantial legal fees to defend himself.
The government spied on Xi using orders issued under the Foreign Intelligence Surveillance Act, which is intended for spying on foreign agents. As the complaint alleges, he was also spied on without any court order under Section 702 of FISA and Executive Order 12333, both of which are used by the government to conduct warrantless surveillance of international communications, including those of Americans.
The government has engaged in extensive warrantless surveillance of Chinese universities and scientific research centers. It has siphoned communications off servers, computers, and major internet networks that connect many of China’s most prestigious academic institutions. Both the NSA and FBI routinely store the emails and phone calls they intercept in government databases for years, where they can be later searched by analysts and agents who are investigating Americans. FBI agents conduct so-called “backdoor searches” on Americans so often that the government has referred to one of these massive databases as the “.”
The FBI’s conduct in Xi’s case and others suggests that the government has been targeting Chinese-Americans because of their race or ethnicity. Xi’s case is one of three espionage-related prosecutions of Chinese-American scientists in a 10-month period in which the government abandoned the case before trial. The others include the dismissal of charges against Sherry Chen, a hydrologist with the U.S. National Weather Service in Ohio in March 2015, and Guoqing Cao and Shuyu Li, senior biologists at Eli Lilly & Company in December 2014.
In May 2017, Xi filed a lawsuit against the lead FBI agent in the case, Andrew Haugen, and other agents, alleging that they made knowingly or recklessly false statements in support of the investigation and prosecution. Xi’s wife and oldest daughter later joined the case. The ACLU joined the case in October 2017. The lawsuit asks the court to award damages and to declare that the defendants violated the plaintiffs’ Fourth and Fifth Amendment rights. It also asks the court to order the government to return or delete any of the Xis’ communications that it obtained during the investigation.
In April 2021, the district court dismissed nine of the ten claims in the complaint. The Xis’ appeal of that decision is pending.
The dangers of giving the government such sweeping surveillance powers are real and unmistakable. This case is a glaring example of an innocent American’s privacy rights being grossly violated, with disastrous consequences for Xi and his family.
Legal Documents
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05/24/2023
Opinion -
09/30/2022
Transcript of Oral Arugment -
09/09/2022
Plaintiffs' Letter Regarding 9th Circuit Decision in Myles v. United States -
09/08/2022
Plaintiffs' Letter Regarding 7th Circuit Decision in Greenpoint Tactical Income Fund LLC v. Pettigrew -
06/15/2022
Government's Letter Regarding Supreme Court Decision in Egbert v. Boule -
05/27/2022
Plaintiffs' Reply Brief -
04/08/2022
Government Response Brief -
02/14/2022
Asian Americans Advancing Justice et al.'s Amicus Brief in Support of Plaintiffs -
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Appendix
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAppendixCourt: Appeals Court (3d Cir.)
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02/14/2022
American Physical Society et al.'s Amicus Brief in Support of Plaintiffs -
02/11/2022
Institute for Justice's Amicus Brief in Support of Plaintiffs -
02/07/2022
Plaintiffs' Opening Brief -
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Appendix Vol. 1 -
Appendix Vol. 2
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAppendix Vol. 1Court: Appeals Court (3d Cir.)
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAppendix Vol. 2Court: Appeals Court (3d Cir.)
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Date Filed: 05/24/2023
Court: Appeals Court (3d Cir.)
Date Filed: 09/30/2022
Court: Appeals Court (3d Cir.)
Date Filed: 09/09/2022
Court: Appeals Court (3d Cir.)
Date Filed: 09/08/2022
Court: Appeals Court (3d Cir.)
Date Filed: 06/15/2022
Court: Appeals Court (3d Cir.)
Date Filed: 05/27/2022
Court: Appeals Court (3d Cir.)
Date Filed: 04/08/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/14/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/14/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/11/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/07/2022
Court: Appeals Court (3d Cir.)
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09/24/2021
Plaintiffs' Notice of Appeal -
09/17/2021
Order Re. Final Judgment -
09/17/2021
Plaintiffs' Unopposed Motion to Certify Judgment -
04/01/2021
Memorandum Re. Court Granting Government's Motion to Dismiss -
04/01/2021
Order Granting Government's Motion to Dismiss -
03/12/2020
Government's Reply in Support of Motion to Strike -
03/12/2020
Plaintiffs' Response in Opposition to Motion to Strike -
03/04/2020
Order re Response to Government's Motion to Strike -
02/20/2020
Government's Motion to Strike Plaintiffs' Supplemental Authority -
02/06/2020
Plaintiffs' Notice of Supplemental Authority - Department of Justice OIG Report -
03/21/2019
Government's Response to Plaintiffs' Notice of Supplemental Authority -
03/14/2019
Plaintiffs' Notice of Supplemental Authority - Opinion in Fazaga v. FBI (9th Cir.) -
08/30/2018
Government's Response to Plaintiffs' Notice of Supplemental Authority -
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Lanuza v. Love (9th Cir.)
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsLanuza v. Love (9th Cir.)Court: District Court (E.D. Pa.)
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08/27/2018
Plaintiffs' Notice of Supplemental Authority - Opinions in Rodriguez v. Schwartz and Lanuza v. Love (9th Cir.) -
05/22/2018
Government's Reply in Further Support of Motion to Dismiss -
05/22/2018
Government's Response in Support of Motion to Dismiss for Failure to State a Claim -
05/22/2018
Government's Response in Support of Motion to Dismiss for Lack of Jurisdiction & Failure to State a Claim -
05/18/2018
Plaintiffs' Notice of Supplemental Authority -
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Alasaad v. Nielsen (D. Mass.)
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAlasaad v. Nielsen (D. Mass.)Court: District Court (E.D. Pa.)
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05/17/2018
Stipulation & Order Instructing Defendants to Answer Amended Complaint -
04/09/2018
Plaintiffs' Opposition to Government's Motion to Dismiss -
04/09/2018
Plaintiffs' Opposition to Motion to Dismiss for Lack of Jurisdiction & Failure to State a Claim -
02/02/2018
Government's Motion to Dismiss -
01/25/2018
Order Granting Withdrawal of Motion to Stay -
01/23/2018
Defendant Haugen's Motion to Dismiss for Failure to State a Claim -
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Exhibit 1 -
Proposed Order
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsExhibit 1Court: District Court (E.D. Pa.)
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsProposed OrderCourt: District Court (E.D. Pa.)
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01/23/2018
Government's Motion to Dismiss Plaintiffs' Common Law Claims Against it in Plaintiffs' Second Amended Complaint -
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01/23/2018
Proposed Order
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsProposed OrderDate Filed: 01/23/2018
Court: District Court (E.D. Pa.)
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01/23/2018
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01/23/2018
Government's Withdrawal of Motion to Stay -
01/22/2018
Government's Motion for a Stay in Light of Lapse of Appropriations -
11/01/2017
Order Dismissing Government's Motion to Dismiss -
11/01/2017
Plaintiffs' Second Amended Complaint -
10/31/2017
Order Granting Plaintiffs' Motion to File Second Amended Complaint -
10/31/2017
Plaintiffs' Second Unopposed Motion for Leave to Amend the Complaint -
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Second Amended Complaint
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsSecond Amended ComplaintCourt: District Court (E.D. Pa.)
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09/25/2017
Defendant Haugen's Motion to Dismiss Plaintiffs' Constitutional Claims -
09/25/2017
Government's Motion to Dismiss Plaintiffs' Common Law Claims -
07/07/2017
First Amended Complaint -
05/10/2017
Complaint
Date Filed: 09/24/2021
Court: District Court (E.D. Pa.)
Date Filed: 09/17/2021
Court: District Court (E.D. Pa.)
Date Filed: 09/17/2021
Court: District Court (E.D. Pa.)
Date Filed: 04/01/2021
Court: District Court (E.D. Pa.)
Date Filed: 04/01/2021
Court: District Court (E.D. Pa.)
Date Filed: 03/12/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/12/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/04/2020
Court: District Court (E.D. Pa.)
Date Filed: 02/20/2020
Court: District Court (E.D. Pa.)
Date Filed: 02/06/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/21/2019
Court: District Court (E.D. Pa.)
Date Filed: 03/14/2019
Court: District Court (E.D. Pa.)
Date Filed: 08/30/2018
Court: District Court (E.D. Pa.)
Date Filed: 08/27/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/18/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/17/2018
Court: District Court (E.D. Pa.)
Date Filed: 04/09/2018
Court: District Court (E.D. Pa.)
Date Filed: 04/09/2018
Court: District Court (E.D. Pa.)
Date Filed: 02/02/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/25/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 11/01/2017
Court: District Court (E.D. Pa.)
Date Filed: 11/01/2017
Court: District Court (E.D. Pa.)
Date Filed: 10/31/2017
Court: District Court (E.D. Pa.)
Date Filed: 10/31/2017
Court: District Court (E.D. Pa.)
Date Filed: 09/25/2017
Court: District Court (E.D. Pa.)
Date Filed: 09/25/2017
Court: District Court (E.D. Pa.)
Date Filed: 07/07/2017
Court: District Court (E.D. Pa.)
Date Filed: 05/10/2017
Court: District Court (E.D. Pa.)
Press Releases
ACLU Applauds Court For Allowing Case Challenging FBI’s Wrongful Prosecution of Chinese American Physics Professor To Move Forward
Chinese American Professor, Falsely Painted As A Spy For China, Moves Forward With Appeal Against FBI
Federal Court Dismisses Claims in Chinese American Professor’s Lawsuit Challenging FBI’s Baseless Arrest and Prosecution
ACLU Joins Professor’s Lawsuit Against FBI for Baseless Arrest and Illegal Spying