A claim that President Joe Biden pardoned two high-ranking Chinese spies and a relative of a Chinese Communist Party (CCP) official as part of a prisoner swap with China emerged online, sparking controversy over the president’s latest round of pardons issued just days before leaving office next month.
The story, first reported by the New York Post on December 13, alleged that the clemency deal secured the release of three Americans who had been detained in China for years. The report triggered widespread debate and criticism, with some viewing it as a significant concession to Beijing.
News of Biden’s clemency for the Chinese nationals gained further attention after the White House said he had pardoned nearly 1,500 people on Thursday. However, the pardons announced yesterday were unrelated to the prisoner swap deal.
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The Claim
Biden pardoned two high-ranking Chinese spies and a relative of a top CCP official who was convicted on child pornography charges as part of a prisoner swap with China.
The individuals pardoned were identified as Yanjun Xu and Ji Chaoqun, both convicted of espionage, and Shanlin Jin, convicted of possessing over 47,000 images of child pornography while a doctoral student at Southern Methodist University in Dallas in 2021, according to the Post.
In exchange, multiple media outlets reported in late November that the U.S. secured the release of Mark Swidan, Kai Li, and John Leung. Their release was the result of years of negotiations between White House and State Department officials and their Chinese counterparts, according to administration officials. The New York Times, Politico, and the BBC confirmed that the release of the three Americans was part of a hostage deal.
The Facts
A Newsweek review of Department of Justice (DOJ) disclosures confirmed that Xu, Ji, and Jin were listed on the clemency roster, with clemency granted on November 22, 2024.
Xu was convicted of conspiracy to commit economic espionage, conspiracy to commit trade secret theft, attempted economic espionage, and attempted trade secret theft. He was sentenced in November 2022 to 20 years in prison and was the first Chinese government officer to be extradited to the U.S. for trial.
According to official records, Xu’s sentence of 240 months’ imprisonment and a $400 special assessment was imposed on November 16, 2022. He had been continuously confined since his arrest on April 1, 2018.
Department of Justice
The second spy, Ji, was convicted of conspiracy to act as an agent of a foreign government, acting as an agent of a foreign government, and making a material false statement to the U.S. Army. His handler was Xu.
Ji was sentenced to eight years in prison in January 2023. According to the DOJ, he enlisted in the U.S. Army Reserves under the Military Accessions Vital to the National Interest program, falsely claiming he had no contact with a foreign government within the past seven years.”
His sentence of 96 months’ imprisonment and a $300 special assessment was imposed on January 25, 2023. He had been continuously confined since his arrest in 2018.
Jin, a doctoral student at Southern Methodist University, was convicted of child pornography charges in 2021. Authorities found over 47,000 images and videos on his computer, according to The Dallas Morning News. The newspaper reported that Jin’s family has ties to the CCP.
His sentence included 97 months’ imprisonment, five years of supervised release, restitution of $30,500, forfeiture of specific property, and a $100 special assessment. His sentence was imposed on July 14 and 19, 2022. Jin had been continuously confined since his arrest on January 24, 2021.
Department of Justice
While the Biden administration announced the release of the three Americans, it did not disclose the identities of the released Chinese citizens. However, a senior administration official told Politico that the deal was connected to the November 22 hostage exchange. This connection was later confirmed by the Financial Times and the Washington Examiner.
Over the past four years the Biden administration has negotiated several high-profile hostage deals, including agreements with Russia, Venezuela, and Afghanistan to secure the release of detained Americans.
The Ruling
True. Available evidence confirms that Biden pardoned two Chinese spies and a relative of a CCP official. While there is no official confirmation that their release was explicitly tied to the prisoner swap, DOJ documents verify that all three individuals were granted clemency by the president.
FACT CHECK BY NEWSWEEK
