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US swaps prisoners with China, releasing 3 convicted spies

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.

CHINA DENIES NEW REPORRT LINKING CCP TO FOUR SITES IN CUBA ALLEGEDLY USED TO SPY ON THE US

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.

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.

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

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.

Federal judge accuses President Biden of attempting to 'rewrite history' in Hunter Biden pardon

The federal judge overseeing Hunter Biden’s tax case issued a sharp rebuke of President Biden's claim that his son was unfairly treated as well as the president's delivery method following the president's last-minute pardon.

U.S. District Judge Mark Scarsi, who is based in the Central District of California and was nominated by President-elect Trump, accused President Biden in a scathing five-page order of "rewriting history" with the pardon and suggested that the breadth of the pardon granted to his son is unconstitutional.

"The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, but nowhere does the Constitution give the President the authority to rewrite history," he wrote.

BIDEN PARDONS SON HUNTER BIDEN AHEAD OF EXIT FROM OVAL OFFICE

The judge voiced his displeasure that the president alerted the judicial system of his order to pardon his son via a White House press release.

"Rather than providing a true and correct copy of the pardon with the notice, Mr. Biden provided a hyperlink to a White House press release presenting a statement by the President regarding the pardon and the purported text of the pardon," he wrote.

"In short, a press release is not a pardon," he continued.

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Scarsi continued, reacting to the president's statement on his son's tax case: "the President asserts that Mr. Biden ‘was treated differently’ from others ‘who were late paying their taxes because of serious addictions,’ implying that Mr. Biden was among those individuals who untimely paid taxes due to addiction. But he is not."

"According to the President, ‘[n]o reasonable person who looks at the facts of [Mr. Biden’s] cases can reach any other conclusion than [Mr. Biden] was singled out only because he is [the President’s] son.’ But two federal judges expressly rejected Biden’s arguments that the Government prosecuted Mr. Biden because of his familial relation to the President. And the President’s own Attorney General and Department of Justice personnel oversaw the investigation leading to the charges," Scarsi wrote.

2 TIMES BIDEN SAID HE WOULD NOT PARDON SON HUNTER BIDEN 

"In the President’s estimation, this legion of federal civil servants, the undersigned included, are unreasonable people," he said.

The judge said he would dispose of the case once he receives the official pardon from "the appropriate executive agency." 

He also vacated Hunter Biden’s sentencing, which was scheduled for Dec. 16.  The charges carried up to 17 years behind bars, but the first son would likely have faced a much shorter sentence under federal sentencing guidelines.

TRUMP PREVIOUSLY PREDICTED BIDEN WOULD PARDON SON HUNTER

"Subject to the following discussion, the Court assumes the pardon is effective and will dispose of the case. The Supreme Court long has recognized that, notwithstanding its nearly unlimited nature, the pardon power extends only to past offenses," he wrote.

Hunter Biden, 54, has had a busy year in court, kicking off his first trial in Delaware in June, when he faced three felony firearm offenses, before he pleaded guilty in a separate felony tax case in September. 

President Biden pardoning his son is a departure from his previous remarks to the media over the summer when he insisted he would not pardon the first son.

"Yes," President Biden told ABC News when asked if he would rule out pardoning Hunter ahead of his guilty verdict in the gun case. 

Days later, following a jury of Hunter’s peers finding him guilty of three felony firearm offenses, the president again said he would not pardon his son. 

"I am not going to do anything," Biden said after Hunter was convicted. "I will abide by the jury’s decision."

Fox News Digital has reached out to the White House for comment. 

Fox News Digital's Emma Colton and Andrea Margolis contributed to this report.

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