Fact-Check: Did President Joe Biden Pardon Chinese Spies?

On December 13, 2024, claims surfaced online alleging 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. The New York Post initially reported the story, stating that Biden’s clemency was part of a deal to secure the release of three Americans detained in China for years. This report has sparked widespread debate and criticism, with many questioning the implications of such a concession to Beijing.

The controversy comes as President Biden nears the end of his term, having issued nearly 1,500 pardons on Thursday, December 12. While the White House confirmed these pardons, officials clarified that they were not all related to the prisoner swap.

The Details of the Alleged Prisoner Swap

The individuals reportedly pardoned in the deal are Yanjun Xu and Ji Chaoqun, both convicted of espionage, and Shanlin Jin, convicted of possessing thousands of child pornography images. In exchange, the U.S. secured the release of three American citizens: Mark Swidan, Kai Li, and John Leung, who had been detained in China for years. The release of these Americans followed years of diplomatic negotiations between U.S. officials and their Chinese counterparts.

Who Were the Pardoned Individuals?

Yanjun Xu: Xu was a high-ranking Chinese intelligence officer convicted in November 2022 of conspiracy to commit economic espionage and trade secret theft. He was sentenced to 20 years in prison, becoming the first Chinese government officer to be extradited to the U.S. for trial. Xu’s charges stemmed from his attempts to steal sensitive information from U.S. aerospace companies.

Ji Chaoqun: Ji, a former U.S. Army reservist, was convicted of acting as an agent of a foreign government and making false statements to the U.S. Army. Ji had enlisted under the Military Accessions Vital to the National Interest program and was accused of working under Xu’s direction. He was sentenced to eight years in prison in January 2023.

Shanlin Jin: Jin, a doctoral student at Southern Methodist University, was convicted in 2021 of possessing over 47,000 child pornography images. His family reportedly has ties to the CCP. Jin was sentenced to 97 months in prison and five years of supervised release.

The American Detainees

The Americans released in the prisoner swap were:

  • Mark Swidan: A businessman detained in China since 2012 on charges of drug trafficking.

  • Kai Li: A U.S. citizen sentenced to 10 years in prison in 2016 on espionage charges.

  • John Leung: A longtime U.S. resident accused of spying for the U.S. and detained in 2021.

Their release marks a significant development after years of diplomatic efforts, including direct negotiations by the White House and State Department.

White House Response

While the Biden administration has confirmed the release of the three Americans, it has not disclosed the identities of the Chinese individuals pardoned as part of the exchange. A senior administration official told Politico that the deal was linked to a November 22 clemency roster, a connection later confirmed by outlets such as the Financial Times and the Washington Examiner.

President Biden’s clemency order for the three Chinese nationals listed their offenses and sentences:

  • Xu: Sentenced to 240 months in prison for economic espionage.

  • Ji: Sentenced to 96 months for acting as a foreign agent.

  • Jin: Sentenced to 97 months for possession of child pornography.

Political and Public Reaction

The clemency deals have drawn sharp criticism from various quarters. Critics argue that pardoning individuals convicted of espionage and heinous crimes such as child pornography sets a dangerous precedent. Others have questioned whether the trade-off was in the national interest, especially given the ongoing tensions between the U.S. and China.

On the other hand, supporters of the administration argue that securing the release of wrongfully detained Americans was a significant achievement. Hostage diplomacy has become a contentious issue in recent years, with multiple countries using detained foreign nationals as bargaining chips.

Biden’s Record on Clemency

The Biden administration has negotiated several high-profile prisoner swaps over the past four years, including agreements with Russia, Venezuela, and Afghanistan. These deals have often been framed as efforts to bring wrongfully detained Americans home, but they have also sparked debates about their broader geopolitical implications.

Notably, Biden’s decision to grant clemency to 1,500 individuals in December 2024 has made him one of the most active presidents in terms of pardons. Among those pardoned were nonviolent offenders, individuals who had served lengthy sentences, and those convicted under outdated laws. The inclusion of high-profile Chinese nationals in this list, however, has added a layer of controversy.

Broader Implications

This latest controversy underscores the complexities of hostage diplomacy and the challenges of balancing national security with humanitarian concerns. The pardons also highlight the broader tensions in U.S.-China relations, which have been marked by trade disputes, military confrontations, and ideological differences.

Critics worry that such deals may embolden adversaries to detain Americans as leverage in future negotiations. Supporters, however, argue that bringing Americans home should remain a top priority, regardless of the compromises required.

Fact-Check Conclusion

The claim that President Joe Biden pardoned Chinese spies as part of a prisoner swap is accurate. Official records from the Department of Justice confirm that Yanjun Xu, Ji Chaoqun, and Shanlin Jin were granted clemency on November 22, 2024. This move was part of a broader negotiation that secured the release of three Americans detained in China.

While the decision has sparked heated debates, it reflects the ongoing complexities of international diplomacy and the ethical dilemmas involved in addressing hostage situations.


Keywords: Joe Biden pardons, Chinese spies, U.S.-China prisoner swap, Yanjun Xu, Ji Chaoqun, Shanlin Jin, American detainees in China, Mark Swidan, hostage diplomacy, Biden clemency controversy, U.S.-China relations, espionage charges, international diplomacy.

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