不过还是好奇怎么跑去军方的地方了
因为是大晚上（光污染二级的地方）拍流星雨，也看不见任何警戒线
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看完瑟瑟发抖，看来真的是不能摸黑到处乱走
文章中也有一个人说去看流星。还有当时说“media”，我倾向于是描述不是很准确，而不是“说谎”。
文章中还说了，在某个人的硬盘里，发现了当天晚上拍军车的照片。这个有什么问题？如果我路上恰巧看到了，我也会拍。湾区整天飞军机，难道每个拍照的外国人都是间谍？？
这么说吧，所谓的军车照片只是长曝的星空图的地景里有军车轮廓，并不是对着拍的
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我们学校上空天天有军机飞过……是不是不能拍？以前拍的是不是得删掉？
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https://www.courtlistener.com/docket/69217975/1/united-states-v-xu/
读了起诉书，应该是真的去看流星雨的。
During the early morning hours of August 13,2023, between approximately 12:30 AM and 1:00 AM
这个时间是英仙座流星雨极大日
（ https://www.imo.net/members/imo_live_shower?shower=PER&year=2023 ）
事件过程摘要
EXECUTIVE SUMMARY
4. During the early morning hours of August 13,2023, between approximately 12:30 AM and 1:00 AM, the SUBJECTS were found at a boat launch on Bear Lake at Camp Grayling, a military installation, in Grayling, Michigan (the “Grayling Military Installation”). This encounter happened during Northern Strike, one of the largest U.S. National Guard training exercises held in the United States, which included U.S. military personnel from across the United States and, in August 2023, members of the Taiwanese military. The SUBJECTS were encountered by an active and uniformed member of the Utah National Guard, a Sergeant Major (the “SGM”), while standing in close proximity to numerous military vehicles, tents, and classified communications equipment. The SUBJECTS had cameras and told the SGM they were taking pictures. The SUBJECTS quickly departed the area after being directed to leave by the SGM and checked into a Super 8 motel also located in Grayling, Michigan.
5. A December 2023 border search of GUAN’s digital media showed photographs of the Grayling Military Installation, including military vehicles and other equipment. The device data showed that the photographs had been taken during the time that live firing exercises were taking place, approximately two hours before the SGM encountered the SUBJECTS. GUAN, who was interviewed in December 2023 by U.S. Customs and Border Protection (CBP) (“GUAN’s December interview”), did not mention the encounter with the SGM at all and denied ever having any interaction with the U.S. military.
6. In March 2024, the FBI interviewed the other SUBJECTS-XU, ZHU, LIANG, and TAO (the “March Interviews”). These SUBJECTS each confirmed that a man had approached them while they were at the campground supposedly taking pictures of the stars and that GUAN was with them when it happened. ZHU and TAO each referred to this man as “the soldier.” XU and LIANG described the man as a camper, or simply a “nice guy,” or friendly. Neither XU, ZHU, LIANG, nor TAO said that the man had told them to leave. All four claimed they left the area on their own. XU, ZHU, LIANG, and TAO also claimed that the stop at Bear Lake and the decision to check into a Super 8 Motel after the encounter with the SGM were not preplanned in any way. Instead, they claimed these decisions were hasty and random, and each of XU, ZHU, LIANG, and TAO insisted that the Super 8 Motel was reserved after the encounter with the SGM. But, Super 8 Motel records reviewed by the FBI showed that XU reserved a room at the motel on August 4,2023, approximately a week before the encounter at the Grayling Military Installation. An interview with XU’s roommate and WeChat messages found on the SUBJECTS’ electronic devices revealed that they had discussed their encounter with the soldier and the fact that there was a military base in Grayling.
7. Based on the months that passed between GUAN’s December interview and the March interviews, the content of the accounts given and the nervous demeanor of the SUBJECTS during the March interviews, and the content of WeChat messages found on the SUBJECTS’ electronic devices, the SUBJECTS appear to have coordinated their statements regarding the incident and discussed the deletion of photos from their electronic devices to prevent them being seen by law enforcement.
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起诉书称为“notable discrepancies and conflicts with one another”的内容
亮点：
- 小红书
- 孩子把军演当烟火了
a. Method of finding the campground/Bear Lake: XU, TAO, and ZHU said they found Bear Lake by using Google Maps. XU said they searched for campgrounds in Google Maps and picked the first one that came up. TAO said they looked in Google Maps for a place close by and near a body of water. ZHU said they used Google Maps to find a place nearby with no light pollution. LIANG said that the group drove away from the gas station until they reached a campground, which he knew was a campground because he saw RVs. A search for campgrounds in Google Maps conducted on March 14, 2024, revealed no marked campground around Bear Lake. Results yielded several state-run campgrounds nearby such as Jones Lake Forest State Campground (approximately 2.5 miles from Bear Lake) and Hartwick Pines State Park Campground (approximately 7 miles away).
b. Encounter with the SGM: XU, ZHU, LIANG, and TAO all acknowledged that a man had approached them while they were taking pictures of the stars at the campground. ZHU and TAO referred to this man as “the soldier,” while XU and LIANG described him as a camper or simply a “nice guy” who seemed friendly. None of them said the man had told them to leave. All claimed they left the area on their own. TAO said the soldier was wearing a uniform and told them he was camping. TAO also said that he was so shaken up by this experience with the soldier that he wrote a post about it on a Chinese social media site similar to Instagram (translated to “Little Red Book”) after the trip. This post included a Google Map screenshot of Bear Lake and some photos he had taken at Bear Lake. TAO said that he removed this post around December 2023 at his mother’s suggestion that it was not a good idea to post military-related things. He said that he discussed being scared by the soldier with the group, that they thought they were in trouble, and that they told some of their close friends about the encounter.
c. Direction of Cameras and Sharing of Photos: TAO said they initially trained their cameras away from the lake, to the north (where the military vehicles, tents/structures, and equipment were located) but realized the photos were not very good and therefore turned the cameras around to face the lake to the south. LIANG said no one took photos facing the forest to the north. XU said that he only focused his camera on the lake and sky and that they didn’t look at each other’s photos afterward. LIANG said that they looked at each other’s photos on one another’s cameras afterward and that everyone took photos facing the lake.
d. Live Firing Exercises: ZHU said he saw no indication of military activity other than the one soldier, which he did not find to be interesting. TAO described hearing loud sounds like hunting or fireworks to the north accompanied by bright lights. XU also described seeing fireworks-like lights. LIANG said he heard very loud fireworks and bright light and that he thought people were celebrating something.
e. Time Spent at Bear Lake: XU said they were at the campground for 2 hours. TAO said they were there for several hours. LIANG said they were there for 20 minutes. ZHU said they were there for about half an hour.
f. Presence of Other People and Vehicles: LIANG said that he saw people camping in tents and RVs at the campground. XU, ZHU, and TAO denied seeing anyone other than the soldier/nice man they encountered. XU said that he saw no vehicles, and ZHU said that he saw no military vehicles. TAO said they saw some lights, potentially belonging to another car, at the other end of the campground, but they did not see any military vehicles or equipment.
g. Planning of the Trip: XU, TAO, and LIANG said that no one person had planned the trip or made the decisions about where to go; rather, they said all decisions were made as a group. ZHU said that TAO was the one making the decision about where to go; upon being confronted with this statement, TAO said ZHU probably said that because TAO was the one with applications for checking weather and sky conditions, which they used to guide their trip, on his phone.
h. Guan’s Absence from the Iceland Trip: According to CBP records and FBI interviews with the SUBJECTS, GUAN was supposed to go on the trip to Iceland with XU, TAO, LIANG, and ZHU but did not. XU said that GUAN did not go on the trip because GUAN had an interview for a PhD program. LIANG said that GUAN did not go to Iceland because he did not want to get “checked” by CBP again. ZHU said that GUAN did not go to Iceland because he did not have his camera (potentially the GoPro camera detained by CBP in December 2023).
我也记得得等入境之后有才法律保护和请律师的权利，如果这个说法成立，alien入境之前是不是不收fifth amendment 保护？ 当然还是可以拒绝回答问题被拒绝入境，之后再打官司。
拒绝入境（无论是通过withdrawal of application for admission还是 expedited removal）无法被司法复核。
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美国这是疯了吗。。这新闻读起来可笑又可悲
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入境之前也受Fifth amendment保护（比如你可以拒绝给CBP解锁手机，“take the Fifth”之后CBP不能再问话），但是CBP有拒绝non-LPR入境的兜底权力且无需司法复核。
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检察官的一面之词 看看就好
指控的罪名：
- 18 U.S.C. § 1001 (false statements)
- 18 U.S.C. § 1519 (destruction, alteration, or falsification of records in federal investigations).
点评：
- Don’t talk to the police
- Don’t talk to the police
- 你说的每一句话都会成为呈堂证供
- 酒店哪天订的说错了的话违反 18 U.S.C. § 1001 哦
- Don’t talk to the police
- 以及，过CBP前删照片删微信涉嫌违反18 U.S.C. § 1519 哦
指控的内容：
- Super 8 motel records show that on August 4,2023, more than a week before the SGM encountered the SUBJECTS at Bear Lake, XU booked a room at the Super 8 in Grayling for August 12,2023. On March 15,2024, after the interviews with XU, LIANG, ZHU, and TAO, the manager of the Super 8 motel in Grayling verified the accuracy of the hotel’s records and confirmed that XU reserved the room on August 4, 2023. During their FBI interviews, XU, LIANG, TAO, and ZHU all insisted that no advance reservation was made for the room at the motel. XU, LIANG, TAO, and ZHU each said that XU called the motel to make the reservation early on the morning of August 13, 2023, after they decided they were too tired to drive all the way back to Ann Arbor. Affiant therefore believes they made materially false, fictitious, or fraudulent statements or representations about not having a room reserved at the Super 8 prior to August 13,2023.
- As previously described, CBP found photos showing military vehicles from the night of August 12,2023, on Guan’s phone. The SGM reported that the TOC and the military equipment within it were clearly visible from the location where he encountered the SUBJECTS. According to the SGM, it would have been very obvious that there was military activity occurring. During his interview with CBP, GUAN omitted his encounter with the SGM from his description of the trip and denied ever having any interaction with the U.S. military, though he acknowledged stopping somewhere on the way back to Ann Arbor. And in March 2024 XU, LIANG, TAO, and ZHU each said that GUAN was with them at Bear Lake.
- During their interviews with the FBI, TAO and ZHU were asked if they saw military vehicles, and if they took pictures of military vehicles. Both denied taking any photos of military vehicles and denied seeing any military vehicles. Based on the foregoing, Affiant has probable cause to believe TAO and ZHU made materially false, fictitious, or fraudulent statements or representations about seeing no military vehicles near Bear Lake.
- During their interviews with CBP, XU and LIANG were asked if they ever had an interaction with the US military, and both denied ever having such an interaction. XU was asked this again during his interview with the FBI and again denied it. ZHU, XU, and LIANG also could not remember the name of the place or campground where they had stopped. However, in an interview with one of Xu’s roommates (Ruiqi Niu) on April 9, 2024, Niu told FBI agents that he remembered XU and his friends talking about their interaction with a solider and about how a “military man” approached them after they heard noises like fireworks.
- Furthermore, a WeChat (a Chinese app that can be used for group chats similar to WhatsApp) group chat from LIANG’s phone, which included XU, LIANG, TAO, ZHU, and GUAN, contained messages (translated from Mandarin to English using a machine translation tool and verified by an FBI language specialist) from December 24,2023, about the group’s trip to Northern Michigan. The messages were prompted by GUAN revealing that he had been inspected by CBP and asked about the trip. When discussing the location of interest, both XU and TAO mentioned Bear Lake, and XU even said, “Yes, the base is at Bear Lake.” When discussing how CBP knew they were the individuals at Bear Lake, TAO said, “Theoretically, if the soldier had a camera, he can know who we are.” Based on the foregoing, Affiant has probable cause to believe XU and LIANG made materially false, fictitious, or fraudulent statements or representations about having no interactions with the US military.
- The SGM stated that he firmly told the group to leave and that they should not be there because there were soldiers and equipment around. In fact, the SGM told them to “get the F*** out of there” and observed as the SUBJECTS promptly gathered their things and walked quickly away from the TOC. During their interviews with the FBI, XU and LIANG described this confrontation with the Sergeant Major as an interaction with a “camper.” XU, LIANG, TAO, and ZHU all denied that the SGM told them to leave or made them feel as though they should not be there. Affiant therefore believes the XU, LIANG, TAO, and ZHU each made materially false, fictitious, or fraudulent statements or representations about their interaction with the SGM.
- As previously described, the accounts given by XU, LIANG, TAO, and ZHU in March aligned in general but had discrepancies in the details. TAO said that when they got to the Super 8, they all talked about the presence of the soldier at Bear Lake, did some research on the area, and found out about the Grayling Military Installation as a result. TAO also stated that the encounter with the soldier scared him and that they discussed it afterwards and told friends and family about the incident. This account was supported by digital evidence found on LIANG’s phone indicating that, on August 13,2023, he had searched “bear lake Michigan us army” on Google and accessed an article about the expansion of the Grayling Military Installation.
- ZHU, on the other hand, stated that he did not tell anyone about the interaction with the soldier and claimed that there was no reason to do so because the event was not an “interesting thing.” XU claimed that his friends would all say the same thing XU was saying.
- WeChat messages from the group of the SUBJECTS also include messages on December 24-25, 2023 (the December 24-25 WeChat), in which the SUBJECTS discussed clearing photos from their cameras and phones and having others carry their electronics and cameras on the trip to Iceland. The December 24-25 WeChat group chats contained each of the SUBJECTS according to the group chat information on LIANG’s phone. The messages in the December 24-25 WeChat were sent after GUAN informed LIANG, ZHU, XU, and TAO that CBP had stopped GUAN on his return to China and asked GUAN about the SUBJECTS’ trip to Northern Michigan. In the December 24-25 WeChat, TAO wrote “Let someone else take care of the electronic equipment then [meaning on the trip to Iceland].” GUAN replied, “Clear all cameras,” and XU wrote “You can’t clear your phone. It shouldn’t be a big problem if you keep some normal photos.” xu then wrote, “It feels like our cameras and everything else really have to be carried by shh [likely Haohong Shangr and others.” GUAN then wrote and directed LIANG, who was then returning from a trip to Peru, to “delete all messages from the group chat before crossing the border so that they would not think we are colluding.” LIANG subsequently removed himself from the December 24-25 WeChat group. Nonetheless, the December 24-25 WeChat was archived on LIANG’s phone. When the phones of GUAN, XU, ZHU, and TAO were manually examined, there was no evidence of the December 24-25 WeChat or the WeChat group with the SUBJECTS. WeChat is an application that maintains information in the application across devices. So, the December 24-25 WeChat or the WeChat group should have been on the phones of GUAN, XU, ZHU, and TAO unless it was deleted. Based on this evidence, it is reasonable to believe that GUAN, XU, ZHU, and TAO deleted the WeChat group from their phones.
- Affiant therefore believes that the SUBJECTS discussed their encounter with the SGM at Bear Lake, attempted to coordinate their accounts of what happened so that the stories would match if any of them were questioned in the future, and deleted potentially incriminating photos from their phones and cameras to preclude law enforcement from finding them.
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好久没见我交的大新闻了 
你们丑国怎么这么坏？迫害我们中国人。小羊觉得不公平。太惨了我们都不得不做剖心的比干。丑国原来是商纣王。希望女娲娘娘来主持正义。
说的很对，其实酒店是当天临时订的，但可能笔录说错话了，被当作一周前订的了
人都走了，检察官讲垃圾话泄愤他们也不会来应诉了。如果人还在美国，甚至真的被抓了，那刑事辩护律师得好好一条一条驳斥。比如说（我随便瞎编一下）：
- 他们几个事后讨论当晚发生的事情很正常啊，和讨论看到什么流星是一回事。当时没有人告知他们几位已经under criminal investigation，要说是串供、干扰调查首先需要是嫌疑人（cf. 登机前被FBI拦截问话，回家后立刻捣毁硬盘扔垃圾桶那位）。
到底是怎么讨论“未来要对警方撒谎”？控方应该直接贴聊天内容原文让群众judge一下到底是串供还是只是讨论事情的严重程度。说不定他们在讨论自己犯了多大的罪、讨论要不要自首呢，这不违法吧？
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清理微信聊天记录的事情，参考Google自动帮所有员工定期删工作邮件。知道自己犯了罪之后赶紧销毁证据违法，有预感自己可能未来会犯罪所以定期销毁证据就成了Google，美其名曰data retention policy（aka 微信占存储空间太大了、Tim Cook给手机装的闪存太小太贵了），是可以辩的。
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订酒店的时间记录也可能是酒店的系统弄错了，super 8渣IT。如果确实是提前订的，也要看他们回答问题的时候是宣誓作证还是只是被一个“friendly”政府工作人员过来随便“问你几个问题”。我甚至怀疑FBI接触他们的人有没有说自己是FBI探员…
当然，大家还是要切记，微信聊天记录自己从UI里删是删不掉的。
为了避免手机卡顿，我建议被Tim Cook锁死手机系统的各位每几个月重装一次iOS。这样可以清理后台垃圾文件，缩短启动时间、提高响应速度哦！一定要注意，你已经养成了习惯定期清理。安卓用户找一下xlog文件夹就行。
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想问下关于expedite removal 为什么会有这些限制，达到了这些条件就算established presences 了吗？
It has also been expanded to noncitizens who entered by sea without inspection and who have been in the United States for less than two years, and to those who cross a land border without inspection and are arrested within two weeks of their arrival and within 100 miles of the border.
法律会保护这些who established presences 初衷是什么？限制执法机构的权利？