Mao confidant's diaries to remain in US, judge rejects Beijing claim

A federal judge in Oakland has ruled that the personal archives of Li Rui, a former secretary to Mao Zedong and a prominent Chinese Communist Party critic, will remain at Stanford University's Hoover Institution Library & Archives, rejecting a Beijing court judgment and affirming the late dissident's intent to make his writings publicly accessible.

U.S. District Judge Jon S. Tigar entered judgment Tuesday for Stanford, finding the university holds lawful ownership of the materials and rejecting claims by Li's widow, Yuzhen Zhang, for conversion, aiding and abetting conversion, and civil conspiracy. The litigation spanned more than five years. Board of Trustees of Leland Stanford Junior University v. Zhang et al., 4:19-cv-02904-JST (N.D. Cal., filed May 24, 2019).

Li, who died in February 2019 at 101, maintained diaries from 1938 to 2019, along with correspondence, meeting minutes, notes, poetry and photographs. The collection includes a June 4, 1989, account written from his balcony describing the Tiananmen Square crackdown, as well as writings on Mao's role in the Great Leap Forward.

Jeffrey E. Faucette of Skaggs Faucette in San Francisco represented the National Library of China. Faucette was not available for comment.

The court declined to enforce Zhang's Beijing judgment, holding that the Chinese tribunal lacked jurisdiction and denied Stanford a chance to appear.

"For the reasons set forth above, the Court declines to enforce the Zhang Judgment and finds in favor of Stanford on its quiet title claims," Tigar wrote. "Because Li Nanyang's possession and donation of the Li Materials was lawful and in accordance with Li Rui's wishes, the Court finds against Zhang Yuzhen on her claims for conversion, aiding and abetting conversion, and civil conspiracy."

Rui's daughter, Nanyang Li, promised her father that she would transcribe his writings and carry on his legacy, she testified on behalf of the university. She added that her father was left angry and humiliated after China blacklisted his works.

Witnesses for both sides testified the collection would at minimum be censored, and likely banned, if returned to China.

Mark D. Litvack, a Los Angeles partner at Pillsbury Winthrop Shaw Pittman representing Stanford, said the ruling honored Rui's intent.

"Li Rui was very clear in his diaries and conversations that he intended for his historic documents to be preserved and maintained by Hoover's Library and Archives," he said. "We are very pleased with the Court's decision, that Mr. Li's wishes will be honored and that these important materials will remain with Hoover and Stanford and accessible to all who are interested."

Hoover Institution Director, former U.S. Secretary of State Condoleezza Rice called the ruling a victory for preservation.

"This decision ensures one of the most valuable firsthand accounts on the history of modern China will be freely available for study," she said.

Eric Wakin, deputy director of the Hoover Institution, said the decision reinforces the institution's mission. "Li Rui's collection is one of the most important insider accounts of the history of modern China freely available to researchers," Wakin said. "By continuing to provide access to the collection, we honor Li's wishes, as well as our mission to preserve and provide access to the most important material on war, revolution, and peace in modern times."