The Taipei District Court yesterday morning opened documents related to secret diplomatic missions in the "state affairs fund" case after the president failed to produce information supporting his claim that the documents should be protected by legislation on classified information.
Prosecutor Chang Hsi-huai (
Court spokesman Liu Shou-sung (劉壽嵩) said the court ruled that the files could not be considered secret, as President Chen Shui-bian (陳水扁) and the Presidential Office had failed to produce documents proving that the files fall under the protection of the Classified National Security Information Protection Act (國家機密保護法).
Chang urged defense attorneys to read the documents as soon as possible.
"Lawyers are entitled to read the documents at the court. They might very well find information that aids their clients' case in the documents," he said.
Three sets of documents were sealed by Prosecutor Eric Chen (陳瑞仁) after he completed his investigation into the president's use of the "fund."
Eric Chen said yesterday that he had sealed the documents to prevent the release of sensitive information, although he added that he did not consider the documents to be under the protection of the Classified National Security Information Protection Act.
Defense lawyers yesterday called on the president to seek a ruling on the matter from the Council of Grand Justices before the court meets again on Feb. 2 to determine whether the "state affairs fund" case should continue.
Presidential Office Deputy Secretary-General Cho Jung-tai (卓榮泰) said that the president would "seriously" consider the lawyers' proposal, as it seemed a good way to resolve the constitutional dispute between the court and the Presidential Office.
However, it would take some time to map out a plan, as seeking a constitutional interpretation would be a "huge project," he said.
Wellington Koo (顧立雄), one of first lady Wu Shu-jen's (吳淑珍) defense lawyers in the case, told a press conference late yesterday afternoon that members of her legal team considered the president to be the only individual entitled to file the request, because he is duty-bound to protect the constitutional order and national security.
Koo said the legal team would not ask to review the documents unless the dispute is settled.
"The purpose is to safeguard the presidency rather than his career, and he should not be put off by the possibility of criticism that the move is a scheme aimed at prolonging the court proceedings," he said.
Koo added that the president might want to ask the council to decide whether it was constitutional for Eric Chen to have questioned him and to have listed him as an accomplice in the indictment.
The Democratic Progressive Party caucus has lodged a request with the council to rule on the constitutionality of Eric Chen's questioning of the president, but the council has not decided whether to take up the case.
Attorney Yang Feng-wan (楊芳婉) said that they would like to see the Council of Grand Justices take a stance on where the line between judicial and presidential power should be drawn.
Attorney Richard Lee (李勝琛) said that the president's "state secrets privilege" was regulated by the Constitution rather than the Classified National Security Information Protection Act, which he said gives the president the right to refuse the court's request that he surrender documents which concern state secrets.
also see story:
DPP supports interpretation request
SECURITY: As China is ‘reshaping’ Hong Kong’s population, Taiwan must raise the eligibility threshold for applications from Hong Kongers, Chiu Chui-cheng said When Hong Kong and Macau citizens apply for residency in Taiwan, it would be under a new category that includes a “national security observation period,” Mainland Affairs Council (MAC) Minister Chiu Chui-cheng (邱垂正) said yesterday. President William Lai (賴清德) on March 13 announced 17 strategies to counter China’s aggression toward Taiwan, including incorporating national security considerations into the review process for residency applications from Hong Kong and Macau citizens. The situation in Hong Kong is constantly changing, Chiu said to media yesterday on the sidelines of the Taipei Technology Run hosted by the Taipei Neihu Technology Park Development Association. With
CARROT AND STICK: While unrelenting in its military threats, China attracted nearly 40,000 Taiwanese to over 400 business events last year Nearly 40,000 Taiwanese last year joined industry events in China, such as conferences and trade fairs, supported by the Chinese government, a study showed yesterday, as Beijing ramps up a charm offensive toward Taipei alongside military pressure. China has long taken a carrot-and-stick approach to Taiwan, threatening it with the prospect of military action while reaching out to those it believes are amenable to Beijing’s point of view. Taiwanese security officials are wary of what they see as Beijing’s influence campaigns to sway public opinion after Taipei and Beijing gradually resumed travel links halted by the COVID-19 pandemic, but the scale of
A US Marine Corps regiment equipped with Naval Strike Missiles (NSM) is set to participate in the upcoming Balikatan 25 exercise in the Luzon Strait, marking the system’s first-ever deployment in the Philippines. US and Philippine officials have separately confirmed that the Navy Marine Expeditionary Ship Interdiction System (NMESIS) — the mobile launch platform for the Naval Strike Missile — would take part in the joint exercise. The missiles are being deployed to “a strategic first island chain chokepoint” in the waters between Taiwan proper and the Philippines, US-based Naval News reported. “The Luzon Strait and Bashi Channel represent a critical access
Pope Francis is be laid to rest on Saturday after lying in state for three days in St Peter’s Basilica, where the faithful are expected to flock to pay their respects to history’s first Latin American pontiff. The cardinals met yesterday in the Vatican’s synod hall to chart the next steps before a conclave begins to choose Francis’ successor, as condolences poured in from around the world. According to current norms, the conclave must begin between May 5 and 10. The cardinals set the funeral for Saturday at 10am in St Peter’s Square, to be celebrated by the dean of the College