A Respite for President Chen

A Respite for President Chen

The China Post editorial (Taipei, Taiwan, ROC)
June 18, 2007


The Council of Grand Justices, after an unusually long deliberation, ruled on the presidential privilege of immunity against criminal investigation on Friday, giving President Chen Shui-bian a much needed respite.

The 13 grand justices, all of them appointed by President Chen, unanimously agreed he cannot be questioned by prosecutors while he is in office. The decision was taken in response to a request by the president who refused to produce his dossier on his public fund for the conduct of “affairs of state” during the trial of his wife for corruption.

First lady Wu Shu-chen, indicted on last November 3, is being tried for borrowing bills and receipts from friends and relatives to claim a NT$14.8 million reimbursement from that “affairs of state” fund. The president was not indicted, for he enjoys immunity against criminal investigation, but was regarded as an unindicted co-defendant who will be formally charged on leaving office. Chen was questioned twice by prosecutors who indicted his wife. He also vowed to step down if his wife were convicted at the first trial.

The ruling of the constitutional court said the president couldn’t give up that privilege, which he voluntarily waived to answer questions in connection with his wife’s corruption case. That raised the constitutionality of the questioning, but the grand justices made it clear that the district court judges may adopt as evidence against the first lady the answers his husband voluntarily made during the criminal investigation.

Moreover, the grand justices confirmed the president’s constitutional right to decide what constitutes a state secret and his right to refuse disclosure. Prosecutors who questioned President Chen were convinced he lied about how he spent the “affairs of state” fund for the conduct of his “secret diplomacy” in order just to help his wife off the hook. With the confirmation of that privilege, Chen does not have to appear in court to testify for or against his wife.

It’s now up to the Taipei district court judges to continue trying the first lady. It may suspend the trial and reopen it after President Chen retires on May 20 next year.
Even if the trial continued, President Chen would not be required to produce evidence that the judges might subpoena to incriminate his wife, albeit he was not altogether exempted from his obligation to serve as a witness.

President Chen’s hand-picked grand justices have made his life as a lame duck easier to live for the next 11 months.



(Courtesy of the China Post)

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