Grand Justices Rule on State Secrets Privilege for the President

News Analysis

Grand Justices Rule on State Secrets Privilege for the President
June 20, 2007

The Council of Grand Justices handed down a ruling (No.627) June 15 on President Chen Shui-bian’s petition for judicial review on Article 52 of the Constitution regarding presidential criminal immunity and State Secret Privilege in connection with his State Affairs Fund case.

According to ruling, the President not only has criminal immunity, but also state secrets privilege.

The ruling states that although not stipulated in the Constitution, based on the principle of checks and balances, the President – as the chief executive – enjoys the privilege not to make public secrets regarding national security, national defense and diplomacy. However, the Grand Justices also emphasized that the state secrets privilege derives from the principle of checks and balances of power, and is not an absolute power granted by the Constitution.

The Grand Justices’ ruling on the state secrets privilege gives President Chen Shui-bian the right not to cooperate with the prosecution in presenting evidence relevant to his state affair fund case, which might jeopardize the investigation of the case.

The Grand Justice’s ruling was heavily criticized by the public for being a “super umbrella” of protection tailored for the President—an actual enlargement of the executive power for the President.

It is highly controversial that the Grand Justices regard the President as the executive chief, because according to Article 53 of the Constitution, the Executive Yuan is the highest executive organ in this country. Therefore, it is the Premier that is the highest executive chief in this country.

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