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Grand justices toss out DPP request

The Council of Grand Justices yesterday rejected an application filed by Democratic Progressive Party legislators for a constitutional interpretation on the legality of prosecutors questioning the president over the "state affairs fund" case.

The move prompted President Chen Shui-bian (陳水扁) yesterday to change tactics in his attempt to block the case from moving forward, saying he would file a request for an injuction to stop the Taipei District Court from opening what he describes as "secret files" associated with the fund.

"The Council of Grand Justices ruled [yesterday] that legislators have no right to require a constitutional interpretation, as legislators' exercising of authority is unrelated to presidential immunity," Judicial Yuan Secretary-General Fan Kuang-chun (范光群) told a press conference yesterday.

DPP caucus whip Ker Chien-ming (柯建銘) filed a petition on Dec. 13 to block the trials of first lady Wu Shu-jen (吳淑珍) and three top presidential aides on forgery and corruption charges.

Positive spin

The DPP later tried to put a positive spin on the grand justices' decision.

DPP Legislator Kao Jyh-peng (高志鵬) told a press conference yesterday that the rejection of the request didn't mean that grand justices disapproved of clarifying the controversy surrounding the "state affairs fund" case.

"The grand justices turned down the request because they consider lawmakers unqualified to file such a request. We respect that. Now that the president has filed a request this morning, we hope the grand justices will deliver their interpretation soon," Kao said.

Some DPP legislators have argued that the investigation and the trail are unconstitutional because Prosecutor Eric Chen (陳瑞仁) questioned Chen Shui-bian and obtained documents from the Presidential Office.

If the Grand Justices approve a request for a constitutional interpretation, the trials would be suspended until the council issues its interpretation, in accordance with the Law of Interpretation Procedures For Grand Justices (司法院大法官審理案件法).

Dismissal

The dismissal of the DPP caucus' request led Chen Shui-bian to announce that he would ask the Council of Grand Justices for a constitutional interpretation, arguing that Article 52 of the Constitution granted him the discretion to decide what documents he could supply to prosecutors.

Article 52 stipulates that the president enjoys immunity from prosecution unless charged with sedition or treason.

Presidential Office Deputy Secretary-General Cho Jung-tai (卓榮泰), who filed the request on behalf of the president at the Judicial Yuan yesterday morning, said that Chen Shui-bian hoped the Taipei District Court would stop the legal proceedings and annul its ruling that it could open "secret files"` related to the fund.

"In a bid to defend the constitutional status of the presidency and maintain the democratic system, it seems that the only way to resolve the dispute between the court and the Presidential Office and protect the sanctity of the Constitution is to seek a constitutional interpretation from the Council of Grand Justices," Cho said.

Citing Article 52 of the Constitution, Cho argued the president is entitled to "executive privilege," in which he has the right to decide whether he will surrender state secrets to a court for the sake of national security, Cho said.

The Presidential Office submitted a lengthy document outlining the reasoning behind requesting an interpretation.

The statement said it was unconstitutional for Eric Chen to question the president, obtain documents from him, list him as an accomplice in the indictment, ask him to surrender secret documents or even to hear the case.

Since the president is protected by Article 52, the statement argued that the court cannot summon the president and ask him to testify during the investigation process and court hearing. The president must also be entitled to the "litigation immunity" and cannot be prosecuted until his term expires.

Cho said the Taipei District Court had infringed on the presidential privileges and risked leaking state secrets, adding that the court must immediately stop the legal proceeding and repeal its previous ruling on opening the secret files relating to the fund.

Meanwhile, Eric Chen yesterday told the press that the Ministry of Justice (MOJ) should not file a constitutional interpretation to suspend the trials of Wu and others.

"The ministry should stand by prosecutors," Eric Chen added.

The prosecutor said he did not indict Chen Shui-bian, but only the other suspects in the case, which is constitutional.

He said the MOJ in 1996 produced a document saying that the incumbent president should enjoy immunity from prosecution, and prosecutors should suspend any investigations involving a sitting president. This was in response to prosecutors receiving a number of accusations against former president Lee Teng-hui (李登輝), but those accusations only targeted Lee.

He said, however, that the other suspects in the "state affairs fund" case did not enjoy immunity from prosecution.

Premier Su Tseng-chang (蘇貞昌) on Wednesday asked the MOJ to file for an interpretation on Article 52, saying that the ministry had the authority to control how prosecutors handle an investigation.

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