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DPP sues Ma for declassifying files

“We are not suing Ma to seek payback for Chen; we are suing Ma to uphold the nation’s legal system as well as to defend national security.” — Ker Chien-ming, Democrative Progressive Party caucus whip

By Meggie Lu Staff Reporter, with CNA The Democratic Progressive Party (DPP) caucus yesterday filed a lawsuit against President Ma Ying-jeou (馬英九), accusing Ma of treason over his decision to declassify documents related to former president Chen Shui-bian’s (陳水扁) “state affairs fund” case.

The Presidential Office announced on Wednesday that it was opening the files, but said that it was not an act to “declassify” the documents but to “revoke the earlier classification” by the Chen administration.

DPP caucus whip Ker Chien-ming (柯建銘) yesterday slammed the Presidential Office’s move, saying the declassification would reveal previously confidential information, “such as the names of national security agents and the nation’s dealings with foreign countries.”

“We are not suing Ma to seek payback for Chen; we are suing Ma to uphold the nation’s legal system as well as to defend national security,” said Ker, who led several DPP legislators to the Taipei District Court to file the lawsuit.

“[If we were to open classified documents], who in the future would risk their necks and serve as agents, only to be sold out by his or her own country later?” Ker said.

At issue are files held by the Taipei District Court as evidence in the “state affairs fund” case, in which Chen was named a co-defendant as soon as he stepped down from the presidency on May 20.

The prosecution named Chen a “joint perpetrator,” while indicting his wife, Wu Shu-jen (吳淑珍), for corruption and forgery on Nov. 3, 2006, after determining she had used receipts provided by others to claim reimbursements totaling NT$14.8 million (US$450,000) from the president’s “state affairs fund” between July 2002 and March 2006.

Chen said that none of the money went into his own pocket, contending that the confusing accounting system governing Presidential Office expenses made it necessary to use outside receipts to obtain money from the discretionary fund to finance secret diplomatic missions abroad.

However, the Taipei District Court ruled on Jan. 19 last year that the six diplomatic missions cited by Chen were not secret as the president claimed and should be disclosed in court proceedings.

Last September, Chen proclaimed the files held by the court as “strictly confidential” and petitioned the court to return them to the Presidential Office.

After his request was turned down by the district court, Chen appealed to the Taiwan High Court and later to the Supreme Court, which has not ruled on the appeal.

The process has since stalled the district court proceedings on the embezzlement case.



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Ker said that Ma’s decision to declassify the documents was aimed at removing his political opponents.

“Ma made a severe mistake by acting like the red-clad protesters in hunting Chen down,” Ker said.

Ker was referring to the anti-Chen campaign initiated by former DPP chairman Shih Ming-teh (施明德) in 2006, when red-shirt-clad protesters congregated outside the Presidential Office demanding that Chen step down as president. The protest brought tension between pro-Chen groups and anti-Chen groups in their six-month strike.

Ker accused Ma of engaging in a “hateful struggle” against Chen at the expense of national security and interest and acting in a manner unbecoming of a national leader.

“Ma is conducting a witch hunt to please deep-blue voters ... Doesn’t he have more important things to focus on, such as boosting the economy?” DPP Legislator Gao Jyh-peng (高志鵬) said.

As for the legality of Ma’s declassification action, Gao said the DPP would petition for an interpretation of the Constitution by the Council of Grand Justices.

Gao added that declassifying the documents at a sensitive time such as this was a tactic to distract the public’s attention from Taitung County Commissioner Kuang Li-chen’s (鄺麗貞) corruption case, and Ma’s own plummeting public support.

The legislators denied discussing the lawsuit with Chen prior to filing the case yesterday.

In response, Presidential Office Spokesman Wang Yu-chi (王郁琦) said the lawsuit was a DPP attempt to trick the public.

“Shifting the focus will not change the fact that those documents are not national secrets,” Wang said at the Presidential Office yesterday. “Our action will stand scrutiny.”

Ma enjoys presidential immunity against criminal charges, except for treason, while leaking state secrets constitutes an act of treason.

Additional reporting by Mo Yan-chih and AFP
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