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Presidential election 2008: 3 days to go: KMT sues Hsieh, Chai over green card fracas

Chinese Nationalist Party (KMT) presidential candidate Ma Ying-jeou pulls a cart during a campaign event in Chutung, Hsinchu County, yesterday. PHOTO: SAM YEH, AFP

The Chinese Nationalist Party (KMT) caucus yesterday filed a defamation lawsuit on behalf of the party's presidential candidate, Ma Ying-jeou (馬英九), against his Democratic Progressive Party (DPP) rival Frank Hsieh (謝長廷) and DPP Legislator Chai Trong-rong (蔡同榮) following their allegation on Monday that Ma still possesses a valid US green card.

The caucus also sued the pair for allegedly violating the Election and Recall Law for Public Servants (公務人員選舉罷免法), which bars anyone from "spreading rumors or untruths through words, pictures, speeches or other means in an attempt to prevent a certain candidate from being elected."

At a press conference, KMT caucus whip Lin Yi-shih (林益世) criticized the pair's latest claim that "reliable sources" in the US had confirmed that Ma's green card was still valid.

"Frank Hsieh and Chai have again and again discredited Ma and spread rumors about Ma's green card status," Lin said.

"However, Hsieh has been unable to present any evidence to back his claims. Although Chai presented a document yesterday [on Monday], this also failed to prove Hsieh's allegations against Ma," Lin said.

The lawsuit came after Chai told a news conference at the Hsieh campaign headquarters that he had obtained a written response from a "reliable source" to an inquiry on Ma's green card status.

Since January, the Hsieh camp has accused Ma of owning a valid green card, while Ma has countered that it was invalidated about 20 years ago after he began using non-immigrant visas to enter the US.

Chai on Monday showed the media an excerpt from a letter from the source, with whom he said he corresponded during a private visit to the US between March 9 and Saturday.

Chai said the source informed him in writing that Ma remained a permanent resident of the US.

"US immigration sources have confirmed that the subject [Ma] has an active Alien Registration number and is confirmed to be a permanent legal resident of the United States," the excerpt said.

Ma campaign lawyer Lai Su-ju (賴素如), who also attended the conference, accused the Hsieh camp of being "delusional," saying that Chai's document was "nonsense."

Lai said US law does not allow anyone, except card holders themselves, to obtain information regarding the status of their green card.

KMT Legislator Cheng Li-wun (鄭麗文) showed the media copies of the US Immigration and Nationality Act, Section 214 (b), which states that "every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to non-immigrant status."

The Hsieh camp yesterday said the onus was on Ma to provide evidence to substantiate his claim that his residency is now invalid.

Additional reporting by Ko Shu-ling
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