Former president Chen Shui-bian (陳水扁) is looking into taking legal action after President Ma Ying-jeou (馬英九) decided on Tuesday to declassify documents relating to Chen’s use of the “state affairs fund.”
Chen’s attorney, Richard Lee (李勝琛), yesterday said Ma might be committing treason by declassifying the documents, adding that Chen did not rule out legal action, including filing a lawsuit or seeking a ruling from the Council of Grand Justices on the constitutionality of Ma’s move.
“They have done the damage so we must do something,” Lee said.
Lee said Ma’s decision was not just an issue concerning Chen, but one with potential ramifications for national interests, the implementation of the Constitution and the safety of diplomats and agents contracted by Chen to conduct diplomatic missions.
The documents contained information pertaining to six diplomatic missions and were therefore protected under the Classified National Security Information Protection Act (國家機密保護法), Lee said.
Chen’s wife, Wu Shu-jen (吳淑珍), was indicted in November 2006 on corruption and forgery charges in connection with the use of Chen’s “state affairs fund.” Chen could not be charged at the time because of presidential immunity.
Chen was declared a defendant in the case shortly after his presidential term ended on May 20.
Prosecutors and the court have asked the Presidential Office to declassify the documents so that the case could continue.
ACCESS
Following Ma’s inauguration, instead of declassifying the documents, the Presidential Office granted the court access to them. The Special Investigation Section of the Supreme Court Prosecutors’ Office said however that access was inadequate and sought again in June to have the documents declassified.
On Tuesday, the Presidential Office said it would declassify the documents, adding that they should not have been classified in the first place.
Lee said yesterday that the move was unprecedented and questioned Ma’s right to challenge his predecessor’s decisions, adding that it was dangerous for Ma to do so without consulting Chen.
Ma does not have the authority to declassify the documents, Lee said, adding that they did not rule out filing for a constitutional interpretation to prevent actions contrary to the Constitution. Until then, Lee urged prosecutors and the court to keep the documents secret.
Chen’s office yesterday issued a statement asking the public to “transcend partisan and political calculations.”
CHAOS
“The nation would plunge into chaos if the administration used national secrets as a tool for political gains,” the statement said. “Declassifying the documents is bound to cause constitutional controversy and sabotage national security and national interests.”
Chen questioned whether Ma and the task force formed by the Presidential Office to review the classified documents had the right to do so and whether they had intervened in the judiciary’s investigation by doing so.
He also asked in the statement whether Ma had seen all the documents and on what basis he had concluded that documents did not constitute national secrets.
Chen also questioned whether Ma was flouting a constitutional interpretation that the president has the right to protect national secrets.
Chen also expressed concern for the safety of those involved in the secret diplomatic missions if the information in the documents were to be made public during the course of the trials.
If that happened, who would shoulder the responsibility, he asked.
The Presidential Office yesterday dismissed the allegation that its decision was politically motivated. Ma is prepared to shoulder any negative consequences of declassifying the documents, it said.
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