MEDIA REACTION: PRESIDENT CHEN SHUI-BIAN'S FUTURE

UNCLAS AIT TAIPEI 004141 SIPDIS DEPARTMENT FOR INR/R/MR, EAP/TC, EAP/PA, EAP/PD - DAVID FIRESTEIN DEPARTMENT PASS AIT/WASHINGTON SIPDIS E.O. 12958: N/A TAGS: OPRC KMDR KPAO TW SUBJECT: MEDIA REACTION: PRESIDENT CHEN SHUI-BIAN'S FUTURE ¶1. Summary: Taiwan's major Chinese-language dailies focused their coverage December 16-18 on First Lady Wu Shu-chen's trial on corruption charges in the Taipei District Court Friday where she faint during the proceedings; a possible cooperation between the KMT nativist faction of Taipei city councilors with their DPP colleagues in the upcoming election of Taipei's council speaker and vice speaker; and a United Daily News poll regarding the approval ratings of 23 mayors and county magistrates in Taiwan. In terms of editorials and commentaries, two editorials implied that President Chen Shui-bian will be able to finish his term of office. An editorial in the limited-circulation, pro-unification, English-language "China Post" said that the Council of Grand Justices has been subservient to the authorities, and chances are that the Grand Justices would acquiesce to the demand raised by DPP legislators to give President Chen Shui-bian permanent immunity from prosecution regardless of what wrong he may have done while in office. The pro-unification "United Daily News" mentioned in its editorial that the incident in which First Lady Wu Shu-chen fainted and was sent to the hospital during her trial at the Taipei District Court on December 15 has an impact on the justice of the trial. The editorial added that prosecutors might not be able to complete the Presidential Office Allowance for State Affairs case before President Chen Shui-bian steps down. End summary. ¶2. President Chen's Future A) "Can Grand Justices Uphold the Independence of the Court?" The conservative, pro-unification, English-language "China Post" [circulation: 30,000] said in an editorial (12/16): "Taiwan has a constitutional court, which is the Council of Grand Justices. All grand justices are appointed by the president, subject to confirmation by the Legislative Yuan. Now the grand justices are being asked to give the man who gave them their job permanent immunity from prosecution regardless of what wrong he may have done while in office. "The request was made by all but three of the 86 lawmakers of President Chen's Democratic Progressive Party on the eve of first lady Wu Shu-chen's trial on corruption charges. The legislators, who asked the grand justices to review and explain a Constitutional article on presidential immunity, also wanted an injunction to suspend her trial. The Constitution in Article 52 says: The President shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason. The lawmakers of the ruling party want the grand justices to explain whether the president "shall not ... be liable to criminal prosecution" after he is "relieved of his functions" and whether his immunity from prosecution shields him against criminal investigation and subpoena for appearance in court to give testimony. ... "Should the grand justices go along, all charges against President Chen would have to be dropped and he would be immune from prosecution after he bows out on May 20, 2008. He could not be subpoenaed to testify in court to substantiate the charges brought against the first lady. If the injunction is issued, the Taipei district court won't be able to hand down the verdict on her before her husband leaves office. The grand justices may even rule the first lady shares presidential immunity from prosecution, and then the court may be forced to dismiss the case against her. "Taiwan's constitutional court has been subservient to the powers that be. The chances are that the grand justices would acquiesce to the demand. We wonder if there are enough grand justices to uphold the independence of our constitutional court." B) "The Impact on the Justice of the Trial Caused by Wu Shu-Chen's Standing Trial and Being Sent to the Hospital" The pro-unification "United Daily News" [circulation: 400,000] editorialized that (12/16): "... The situation shows that the trial of the case [of the Presidential Office Allowance for State Affairs] cannot be completed before Chen Shui-bian finishes his term of office. The problem is not embedded in the dispute regarding the President's immunity on criminal charges but the variable of [First Lady] Wu Shu-chen's physical health. Some people originally guessed that Wu Shu-chen might ask the court for a day off yesterday, but the subsequent developments showed that when something happens to Wu Shu-chen, the biggest impact is to the justice of trial. Perhaps, the trial proceedings might resume in the future, when Wu Shu-chen feels that her physical condition allows it, but no one can be sure that she will not once again be sent to the hospital in the middle of the session. Hence, we can assert that the trial cannot proceed smoothly. ..." WANG