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Chen Shui-bian and Roger Lin may face death penalty in Taiwan over U.S. litigation claims


Roger C.S. Lin holds U.S. court papers
Associated Press photo by Wally Santana

In a dramatic development that threatens the lives of two men, the longstanding American "strategic ambiguity" that has enshrouded Taiwan for 64 years is unraveling. Former Republic of China in-exile President Chen Shui-bian and Taiwanese politician and international legal expert Roger C.S. Lin have been subpoenaed by a Kaohsiung court for depositions on possible treason. The sentence for treason under the ROC administration is the death penalty.

Chen, commonly called A-bian, is now imprisoned with a life sentence for corruption following a controversial trial marred by a parody skit by court personnel mocking Chen. In a bid to gain freedom from his harsh life sentence Chen teamed up with legal scholar Roger Lin to involve United States courts in his case.

Lin, recently an appellant in the U.S. Supreme Court, has sought the use of U.S. courts to review the 1952 San Francisco Peace Treaty, which left Taiwan's post-World War II status in American hands. Lin won a declaration by U.S. Circuit Judge Janice Rogers Brown that Taiwan was caught in an American-imposed "political purgatory" when his case Roger C.S. Lin, et al vs. United States was heard earlier this year by the District of Columbia U.S. Court of Appeals.

Despite obvious sympathy for the 23 million residents of Taiwan whose "daily lives are infected" by the "strategic ambiguity" the federal appellate court said the matter was for the Executive to decide and Judge Brown urged President Barack Obama to act "expeditiously" to resolve the decades-old question of Taiwan's status.

Taiwan was Japanese territory commonly called Formosa at the end of World War II and under international rules of war the United States was the principal occupying power. In an effort to shore up the Kuomintang government of the Chiang Kai-shek against the Chinese Communist Party and the revolutionary forces of Mao Tse-tung the 7th Fleet of the U.S. landed Republic of China troops on Taiwan to accept the surrender of Japanese troops on the island in October 1945.

The advent of the Cold War, followed by the defeat of Kuomintang forces in China and then the outbreak of the Korean War all combined to lock Taiwan in a perpetual ambiguity and four decades of martial law under the Republic of China in-exile. To this day the 23 million people of Taiwan lack representation in the United Nations and World Health Organization because of the unresolved legal status.

Under the dictatorship of Chiang Kai-shek and later his son Chiang Ching-kuo it was considered treason to advocate for Taiwan's independence and many were imprisoned or executed. The investigation of Chen and Lin for treason under the present Kuomintang administration of Ma Ying-jeou harks back to the repression of the past.

Ma and Chen are old political adversaries and both served as Mayor of Taipei. Chen is serving a life sentence for corruption while Ma narrowly escaped prosecution for corruption. Ma has just been elected chairman of the Kuomintang while holding the ROC office of President despite a campaign pledge not to hold both posts.

Lin is the founder of the Formosa Nation Legal Strategy Association and a spokesman for the Taiwan Civil Rights Litigation Association. The lead plaintiff in Lin v. United States, Roger Lin sought to clarify U.S. responsibility to the people of Taiwan under the San Francisco Peace treaty that ended World War II with Japan. From his jail cell, Chen has made claims that he took orders from the U.S. government during his two terms as President of the Republic of China in-exile.

Lin's legal organization then assisted Chen in filing an appeal to the U.S. Court of Appeals for the Armed Forces which the court refused to accept the day after the U.S. Supreme Court declined to review the San Francisco Peace Treaty in early October. Now both men have been subpoenaed to appear at the offices of Taiwan's High Court prosecutor's office on October 27th to submit to interrogation.

ROC Minister of Justice Wang Ching-feng announced in late September she would investigate Chen for treason in light of his affidavit to the U.S. military court that he was an agent of the U.S. government while serving as ROC President from 2000 to 2008. The United States has continuously used Taiwan as a base of secret operations and at one point during the Vietnam War 10,000 operatives of the Central Intelligence Agency station were based on the island.

Chen's willingness to tell state secrets about hidden U.S. involvement in Taiwan could be a diplomatic bombshell that would shred the "strategic ambiguity" that America has enforced on the island depriving it of full international recognition and ending the Communist claim that Taiwan is a renegade province of mainland China.

Despite U.S. Circuit Judge Brown's admonition to President Obama to act "expeditiously" to end Taiwan's "political purgatory" the White House has been silent on Taiwan's status and the President and Secretary of State Hillary Clinton have bypassed Taiwan on their international travels.
 

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Boston Progressive Examiner

Michael Richardson is a freelance journalist and independent political consultant. Richardson writes about progressive issues, politics and...

Comments

  • Cheng-Kuang Chen 2 years ago
    Report Abuse

    USMG has boosted the ROC in exile to enforce their Ethnic Cleansing harder, after the USA courts denied/dismissed two lawsuits!
    The unlawful bandits group is applying full power to create the atmosphere by the Red controlled Medias day and night saying only Death Penalty in ROC Criminal law art. 104. They already started the psychological pressure per Ethnic Cleansing before the investigation starts.
    This is the Ethnic Cleansing.

    USMG has supervised its proxy [ROC in exile] on Formosa and Pescadores for over 60 years, and betrayed Formosan twice by Formosan feeling. The first betrayed was during 1945 to 2009, i.e. USMG did nothing while ROC Chinese murdered and applied the terrorism rule on Taiwan, and the second time is [Applied the political influences as many Formosans feel, to denied/dismissed two lawsuits.

    Now, two death penalties are coming to Chen, Sui-Bien and Roger Lin because Chinese of ROC in exile has gotten the courage from the attitude of USMG. This is the thir

  • Cheng-Kuang Chen 2 years ago
    Report Abuse

    Continued from the former page:

    Now, two death penalties are coming to Chen, Sui-Bien and Roger Lin because Chinese of ROC in exile has gotten the courage from the attitude of USMG. This is the third time Formosan betrayed by USMG.

    Why USMG has to support the bandit group who do not have the sovereignty and also [in exile] to exercise [The 228 Ethnic Cleansing of Formosan]. The history will keep the record clearly and correctly.

    Le Miserable Formosan, yet, they do not lose hearts. I can hear their voices of [Give us Liberty or Death]!

  • Laohu 2 years ago
    Report Abuse

    Come on folks,

    The whole affair has been one big joke. A-Bian, in his effort to wriggle out of jail and go to some safe haven where he can live the life of luxury with his ill-gotten gains, had miscalculated the strength of his influence on Taiwan's high court full of his appointees. He thought he had a lot of "get out of jail free" cards but he was wrong. He was convicted of corruption much to hsi surprise, but no one else. Suing the Obama administration was his latest and desperate gambit.

    The people of Taiwan as well as Chinese overseas now consider blip in the history of Taiwan.

  • Audrey Deng 2 years ago
    Report Abuse

    If the US President, Obama, leaves Roger C.S. Lin alone, Obama will become a " murder ".

    Ma Yin-Jou is the murder No.1
    Obama will be the murder No.2

  • xedeg 2 years ago
    Report Abuse

    heroes don't fear death so what's the fuzz here?

    Anyways I still want my refund from this big scam!

  • xedeg 2 years ago
    Report Abuse

    "Audrey Deng says:
    If the US President, Obama, leaves Roger C.S. Lin alone, Obama will become a " murder ".

    Ma Yin-Jou is the murder No.1
    Obama will be the murder No.2
    October 20, 12:03 AM "

    Therefore Ma 1st. to be murdered.

    Obama the second murdered.

    So who is the murderer?

    Grow-up kids!

  • atong 2 years ago
    Report Abuse

    news here is abian might file suit against r. lin if he continues to use abian's name in soliciting money.

    this treason article is typical richardson . all fireworks but no fire!

  • refund 2 years ago
    Report Abuse

    refund from kmt's party assets seized and stole from Taiwan!
    Victims of 228 Massacre(s) wait for Ma and his chinese-taipei!

  • fire 2 years ago
    Report Abuse

    when firworks leak out,it creat big fire!
    tiny star fire will inflame!
    watch-out!
    kids

  • murder 2 years ago
    Report Abuse

    who is murdering Taiwan!
    Ma's chinese-taipei
    Hu-Jintao wouls be co-murder!
    who is the third
    xedeg
    or other coorks!

  • Ethnic Cleansing 2 years ago
    Report Abuse

    no body will do it
    only cccp,kmt and all their gangs!
    from Tibet to Urumuqi..
    from Burma to Durfu
    now is Taiwan!
    It is all Ethnic Cleasing!
    wake up human!
    all cccp & kmt gangsters come out to "ethnic cleasin"!

  • atong 2 years ago
    Report Abuse

    atong said
    xedeg is kmt, or cccp!
    mr.Michael Richardson is too good to allow Ma's chinese-taipei & Hu-JinTao
    to say something!

  • political prisoner 2 years ago
    Report Abuse

    I am a political prisoner from
    Urumuqi!
    chinese murdered 300,000 Ugylus people since
    chinese took over E.Turkistan !

  • xedeg 2 years ago
    Report Abuse

    Don't worry! Be happy! Just write a letter to Obama telling him
    he's a murderer and your letter will be like flame that burns your english !

  • dig 2 years ago
    Report Abuse

    dig said
    how about
    Tibet!
    how many Tibetians were murdered or killed
    since Communist China took over Lhasa!

  • Richardson 2 years ago
    Report Abuse

    Mr.Richardson
    you would never survive in communst china,
    if the way you wrote this political article!
    America would not survive,if
    communist china took over U.S.A.!
    the communist gangs is here!
    all freeman stand up!
    ship them back to brijing!

  • english 2 years ago
    Report Abuse

    burning dig english ,is the great job by hujingtao!
    you like chinese-taipei!
    no english,but chinese!

  • xedeg 2 years ago
    Report Abuse

    What about the mother of all 'Ethnic Cleansing' committed by your Chinese ancestors from Fujian against the Indigenous People of Taiwan?

    You are all silent because you are the ancestors of the murderers
    of Taiwan's First Peoples!

  • xedeg 2 years ago
    Report Abuse

    burning you english!
    poor,broken,chinese
    on the night chiago die!

  • xedeg 2 years ago
    Report Abuse

    "Richardson says:
    Mr.Richardson
    you would never survive in communst china,
    if the way you wrote this political article!
    America would not survive,if
    communist china took over U.S.A.!
    the communist gangs is here!
    all freeman stand up!
    ship them back to brijing!
    October 20, 9:36 AM "

    OMG! A fake Richardson talking to Richardson!

    That proves that your very broken english is also caused by a very broken brain!

  • Fuchein refugee 2 years ago
    Report Abuse

    dddeg said there are more than 70 innocent chinese just killed by the waves out side Hatie islands!
    all from Fuchein China!
    they try to come to the U.S.!
    it all murdered by hujintao's cccp!
    communist china murdered more than 80 million Chinese
    since it took over beijing in 1949!

  • brainless 2 years ago
    Report Abuse

    xedeg sent his kinds to school,
    becasue his brainless!
    brainless is worse than broke one!

  • no brain 2 years ago
    Report Abuse

    xedeg stand for communist china!
    the mission he came here,the U.S.
    is to
    "ethnic clensing"
    all Americans!

  • Americans 2 years ago
    Report Abuse

    Americans said
    xedeg make Michael Richardson's artiles
    read by millions of viewers!
    next Pulizer Press Awards winner!
    in 2010,
    Congratulations!
    Michael!
    xedeg make you the winner!

  • congratulation 2 years ago
    Report Abuse

    Congratulation to Michael Ricardson!
    you will be the Pulizer Press winner!
    xedeg made you the one!
    let us have champaigne to celebrate!
    why not have a party!
    make sure invite all your viewers!

  • Fuchein refugees 2 years ago
    Report Abuse

    there are more than 70 Chinese refugees from
    Fuchein,China just drown out Haite islands!
    all murdered by Communist China!
    because most chinese-refugees came here to escape from comminst china!

  • xedeg 2 years ago
    Report Abuse

    I'm enjoying this festival atmosphere here!

    All Chinese posting here are finally unmasked by their very broken english! Hey you can use Chinese if you like! I'm sure Mike won't mind.

  • Uygilus 2 years ago
    Report Abuse

    Uigilus people said send xedeg to Urumuqi!
    no,
    send him to Lahsa!

  • chinese-taipei 2 years ago
    Report Abuse

    chinese-taipei
    hate Taiwan!
    any article mention Taiwan
    have to destory!
    xedeg have a great mission from communist china here!
    to stop all freeman talk about Taiwan!

  • Taiwan 2 years ago
    Report Abuse

    Taiwan is a great country!
    next to China!
    Taiwanese is called Formosan
    friend of Chinese!
    Together Taiwanese and Chinese
    send communist china to the dust of histroy!

  • xedeg 2 years ago
    Report Abuse

    "Americans says:
    Americans said
    xedeg make Michael Richardson's artiles
    read by millions of viewers!
    next Pulizer Press Awards winner!
    in 2010,
    Congratulations!
    Michael!
    xedeg make you the winner!
    October 20, 9:54 AM "

    American? HAHAHAHA! LOL! The way you speaka sounda you mora Chinese!

    "Pulizer Press Awards "!!!!!! ... as in Press the wrong button! LOL!

  • Far Lun Kung 2 years ago
    Report Abuse

    Far Lun Kung said
    in order to send communist china into dust of histroy!
    need Far Lun Kung's help!
    there are more than 300,000 communist spies in America!
    xedeg count one!

  • LOL 2 years ago
    Report Abuse

    LOL will have Fuchien people inside !
    brainless same ass communist china

  • Michael 2 years ago
    Report Abuse

    Michael said
    keep viewing,
    keep writing!
    it takes another 57 articles
    before I win!
    thanks
    xedeg and all viewers
    keep supporting my articles!
    god bless cccp

  • 56 2 years ago
    Report Abuse

    now only need 56
    thanks again!
    it is America!
    god bless America!

  • Daiwan 2 years ago
    Report Abuse

    How about me!
    Daiwan!
    make you 55!
    god bless Taiwan!

  • Michael Richardson 2 years ago
    Report Abuse

    Like the mysterious men in black shirts that disrupt political activity in Taiwan these days the comment box has been visited and rude, off-topic commentary has been made. I have deleted some of it but try to tolerate free expression of views. Comments should be directed to the topic and not other people commenting. If the political operatives continue with the disruptive posts I will assign all commentary to a moderator who will have to approve comments. Comment rules are no threats, no personal insults, no ethinic slurs.

  • xedeg 2 years ago
    Report Abuse

    "Far Lun Kung says:
    Far Lun Kung said
    in order to send communist china into dust of histroy!
    need Far Lun Kung's help!
    there are more than 300,000 communist spies in America!
    xedeg count one! "

    Far Lun Kung ? Aha must be your favorite hot Fujian chicken stew! Or is it your new Kung Fu style? HEHOHAW!

  • Fuchein refugees 2 years ago
    Report Abuse

    there are more than 70 Chinese refugees
    just drowned outside Haiti islands!
    poor Chinese people inorder to
    escape from communist china
    have to risk their life to come to America!
    they don't know
    America also have morethan 300,000 communists here!
    to spy chinese refugees!
    go bless chinese refugees!

  • xedeg 2 years ago
    Report Abuse

    "Michael Richardson says:
    Like the mysterious men in black shirts that disrupt political activity in Taiwan these days the comment box has been visited and rude, off-topic commentary has been made. I have deleted some of it but try to tolerate free expression of views. Comments should be directed to the topic and not other people commenting. If the political operatives continue with the disruptive posts I will assign all commentary to a moderator who will have to approve comments. Comment rules are no threats, no personal insults, no ethinic slurs.
    October 20, 10:18 AM "

    Mikey with due respect please leave all the 'black shirts' dramatics!

    I know that a wise person like you can decipher who this people are by matching their broken english!

  • Boise 2 years ago
    Report Abuse

    Death penalty! Too much sensationalism here.

    Understandable cause the probable suit by Abian VS Lin is more demeaning.

  • sedeg 2 years ago
    Report Abuse

    "Chen's willingness to tell state secrets about hidden U.S. involvement in Taiwan could be a diplomatic bombshell that would shred the "strategic ambiguity" that America has enforced on the island depriving it of full international recognition and ending the Communist claim that Taiwan is a renegade province of mainland China."

    What state secrets ? That Shaq will play for Taiwan's basketball team against Yao Ming?

    Please don't insult us with your fairy tale and 007 bombshells!

    Abian can say whatever he wants and he recently scolded Roger Lin for using his name when soliciting for money. That's why many Abian supporters want a refund.

    Yeah that is also state secret!

  • sedeg 2 years ago
    Report Abuse

    Another 'state secret' was the reminder to Pres. CSB during his first term of office from the AIT.

    The American official supposedly gave Pres. Abian a book about the Falklands war and reportedly pointedly emphasized that some claimants using the name Malvinas made no difference to GB.

    007 fairy tale or true? Hope Abian will shed some light soon.

  • TIm Maddog 2 years ago
    Report Abuse

    Chen didn't call *himself* an "agent" in the original affidavit:
    twurl.nl /zn880s

    Here's the only instance of the word "agent" within:
    - - -
    10. After WWII in the Pacific, the relevant peace treaty is the SFPT. Article 23(a) designates the United States of America as "the principal occupying Power." I believe that the terminology of "the principal occupying Power" has been chosen here because the military occupation of certain Article 2 cessions has been delegated to other countries' troops, in the form of a principal - agent relationship. The military occupation of Taiwan has been delegated to the Republic of China military troops, also known as the Chinese Nationalists. In other words, the ROC is serving as a subordinate occupying power in Taiwan beginning Oct. 25, 1945. When the ROC moved its central government to occupied Taiwan in December 1949, it became a government in exile.
    - - -

    Read the Hanzi version, too:
    twurl.nl /x88240

    Tim Maddog, A Taiwan Matters blogger

  • mr, delete 2 years ago
    Report Abuse

    TIm Maddog says:
    Chen didn't call *himself* an "agent" in the original affidavit:
    twurl.nl /zn880s.

    doesn't matter what you or Chen or Lin says. Obama and Hu will delete it. in fact any opposing opinion will be deleted/censores/blocked. don't follow their example .

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