10 Introduction Introduction 11 Frank Hsieh,declared that Chen should "admit his wrongdoings and show remorse to his supporters." vant fact about the judicial system was that the KMT and other parties not In February,Chen's wife,Wu Shu-chen,pled guilty to money launder- aligned with the DPP frequently complained that the Chen administration ing.Chen went on a hunger strike again saying he was innocent and the coerced judges to make many decisions during the period from 2000 to charges made against him were politically motivated.He claimed that the 2008.80 Finally,Taiwan's judicial system was seriously undermined when activ- Chinese government was behind the legal actions against him because it hated him.Taiwan's High Court at this time ruled that he had to stay in ists threatened the life of Judge Tsai Shou-hsun(the judge who ruled on the detention and could not be offered bail.DPP supporters broadcast even Chen case)and his relatives and other judges.Judge Tsai's home was spray more loudly their view that the Taiwan's judicial was manipulated by the painted with obscenities and words such as Tsai"deserved to die."Subse- KMT and was biased against Chen.Again Chen supporters used the victimi- quently a number of judges from the poll of judges to hear such cases de- zation tack. clined to be picked.This appeared to be an effort by the opposition to in- timidate legal authorities;in any case,it had that effect. Notwithstanding the validity and strength of the charges against him, DPP supporters continued to portray the prosecution's handling of the Chen remained a party icon.Many DPP members and supporters saw him as Chen case as judicial tyranny and counter to Taiwan's democracy.Chen's the target of KMT retribution and the strongest voice against China's ex- supporters,charged that the country's democratic system was being under- panding influence over Taiwan.In short,even in the midst of overwhelming mined and that the Chen era saw Taiwan democratize and that progress was evidence that Chen was guilty of corruption and various related charges,an estimated fifteen to twenty percent of his party took his side.74 now being reversed.The DPP blamed the alleged unfair workings of the legal system with Taiwan's "failing democracy"and linked the two to In September,Chen was convicted of the charges against him and given a life sentence.His wife also received a sentence of life in prison.Chen's doubts about Taiwan keeping its sovereignty son received two and one-half years and his daughter-in-law one year. The political situation in Taiwan at this time may be described as mir- roring a severe polarization of views on the legal proceedings against Chen. Prosecutors said Chen had diverted millions from a presidential fund and The KMT and its supporters viewed the evidence against Chen as clear and had received nine million in bribes.Chen contended the punishment was for unimpeachable.Charging him and punishing him was thus simply fulfilling is supporting Taiwan's independence when he was in office.He accused Ma Ying-jeou of putting him in jail"as a sacrifice to appease China.75 Chen provisions in the law and the Constitution.Doing so,moreover,would clean up Taiwan politics and contribute to it's the health of its democratic system. supporters characterized the sentence as overly harsh;they declared that They also perceived that the legal system was working,as it should;it didn't such punishment had never been applied to a former president. Meanwhile,the Western media and some noted Western scholars criti- during the Chen presidency.The DPP,especially supporters of Chen Shui- cized Taiwan's legal system for not being impartial.They and many DPP bian saw the legal action against Chen as persecution and as motivated by supporters in Taiwan complained that because judges are recruited through efforts to get even with him and to make China,who allegedly hated him, an official examination they are beholden to the ruling party.Other critics happy.They,like the KMT,argued that Taiwan's democracy was at stake, but said this was because Chen had consolidated democracy.Both sides said the judicial branch of government is not strong enough or independent enough of the other branches of government (i.e.weak checks and balances). connected the matter to Taiwan's sovereignty to its democracy,with the DPP and Chen supporters saying that the KMT would sacrifice Taiwan and One problem was that Taiwan has been in transition between a judge-based the KMT arguing that its sovereignty depended on Constitutionalism and the inquisitorial system(the German model)and an attorney-based system (like system political system working in an orderly manner.The two sides were at the United States),which confused observers as well as those working in the system.77 a face-off. Who was right?Of course,Taiwan has to be sovereign in order to be On the other hand,it was a pro-Chen Shui-bian,pro-DPP prosecutor, Eric Chen,who made the legal case against former president Chen's wife democratic.China's rule of Taiwan would most likely nullify or at least set when Chen was still president."Not only had Prosecutor Chen been a sup- back its democratization;to the DPP it most assuredly would.But there is a serious problem with this argument.It is essentially this:Outside of Taiwan, porter of Chen Shui-bian,he was highly respected in legal circles in Taiwan who cares?A second problem is:Can the DPP argue convincingly that the for his integrity and efforts to wipe out corruption.He was a founder of the Prosecutors Reform Association and had been instrumental in bringing to Ma administration is destroying Taiwan's democracy?Both are very salient court a number of important cases on political malfeasance.Another rele- questions
Introduction Introduction 13 Other nations in Asia,and/or throughout the world for that matter,have Later Bush administration officials became extremely distraught with not shown much respect for Taiwan's democratization,regardless of how President Chen for provoking China and possibly precipitating a crisis in the impressive it had been.Japan and the nations of Westem Europe are cer Taiwan Strait at a time America was fighting terrorism and was preoccupied tainly not committed to help Taiwan because it is democratic.The United with wars in Afghanistan and Iraq.U.S.displeasure with Chen evolved into Nations had never demonstrated any intent to protect Taiwan's democracy anger prompting the United States to issue ster warnings to President Chen. notwithstanding the fact self-determination is one of its founding principles. Secretary of State Colin Powell even declared at one point,apparently to In fact,it essentially denies Taiwan has sovereignty.Thus whether Taiwan is send a message,that Taiwan does not possess sovereignty.The State De- democratic or not has little if anything to do with its sovereignty at least as partment came to regard Chen's Taiwan as a loose cannon and conveyed this perceived by people or governments outside of Taiwan.85 view to other agencies of the U.S.government,including the military and Only members of the DPP,and more particularly Chen supporters,es- the intelligence community.President Bush even used harsh language to pouse this position to any meaningful degree.The KMT takes the view that describe President Chen.4 President Ma is dealing with China to improve cross-strait relations in order China,of course,reviled Chen for his calls for independence and for ig- to prevent a war,which imperiled Taiwan during the Chen era,and that it is noring agreements that created a"working relationship"-meaning,in par- pursuing policies that will obviate Taiwan's economic or any other kind of ticular,the99Consensus"reached with China before his presidency. isolation.According to KMT spokespersons,these policies will preserve Chinese leaders frequently assailed Chen and his administration with hostile Taiwan's sovereign status.President Ma has consistently said he has no in- words,which the U.S.State Department duly noted and often repeated. tention of negotiating away Taiwan's sovereignty any many scholars support However,there is another possibility in terms of what Chinese leaders him noting that the world's recent historical trend is toward separation,not thought of Chen Shui-bian:They liked him.Why?Because he did severe union.87 damage to Taiwan's economy and thus made Taiwan more dependent upon But are these arguments really germane?Looking realistically at the China economically.Many Chinese leaders at the time perceived that the question of Taiwan's sovereignty,the unvarnished truth is that it singularly way to deal with Taiwan was through economic incentives,and disincen- depends on the United States.If the U.S.were to decide that Taiwan was not tives if necessary,not war or threats of war.Second,President Chen advo- worth defending or that doing so constitutes too big a risk in terms of U.S.- cated the furtherance of Taiwan's democracy.But his governance was cha- China relations,Taiwan would have little recourse but surrender and be in- otic,which caused fewer and fewer in Asia as well as China to think of Tai- corporated by China forthwith.Most experts calculate that that Taiwan can wan as a democratic model.Thus there was shrinkage in the number of sup- defend itself for only a matter of hours or a few days due to China's prepon- porters in China of political modernization Taiwan-style.Finally,as just derance of military might.Few in Taiwan do not realize this,though many noted Chen literally wrecked relations with the United States.Since,as do not want to think about it since it means that Taiwan does not,and cannot, stated,America holds the key to Taiwan's future,notably whether it remains control its own destiny.But this is the truth.90 Furthermore,it is quite clear to most in Taiwan that when he was presi- sovereign or ot,China won a big advantage In any case,after Chen Shui-bian left the presidency,U.S.officials dent Chen Shui-bian seriously soured relations with the United States, breathed a big sigh of relief.National security experts downgraded the thereby weakening Washington's desire and probably its will to support and Taiwan Strait from the number one flashpoint in the world.U.S.-Taiwan protect Taiwan.This decreased the odds of Taiwan remaining sovereign. relations improved markedly. In other words,Taiwan's"democratic hope"(the expectation other countries However,there is doubt about whether this policy shift will be sustained would support it because it was a democracy)for maintaining its sovereignty and Washington will resume its strong commitment to take military action to waned because of President Chen's strained relations with the United States. protect Taiwan if needed,and,therefore,to ensure its sovereignty.There are Early on the main issues were the Chen administration undermining the ca- good reasons to think the Obama administration is less likely to guarantee pabilities of Taiwan's military and intelligence agencies.(Chen and his advi- Taiwan's security.During the campaign,candidate Obama did not address sors perceived that both were staffed and led to a large extent by Mainland the issue (in contrast to Senator John McCain who pledged the use of U.S Chinese that were supporters of the KMT and thus their enemies and pro- support toTaiwan)Candidate Obama rather advocated the restrained and ceeded to purge them).The result was that the U.S.saw the Chen admini- less frequent use of U.S.military power and less aggressive U.S.policies stration as playing the"race card"for its own political benefit while abdicat- throughout the world.This was not unnoticed in Taiwan.He indicated ing its responsibilities as a trustworthy U.S.ally.2
14 Introduction Introduction 15 concern over America's bad reputation (as a bully).He noticeably focused Hence the Congress and the American people have something at stake.This very little on Asian matters.102 will no doubt impact decisions whether the United States should be commit- President Barack Obama has adopted policies that require vast spending: ted to Taiwan and protect it against China's use of military force or pressure on stimulus,energy policy (connected to pollution and global warming), and thus support its sovereignty. health care,and wars in Irag and Afghanistan.The costs of these policies has While it has been argued above that whether Taiwan is a democracy or caused the U.S.to become dependent on China for financial help,thus sig- not is less relevant than many in Taiwan presume (especially the DPP),it is naling the U.S.might not maintain America's policy of checking China's still an important question.Thus,to what extent President Chen and his ad- ambitions toward Taiwan or underwriting the latter's security and supporting ministration advanced the process of democratization,or not,in Taiwan dur- its sovereignty.03 ing the period 2000 to2008 is a vital matter.In the chapters that follow,the Adding to the growing apprehension in Taiwan about U.S.security writer will assess whether Taiwan democratized during the time when Chen guarantees,when in China in November 2009,President Obama signed a Shui-bian was president and trends since his presidency. joint statement with the Chinese government that acknowledged Taiwan was a Chinese"core interest"(which to most readers is understood to refer to a Notes territorial claim on Taiwan).04 He did not mention Taiwan's status or its future being a U.S.interest.He restated support for the "three commu- 1.For a summary of this and previous elections,see John F.Copper, niques"that were said to be the bedrock of U.S.China policy:the Shanghai Taiwan's 2008 Presidential and Vice Presidential Election:Maturing De- Communique (of 1972),the Normalization Agreement (of 1978),and the mocracy (Baltimore:University of Maryland School of Law,2008),pp.3-14 August Communique (of 1982).0Observers had long described all of them For an analysis of the 2000 and 2001 presidential and legislative elections as contributing to better relations with China and not in Taiwan's interest.0 that brought President Chen and the DPP to power and the "consolidation" (The Normalization Agreement stated that Taiwan is a part of China.)Presi- of Taiwan's democracy,see John F.Copper,Consolidating Taiwan's De- dent Obama did not cite the Taiwan Relations Act (of 1979),which in es- mocracy (Lanham,MD:University Press of America,2005).For an as- sence gave Taiwan back its sovereignty in the eyes of the U.S.(after the sessment of how the election impacted U.S.foreign policy,see Kerry Dum- Normalization Agreement took it away)and which is considered to favor baugh,"Taiwan's Legislative Elections,January 2008:Implications for U.S. Taiwan and support its right of existence.107 Policy,"Congressional Research Service,January 22,2008.For a general Congress,which penned the Taiwan Reactions Act and made it law and assessment of the election and its implications,see Jacques deLisle,"E- has since then been protective of Taiwan,is less so now.Republicans,who Notes Kind of Blue?:Implications of Taiwan's 2008 Elections,"Foreign have been more favorably disposed toward Taiwan than Democrats (even Policy Research Institute,January 2008 (online at www.fpi.org). though the Democratic Party was in a majority when the TRA was enacted 2."Chen Steps Down as DPP Chairman,"Taiwan News,January 13, and its leaders were the forced behind it)are in a minority.Finally,Congress 2008(online at taiwannews.com). has been preoccupied with other matters to the extent that is has been paying 3.Some DPP leaders contended the defeat was attributable to the new little attention to Taiwan.All of this is not good news for Taiwan. electoral system put in place before this election.But analysts showed this In this milieu,Ma Ying-jeou and the KMT arguably can better protect instead hurt mainly third parties or smaller parties and independents.Any- Taiwan's sovereignty than the DPP because he can deal more effectively way the DPP had long propounded a change in the method of electing offi- with the United States.Ma and those in his administration understand the cials and had supported this reform.Factional differences in the party U.S.better.Ma was educated in the U.S.and has maintained good relations seemed to also be a factor,but a good part of the reason for this was the with many American officials in the State Department and elsewhere.10s president's sullied image and bad reputation.See Copper,Taiwan's 2008 KMT officials have considerable experience in working with the U.S.coun- Presidential and Vice Presidential Election,pp.10-13. terparts as evidence by the quality of Taiwan's diplomacy in the past(before 4.Taiwan has had direct presidential elections only since 1996.The Na- the Chen administration came to power) tional Assembly elected previous presidents indirectly. In this context the issue of Taiwan democratizing,or failing to do so, 5.See Copper,Taiwan's 2008 Presidential and Vice Presidential Elec- during the Chen years is a salient one.The details are also important.The tion,pp.80-88.Poor governance was also cited.So was the election of 2004 United States was Taiwan's mentor during the initial stages(before the Chen that gave Chen and his running mate Annette Lu a second term.During the era)of Taiwan's political modernization.America was Taiwan's model. 2004 election campaign Chen and Lu were shot the last day of the campaign