Former President Chen Shui-Bian is Innocent!
by Kiyasu Oka of www.kiyasugreen.com

This page is last revised on July 24th, 2016 (Sunday).

UPDATE: I used to think about this case every day. However, these days I feel very successful with my life. I seldom or rarely have thoughts related to Chen Shui-Bian. I am more devoted to my career and happiness these days. I believe in the power of both this page and the Taiwan page so much... that maybe these pages will spread word about themselves on their own and that I don't have to think about it any more.

UPDATE #2: Taiwan's situation and matters are so complicated that I went out my way to delete and remove the PDF files I used to have on both this page and the Taiwan page, as well as the "Resources section" that used to be at the bottom. I do NOT want certain people's names on my page any more, especially after incidents that happened behind the scenes! I wish I can remove the video on this page but the content and information in that video is too important. Otherwise, I would have also removed the video. I was so angry that some people who have really, really went out of their way to do SO much for and to rescue President Chen (and seems to be people that both Chen Shui-Bian and his son has personal, close contact with and trusts) turns out to be people that cannot be trusted, and that maybe both President Chen and his son will never be able to see the truth about these people they seem to fully trust. Ugh, I was so angry about this! I do NOT want more people to be "misled" into believing that they helped President Chen, even though they did do so much (and maybe one of the most sincere helpers who put a lot of effort AND interest) to help Chen Shui-Bian! And what is probably worse than this is that the people and friends of mine I am fine with on helping President Chen don't have as much brain as I do to see this truth, especially with how tricky and complicated this already is. Considering all of this and how AWKWARD it is knowing that I cannot "rely" on ANY of my friends for an understanding ear (and it is highly likely that all of my friends who directly helped President Chen still trust THE people and cannot see the truth), I decided I want to minimize contact with everyone from and/or related to the "Taiwan matters" world (HATE to call this "politics" because it is NOT politics to me and I am uncomfortable when a person seems to think my article is about "politics"). My passion and support for President Chen is independent now. If you read this page before, I recommend that you read the whole thing again because I also made updates to various parts of this article.

Below is my article called "Former President Chen Shui-Bian is Innocent!"

---

Introduction and the basics:

Chen Shui-Bian (陳水扁), also known as "Abian" ("Ah-bian") is the former president of Taiwan; he was the president from 2000 to 2008. This page is a result of my work and research on his case. This page is maybe almost everything you need to know to understand what really is going on with the "corruption" cases. Both the Abian case and the Abian cases (扁案) are terms referring to all court cases against Former President Chen Shui-Bian.

During the trials of the “Abian Cases”, only less than 20 people were allowed to attend the court hearing. The coverage by the news media was very limited. Impartial and accurate reports almost did not exist. How many people actual got to listen to the defense by myself and the rebuttal and cross-examination by my lawyers? For those who commented on “the Abian case” loosely, how many of them really know enough details about “the Abian cases”? For one “Abian Case”, one judge sentenced me to life in prison, then another acquitted me; for another “Abian Case”, one judge acquitted me, while another sentenced me to over 10 years in jail. With the verdicts this unbelievably far apart, it is NOT acceptable.

I have another article called, Taiwan is my Country, which is a "maybe almost everything you need to know about Taiwan" guide that also talks about how and why I started working on his case, as well as certain other things. If you are confused or uncertain about Taiwan, then my Taiwan article might be everything you really need to hear to finally understand it all.

Here are the URLs of the video above:
https://www.youtube.com/watch?v=Dwb29IMxxow (English text)
https://www.youtube.com/watch?v=MxaM9M4lEOE (Chinese text)

The case of Chen Shui-Bian has been something my heart had cried over in loneliness; this happened before I knew anything about the case and when I had almost no idea who he is. (I don't watch the news and did not have any interest in Taiwan's history and politics.) I don't like it when one seems to believe this is "politics"; it does not feel right to think that! Actually, this case doesn't need to have anything to do with politics! It has always been a "no one knows the truth about someone who is completely NOT corrupt, and the truth needs to be OUT!" thing. It seems as if everyone hates him.

This case has been a very dark one because even prominent figures and distinguished scholars believe Mr. Chen is "not entirely innocent," and they did not double-check my evidence with a new heart. They probably don't know the truth behind the Swiss Bank and the United States government, and worse is that they seem to have no heart to want to know the truth. How many people actually know about it?

I made the mistake of naturally assuming (without knowing it) that everyone in the video above is supportive of Chen Shui-Bian. It took disappointments and moments of sadness for me to learn the truth: not everyone in the film above believes that he is fully innocent and completely NOT corrupt.

Even though not everyone in the film above believes that Mr. Chen is completely innocent, maybe they at least recognize the need to fight the human rights violations and the judicial abuse. Also, Chen Shui-Bian is NOT in jail any more and most likely won't be going back. He is currently under house arrest. So, he may be "safe" now but some people seem to use this as an excuse for not doing anything else for him. It seems hardly anyone knows the truth behind this case, so my work is on this: spreading and raising awareness of the TRUTH that he is completely NOT corrupt!

After I started working on this case, I realized that it seems as if people hate him so much that they don't know how to do something so basic any more: double-check evidence and facts. Anyone who seems to be "disinterested" or "apathetic" about Chen Shui-Bian or sees him as "corrupt" or "dirty" to ANY degree seemed to never have the heart to do this basic thing.

Maybe trying to tell both the foreigners who are "very knowledgeable" about Taiwan and the native Taiwanese about the truth behind this case would lead to sadness inside me. However, I feel lucky that I mostly cross paths with foreigners who "don't know that much" about Taiwan other than that China is a jerk and Taiwan is a country and that this is common sense. (Maybe this is all that they need to know and that it is a blessing they "don't know that much about Taiwan." These are the people who listened to me about the truth behind the Chen Shui-Bian case. These are the people my heart cried when I thought about them; these are the people I have feelings for.)

Standing up for Chen Shui-Bian has been a very lonely journey, with moments of native Taiwanese people who seemed to have feelings for me suddenly becoming "cold" to me. However, most of my foreign friends are different: they see the truth after I showed it to them, and some would tell me something like this: "I want to thank you for taking the time to let me know about this issue. I really appreciate the work you are doing."

It is also because this case seems to be very tricky and complicated that I find so much meaning and joy in defending his innocence. I find the tears of joy in telling the other foreigners who do not know as much about Taiwan as the scholars and historians, distinguished people, and the native Taiwanese.

One of my dreams is to bring the truth of this case to the international stage; maybe I did not have a single day where I did not think about this case! It is my passion and my dream. It is my vision that the truth behind this case becomes something most of the international audience knows about; it is my dream that the truth of Chen Shui-Bian becomes a common sense thing in the international stage!

It is the small international success I had so far that helps me realize: what I am doing is worth it. (Please never give up because the world needs you for the Chen Shui-Bian case, Kiyasu.)

Chen Shui-Bian (陳水扁) has always been innocent, and in this article, I provide the details and evidence of the truth behind this case!

The reason this case happened is that Chen Shui-Bian advocates the "Taiwan is a country" thing.

Because of this, the Communist Party of China started plotting a plan to destroy him since 2000. KMT is not the only "real criminal" behind this case; it is actually BOTH the KMT and the Chinese Communist Party (CCP).

The Ministry of Justice, Ministry of Foreign Affairs, Ministry of National Security, the United States government, the Singaporean government, and the Swiss Authority (Swiss Bank) have something to do with the fabrication of Solid Evidence for this case!

Because the fabricated evidence of Chen Shui-Bian's "crimes" and "corruption" are SOLID, a lot of people are deeply convinced that his "corruption" and "crimes" are FACTS. However, in this article, I provide the evidence that the "solid evidence" and "facts" of his "corruption" are all forgeries.

KMT carried out this killing Chen mission with major help from CCP.

The prison torture and judicial abuse were all KMT's dirty job to kill President Chen. The political prisoners in China are actually treated better than him. Chen Shui-Bian once stated that he would rather be put into jail by Hu Jintao or Xi Jinping instead of Ma Ying-jeou.

The whole "Chen Shui-Bian is controversial" thing is a part of the trap set by KMT to make people avoid discussion of President Chen; it is a strategy of KMT to make Chen Shui-Bian "more forgotten and unknown." However, once you realize enough about the TRUTH behind this case, Mr. Chen will not seem "controversial" at all any more! I strongly encourage you to talk more about President Chen's truth. Even if friends and family might "grow cold" to you, that is part of what makes this case worth standing up for more; that is what makes the truth even more important to be known.

The TRUTH is that Chen Shui-Bian has always, ALWAYS been innocent! ALL along! However, many people cannot see this truth because the traps and fabrications were very well-plotted. If you think that Chen Shui-Bian did ANY single thing wrong in the past, no matter how small, then I hope this article opens your heart and mind to reconsider your feelings and thoughts about President Chen.

This case is the symbolism of Taiwan's freedom and "democracy" being in danger from China, KMT, the United States, and native Taiwanese who are not firm in recognizing the truth that Taiwan is, in every way, a country.

I believe that awareness of what kinds of things China and the KMT (Chinese Nationalist Party) can do to a person who advocates the "Taiwan is a country" thing has its importance.

In this article, I provide the details I believe are most important for understanding this case.

Actually, Chen Shui-Bian is not controversial!

One of the things KMT wants is to make people think that "Chen Shui-Bian is a controversial subject and figure" so that many people avoid talking about him. This is a part of KMT's strategy and trap.

I believe this case needs to be known more of and that talking about him should be strongly encouraged. I strongly recommend that you talk more about the truth behind this case! Help spread word.

Many people in Taiwan were deeply convinced that Mr. Chen is "corrupt" since maybe 2006. Then through court trials with judicial and law violations, both KMT and the KMT-influenced people managed to get Mr. Chen Guilty verdicts. He went to jail in 2008, and then maybe pretty much everyone, including his friends and supporters, all believing him to be "corrupt" and guilty, forgot about him since then. Chen Shui-Bian suffered from torture and abuse for years while maybe almost everyone forgot about him and abandoned his existence all these years, deeply brainwashed and convinced that he is a "criminal" or "dirty president."

In that same 2008 year, a KMT guy (Ma Ying-jeou 馬英九) wins the presidential election, and that was when the KMT government "gained more power." President Ma might have claimed that Chen has been "doing well" in jail. However, in 2012, Former President Chen Shui-Bian already has health and brain problems. In 2012, the same KMT guy wins the presidential election again.

Also, keep in mind that the other party, the DPP, which is Chen Shui-Bian's party, cannot be trusted, either. I used to make the mistake of thinking or believing that if the "green party" (Democratic Progressive Party) wins the 2016 election, Taiwan would finally be in "better hands" after the 8 years of KMT rule since 2008. However, it turns out that the person who was elected as the president of Taiwan in 2016, Tsai Ing-Wen (蔡英文), is suspicious and has problems. Taiwan's situation and matters is this complicated. Actually, much more complicated than this! (Writing the "UPDATE #2" part above is one of the things I felt important enough to write about... which might also be an example of one of the many complicated things!)

Court room situation and the court cases:
Very few reporters used the seats reserved for them. Usually just one or two reporters. The trial was very long and the reporters only came when there was something important. In Taiwan the journalists do not report inside the court. They don’t report on anything that happens in the courtroom. They do not publish honest reports. Only the eighteen people in the courtroom really know what happened.
In the government affairs fund corruption case Chen offered receipts in an envelope and he asked the judge to open the evidence but he wouldn’t even open it. He was against the evidence provided so he wouldn’t even look at it. Then the case went to the High Court and the judges looked at the evidence in a secret court and found Chen innocent. In the government affairs case Chen was not guilty after they opened the evidence too late. Chen was detained two years and found not guilty; they waited two years to look at the evidence while Chen was in jail. It is unbelievable but it is true.

Judge Hong Yin-Hua (洪英花) made public remarks about the Chen Shui-Bian case, and then she loses her position as Chief Justice.

Judge Hong Yin-Hua affirms that the verdict against Former President Chen is “INVALID FROM THE START.” shows an interview between Judge Hong and Liberty Times about the Chen Shui-Bian case.

Some details about the court cases where Mr. Chen is found "Guilty" in:

Detailed List of All Court Cases against President Chen provides information from his attorney and witnesses about the court cases. The English version is at the bottom.

The truth behind the entire case... revealed!

There is a guy called Yuan Hong-bing (袁红冰) who used to believe that Chen and his family are "corrupt" and was very harsh about it.

He wrote a book called 台灣大劫難:2012不戰而勝台灣 (Taiwan Disaster or The Taiwan Crisis). In this book, he criticized Chen and recommended that "the honorable thing for Chen to do was take his own life in shame." He also talked about China's "United Front" plans to take over Taiwan, based on confidential documents smuggled out of China.

However, after he realized that he was wrong in believing Chen to be a "corrupt" person, he started researching the case. He obtained classified documents about the truth behind the Chen Shui-bian case. He then wrote a second book about Taiwan called 被囚禁的台灣:國共聯手構陷本土政權陰謀侵吞台灣 (Incarcerated Taiwan or The Imprisoned Taiwan) where he reveals secret documents leaked from China.

If you are interested in the books by Hong-bing Yuan (袁红冰), here are their ISBN details:
《台灣大劫難:2012不戰而勝台灣》 The Taiwan Crisis, 2009, ISBN 9789868577107
《台灣大劫難(新編版)》The Taiwan Crisis (new edition), 2014, ISBN 9789868971851
《被囚禁的台灣:國共聯手構陷本土政權陰謀侵吞台灣》 Incarcerated Taiwan, 2012, ISBN 9789574195169
《被囚禁的台灣(新編版)》 Incarcerated Taiwan (new edition), 2014, ISBN 9789868971868

However, in Incarcerated Taiwan, Yuan wrote he visited Chenin prison at the urging of the Dali Lama and suddenly realized he was in error in accepting the prosecution version of the case: “I focused all my attention to read the soul behind his eyes. From Chen's eyes, I saw a deep sorrow but also a truthful and strong will. From that moment, I believe in his innocence because his eyes convey nothing but truthfulness. I started to contemplate why this prisoner in front me would rather be oppressed by all political powers, including CCP*, KMT**, and even the US, than sell out the interest of Taiwan. In no way a person this loyal to the fundamental value of Taiwan would betray his responsibility as a president by embezzling money.”

In his office at Kainan University, Yuan said as he began researching Chen’s case he received a batch of secret documents from sources in China: “I can’t reveal my sources but a large number of classified documents were leaked out. I obtained detailed documentation of the plan to destroy Chen Shui-bian by the Chinese Communist Party. I believe that the "corruption" charge against Chen Shui-bian is probably the worst political persecution in 21st century.

*CPC or CCP = Communist Party of China (Chinese Communist Party)
**KMT = Kuomintang (Kuo Min Tang) of Taiwan [Chinese Nationalist Party of Taiwan]

According to Yuan, Hu Jintao outlined the plan to destroy Chen Shui-bian in a secret meeting of the politburo shortly before Chen left office in 2008. Hu Jintao is quoted providing details of the plot against Chen: “Ministry of National Security was able to discover hard evidence of corruption in the Chen Shui-bian family….The Ministry of Foreign Affairs also attained evidence. After much effort they were able to convince the US government to help us in persuading the Swiss Bank and the Singaporean government to strategically disclose the Chen family corruption and hand the evidence over to the Taiwan judicial authorities.

Hu Jintao continued: “According to our understanding, Chen Shui-bian will be arrested very soon. His arrest will be a huge blow to the Taiwan's Independence forces. It will also strengthen the KMT’s influence in Taiwan.”

Yuan quotes Hu Jintao boasting about secret cooperation with the United States against Chen Shui-bian: “During this time of cooperation, the US also mentioned that international relation conditions are in favor for us to quickly and peacefully settle the Taiwan problem. The US definitely sees “Taiwan's Independence” as a trouble point.”

Under the San Francisco Peace Treaty that ended World War II with Japan, the status of Formosa, now called Taiwan, was left unresolved with the United States as the “principle occupying power.” The Republic of China in-exile is a caretaker government pending resolution of Taiwan’s status.

Yuan wrote in his new book Incarcerated Taiwan about Chen Shui-bian, “This person imprisoned in that torturous cell symbolizes the destiny of Taiwan's freedom.”

“No, Chen Shui-bian did not receive a fair trial. The whole legal process was maneuvered by the Communists.” Yuan said, “I explain all that in Incarcerated Taiwan. Since 2002, Red China has been carrying out a plot against Chen Shui-bian and Taiwan. In 2004, there was the so-called Red Army movement conducted by Former members of the Democratic Progressive Party. In 2008, there was judicial persecution of President Chen Shui-bian. Red China is behind all that,” emphasized Yuan.

“From the legal end, Chen Shui-bian never received a just trial. The theory of democracy in Taiwan has never been fully implemented,” explained Yuan.

“Under the Kuomintang, Chen has not been judged fairly. Although Chen Shui-bian was the president, the whole legal system personnel still belonged to Chiang Kai shek’s regime, under the so-called party-state system,” said Yuan.

Yuan said, “I left China and went to Australia for asylum. When I was at Peking University I had many friends with high-ranking positions with the government leadership. Many high-ranking Chinese Communist Party members, persecuted by the leading power, would give me many secret documents. I had easy access to documents.”

Yuan closed the interview with a message to Americans: “America’s strategy has been made on a wrongful decision. The USSR is no longer the rival target. Now it is international terrorism.
No matter how many terrorists there are they won’t do much harm to America, but China remains a danger.

“Obama and Hu Jintao tried to ally America with China. The American people and the news media say that America is the leader of the free world but they don’t account for the danger. They don’t realize China is a political tragedy embarrassed by competition,” said Yuan.

The connection with the 319 shooting incident (三一九槍擊事件) and more truth... revealed!

Who is behind the jailing and torture of President Chen? The answer is Chinese Communist Party (CCP), according to Yuan HongBing, a Chinese political dissident born in inner Mongolian. Yuan is currently teaching in a college in Taiwan. He claimed on YAM TV on May 18th, after reading the recent leaked documents from China, that CCP started an well-organized plan to bring down President Chen since he was elected in 2000. Yuan admitted that he was wrong in his harsh criticism of the "corruption" of Chen and his family in his book, Taiwan Disaster (台灣大劫難:2012不戰而勝台灣) published in 2009. He asserts now that the "corruption" charges were completely orchestrated by CCP. All these will be discussed in his upcoming new book*.

*《被囚禁的台灣:國共聯手構陷本土政權陰謀侵吞台灣》 Incarcerated Taiwan, 2012, ISBN 9789574195169
《被囚禁的台灣(新編版)》 Incarcerated Taiwan (new edition), 2014, ISBN 9789868971868

According to Yuan, the Communist Party of China is also behind the 3-19 shooting incident (三一九槍擊事件) on March 19th, 2004. It was an assassination attempt on Former President Chen Shui-Bian and Former Vice President Annette Lu, and the suspect of the case, Chen Yi-hsiung (陳義雄), is deceased.

Yuan claimed that CCP was behind the Assassination of Chen on March 19 in 2004 too. The assassin Chen I-Hsiang later was killed by CCP as a cover-up. CCP bribed many retired military generals of KMT and got Lien Chan, the chairman of KMT at the time and the defeated presidential candidate, to start an all out war against Chen, joining forces of media, military, judicial system, politicians, etc. The typical cases were the attempted coup by the red-shirt guard, organized by Shih Ming-Deh and all the bogus charges against President Chen and his family. Yuan acknowledged the will of President Chen to maintain his political stance in protecting Taiwan's sovereignty and dignity despite these all out attacks and his current jailing and torture. What is the fastest way to get President Chen out of jail? It would be that President Chen gives up his political belief and succumbs to Chinese imperialism. Yuan stated that President Chen would not only be released but be promoted to a high position in CCP.

Abuses from the Ministry of Justice (MOJ):

Chen Yao-hsiang, a National Taipei University professor, said the same judge, Tsai Shou-hsun, heard Chen’s state affairs fund case and President Ma Ying-jeou’s special allowance case, which were essentially similar, but handled the trials differently and handed down drastically different rulings.

The trial against Chen was like a trial against a war criminal, rather than a citizen,” said Professor Chen.

Other scholars asserted that “illegal and absurd practices” during Chen’s prosecution included pre-trial detention, extended detention for unconvincing reasons, prosecutors demanding that a witness provide false testimony and forcing Chen’s three-year-old granddaughter to submit as a witness.

Speaking for the book launch one of Chen Shui-bian’s lawyers, Cheng Wen-lung, also known as Jerry Cheng, said that the judicial system is the only institution that has not yet been democratized, as evidenced by the judicial malpractice in Chen’s trials.

On the issue of Chen’s medical parole, Aletheia University law professor Wu Chin-ching was critical of the Ministry of Justice which has been sitting on the issue and said the Ministry was ignoring human rights. Professor Wu said it is not an issue only for the former president, because records show that about 600 of the 900 prisoners who were granted medical parole in the past never made it back to prison.

They all died. They were already very ill and very close to death prior to their parole,” Professor Wu said, adding that Chen Shui-bian’s case demonstrated the necessity of prison reform.

Words from Chen Shui-Bian's diary:

Below is the English version of words from his diary.

President Discretionary Fund Embezzlement Case: First Retrial verdict is Not Quity
The first “Abian case”, which was charged against me after the 2008 presidential election, started out with an indictment in Nov. 2006 by Taiwan High Prosecutors Office (THPO) regarding the use of presidential discretionary fund for national affairs. However, Ma, when he was Taipei Mayor, was also indicted by THPO for his embezzlement of his mayor discretionary fund. The presidential discretionary fund for national affairs is the earliest discretionary fund for government high officials. The difference between the two cases is that when Mayor Ma was indicted, the whole KMT stood firmly behind him and nominated him as the presidential candidate for their party, while DPP chose to distant themselves from me by adopting a “sever-the-ties” tactic. Now, it has become clear that, historically, the use of both discretionary funds were governed by loosely defined rules(1).

In both cases, there was false bookkeeping with bogus receipts. Ma Yin-Jeou deposited the mayor discretionary fund into his private bank account. Each month, he wired NT$200,000 to his wife Chou Mei-Ching. He wired NT$3,000,000 to his sister Ma I-Nan. He paid for his daughters’ credit card charges with his discretionary fund. Tsai Sho-Shiun (the presiding judge) and his joint court acquitted Ma in the name of “mixed use of the fund” and “the Big Dam Theory” (2). However, the same joint court sentenced me to life in prison even though I provided proof for legitimate fund uses to conduct classified diplomatic missions, whose expenses totaled NT$130,000,000, an amount far exceeding the total amount of the presidential discretionary fund. On August 26, 2011, I was cleared for all the embezzlement charges by the first retrial ordered by the High Court.

Note(1): The congress, which is controlled by KMT, passed a new law to “forgive” all the misuses of discretionary funds by all high officials (mostly past KMT high officials), except President Chen and Vice President Lu. The law denotes the misuse as a “historically common practice”. Vice President Lu is now cleared for this charge against her. She asked Control Yuan to investigate Special Prosecutors Panel for abusing its prosecution power.

Note(2): “The Big Dam Theory” was invented by a pro-KMT attorney, Chen C-V, Managing Partner & Chief Counselor of Lee & Li Attorneys at Law to defend Ma. After Ma was found to deposit half of the discretionary fund to his wife’s personal bank account each month for every year when he was the major. He then "denoted" the money he embezzled to two foundations run by his wife. “Judge” Tsai accepted his after-being-caught donation as a legitimate expense and adopted this “Big Dam Theory” to acquit Ma, claiming that as long as the total amount of legitimate expenses exceeds the total of the discretionary fund, it was legal. However, this Big Dam Theory was not applied to President Chen’s case by the very same judge even though there was no evidence that any money from the presidential discretionary fund was wired into the private bank account of President Chen.

Note (3): The High Court invalided the Not Quilty verdict of the first retrial. It is current in 2nd retrial in 2012.

I was acquitted for the charges of embezzling Diplomatic Mission Miscellaneous Fund. This acquittal is final.
This embezzlement charge was pressed against me by the Special Prosecutors Panel (SPP) without merits, building on speculative and falsified evidences.

Note: The Supreme Court acquitted President Chen of any wrong doing in the US$330,000 Diplomatic Mission Miscellaneous Fund case, supporting the decisions by the Taipei District Court and the Taiwan High Court on April 29, 2011. This is a final verdict.

All other “Abian Cases”, except the one related to the presidential discretion fund, are all related to “campaign funds” and “political contributions”. The difference is that the political contributions accepted by KMT are considered as legitimate for compaign, while all my campaign funds, either raised for two of my presidential elections or for candidates nominated by DPP for local elections, are all considered as corruption and bribery money, in exchange for equal valued political and policy favors from me. The Supreme Court Decision #627 clearly defined the powers of the President and the Premier of Executive Yuan under the current ROC Constitution. The Premier of Executive Yuan is in charge of executive functions of the government, while the President is in charge of those specific functions defined by the Constitution and its Amendments. Consequently, the executive powers overseeing, for example, the development of research parks, personnel decision of private enterprises, and mergers of financial institutes are not parts of the presidential powers. In both the Long-Tiang case (1) and the Chen Min-Shin case(2), the judge reached guilt verdicts because the judge asserted that presidential powers were exercised in the decision makings of these two cases. This assertion is clearly unconstitutional and the guilt verdicts are therefore invalid.

Note(1): The Long-Tiang case is related to the development of a research park.

Note(2): The Chen Min-Shin case is related to the appointment of Chen Min-Shin as the head of Taipei 101 tower.

As for the case of “Second Financial Reform” (1) , I was acquitted in the first trial because the judge decided that my presidential powers were not directly involved in the decision making of the above “Financial Reform” and there were no promises of favors in exchange for political contributions from two banks involved. In fact, the political contributions from these two banks, Cathay Financial Holdings and Yuanta Financial Holdings (1), were parts of campaign contributions raised and used for election campaigns over the years. Among them, NT$100 million was used for the 2004 presidential election, while NT$1.3 billion was used for various elections, including county and city mayors elections in 2001, legislators election in 2002, 2005, and 2008, Taipei and Kaohsiung city mayors and city councilors elections in 2002 and 2006 for DPP candidates, as well as pledges to sponsor the candidates of an allied party, Taiwan Solidarity Union (TSU), in 2001 and 2004 (NT$60 million). Specifically, the campaign funds I contributed to several Taipei and Kaohsiung mayors elections were as high as NT$60 million, 50 million, 35 million, and 20 million, respectively. However, these campaign funds I raised were all denounced as corruption and bribery “dirty money” by the prosecution. Some DPP and TSU candidates viewed the same campaign funds that I contributed to them as their fair share and attempted to sever the ties with me to distinguish themselves as “clean” politicians.

Note(1): There were bank mergers involved in “Second Financial Reform” .

I am not connected to the Nan-Kong Case.
I had nothing to do with the Nan-Kong Exhibition Hall case, even though it was counted as one of the “Abian cases”. I was neither indicted nor sentenced for this case. The court found Yu Chan-Shen and Wu Shu-Jen guilty of attempting to profit from others, but the case is currently under appeal by them.

The funds I stashed overseas were intended for diplomatic missions after my presidency.
Among the so called “Oversea NT$700 million”, the court decided that only less than NT$300 million was involved with money laundering, including NT$70 million which was related to Tsai Ming-Tse and his sister. The rest of the fund was found to be legal. When Control Yuan investigated James Soong for his role in the Shin-Piau Money Laundering case, Control Yuan affirmed that unspent campaign funds legally became personal property of the candidate after the election. Because of this legal affirmation, James Soong was not found guilty of money laundering even though he wired NT$380 million to the US using the identities of thirty to forty people. James Soong, the former Governor of Taiwan, reported to the election board that he only raised NT$100 million campaign fund. In fact, his unspent campaign fund alone exceeded NT$620 million. Soong claimed that he was unaware of it because it was his wife who managed the campaign fund. My wife, Wu Shu-Jen, wired unspent campaign funds to oversea banks with an intention to use them for diplomatic missions for Taiwan and for public affairs. In fact, a sum of US$1.9 million was given to Mr. Wu Li-Pei, a former member of National Affairs Council, for classified diplomatic missions. The Special Prosecution Panel indicted Mr. Wu Li-Pei for participating in money laundering but he was acquitted of any wrong doings.

Taipei District Prosecutors found Ma and Kim (1) interfered with the judicial independence. The fact that even prosecutors acknowledged the judicial interference by Ma and Kim, it becomes clear why only six days after I was acquitted for the charges of the “Second Financial Reform Case”, the Taiwan High Court unilaterally (2) reached two guilty verdicts for the “Long-Tiang Case” and the “Chen Min-Shin Case” and sent me to jail immediately without giving me rights to appeal.

Note(1): Kim was the head of KMT at the time. He is a close friend of Ma.

Note(2): The Taiwan High Court reached the guilt verdicts for these two cases in a unprecedented manner. Usually, the High Court returns the case back to a lower court for retrial if it does not agree with the verdict of the lower court.

Koo and Du testified that they were threatened and coerced to testify against me.
In 2008, in the beginning of the prosecution of the “Abian Cases”, the prosecutors of the Special Prosecution Panel called a news conference and boldly pledged that they would resign if they could not bring a conviction of me. Following this news conference, the Justice Minister, Wang Ching-Feng, briefed the case to the secretariat of KMT, Wu Dun-I. Soon after, the prosecutors started an all-out investigation and placed witnesses under custody to build their cases against me. The Premier of Executive Yuan, Liu Chao-Shien, even predicted, in response to legislators’ questioning, that I would be soon placed under custody. It is evident that prosecutors harassed and coerced witnesses to testify against me. For example, Du Li-Ting admitted, during a court hearing, that her attempted suicide was a result of harassment and threats by the prosecution. Jeffrey Koo Jr., his lawyer and CFO of his company testified in a High Court hearing of the “Red Fire Case” that the Special Prosecution Panel asked Koo to testify against me. Koo’s lawyers confirmed that Koo did not remit NT$300 million bribe money to me as alleged by SPP.(1)

Lee Tsei-Mu (2) was threatened by the prosecutors to testify against me or he would be severely punished to an extent that he would lose all of his assets.
After the Special Prosecution Panel brought the charges against me, Judge Chou Chan-Tsun twice released me without bail, but Judge Chou was replaced by Tsai Sho-Shiun and the joint court assembled by Tsai through an executive order. This is a direct violation of the principle of “Legally Assigned Judge” (3). Tsai Sho-Shiun, who acquitted Ma of the Mayor Discretion Fund case, intentionally ignored the evidences in favor of me and even hid an important piece of evidence related to classified documents of “Fong-Ten Project”. Tsai locked this piece of evidence away in a safe to keep it out of the court hearing. Despite all witnesses testified that I owned substantial unspent campaign funds and political contributions, Tsai Sho-Shium simply proclaimed that “There were none!” and sentenced me to life in prison, fulfilling his guilty prejudgment.

Note(1): Koo’s lawyers admitted Koo’s false testimony in May 2011.

Note(2): Lee Tsei-Mu was convicted of accepting bribery money for the development project of the Long-Tiang Research Park. There are video recordings of his questioning and interviewing by the prosecutors in which the prosecutors clearly threatened him to provide damaging testimonies.

Note(3): Article #16 of Taiwan Constitution provides constitutional litigation right to people. This Article emphasizes that in order to protect the constitutional litigation right, the selection process to assign a presiding judge must follow an impartial and open drawing procedure. This is the core value of the principle of legally assigned judge. It is unconstitutional to remove the legally assigned judge through an executive order. Taipei District Court removed the legally assigned judge Chou Chan-Tsun and installed Judge Tsai Sho-Shuin by an executive order based on the decision of a meeting among chief justices subject to external influences without abiding by the rule of law.

One of the things KMT wants is to make people think that "Chen Shui-Bian is a controversial subject and figure" so that many people avoid talking about him. This is a part of KMT's strategy and trap.

One of my dreams is to bring the truth of this case to the international stage; maybe I did not have a single day where I did not think about this case! It is my passion and my dream. It is my vision that the truth behind this case becomes something most of the international audience knows about; it is my dream that the truth of Chen Shui-Bian becomes a common sense thing in the international stage!

It is the small international success I had so far that helps me realize: what I am doing is worth it. (Please never give up because the world needs you for the Chen Shui-Bian case, Kiyasu.)

I believe this case needs to be known more of and that talking about him should be strongly encouraged. I strongly recommend that you talk more about the truth behind this case! Help spread word.

- Written by Kiyasu Oka of www.kiyasugreen.com in November of 2015