Ma's Legal Woes Increase, Hsieh's fall -- and the new CW

Reuters reports on the legal situations of Ma and Hsieh.

Frank Hsieh, of the ruling Democratic Progressive Party (DPP), welcomed the acquittal of the three officials in a corruption trial concerning construction of a subway project in the southern city of Kaohsiung, where he was formerly mayor.

"It proves my innocence," Hsieh said in an interview with cable news network Sanlih, even though his woes are not over.

Taipei prosecutors are investigating Hsieh and other DPP political heavyweights for their use of special funds while acting as government officials.

Hsieh takes a breather, though I find it hard to believe that the largely pro-Blue prosecutorial forces and judiciary aren't going to convict him. Meanwhile Ma took another hit:

Ma has pleaded not guilty to charges he misappropriated T$11 million (US$335,000) from a special fund over five years during his tenure as mayor of Taipei from 1998 to 2006.

In June media surveys showed Ma ahead of Hsieh, but analysts say the presidential elections are highly unpredictable.

Ma has said he will not withdraw his presidential bid if convicted. He was once known for his clean image and his indictment sparked accusations of a political persecution. In a surprise move, Taipei prosecutors pressed additional charges of breach of trust and fraud against Ma on Tuesday.

I find it hard to believe that the largely pro-Blue prosecutor's offices and judiciary are going to convict Ma. But if they don't convict Ma, how will they convict anyone of special funds abuses? After all, no one disputes that the money is actually in Ma's accounts (and his wife's too). The only issue was whether taking it was OK -- and under the law it clearly is not.

MEDIA NOTES: This article has the new conventional wisdom on Hsieh.

Hsieh was widely seen as a moderate compared with independence-minded President Chen Shui-bian, who has tested China's patience and upset the United States by pushing the envelope on formal statehood for the island.

But that perception was undermined when Hsieh pledged in the interview to make Taiwan a "normal country" if he was elected.

OLD CW: Hsieh is a moderate. NEW CW: Hsieh is radical pro-independence nutcase like the dreaded Chen Shui-bian. Oh, the outcry of disappointment! Feiren and myself have been saying for months what would happen when the world discovered Hsieh. The article contains the usual errors:

China has claimed sovereignty over democratic Taiwan since their split in 1949 at the end of the Chinese civil war. The United Nations ousted Taipei in favor of Beijing in 1971 under a "one China" policy which the DPP has rejected.

The United States switched diplomatic recognition from Taipei to Beijing in 1979, but is obliged by the Taiwan Relations Act to help the island defend itself. China's parliament passed the Anti-Secession Law in 2005 mandating war if the island formally declared independence.

China and Taiwan did not split -- they were not together -- it was the KMT and the Communists who split. Bonus error: the writer says the Taiwan Relations Act obliges the US to help defend Taiwan. It does nothing of the sort. It merely mandates that the US President determine whether Taiwan has sufficient defense. It mandates no concrete action on the US part.

[Taiwan] [US] [China] [Frank Hsieh] [Ma Ying-jeou] [Taiwan Relations Act (TRA)]