Appeals Court Examining Taiwan, U.S. Relationship

A former grand justice of the Judicial Yuan, the highest court in Taiwan, was sitting front row today in the U.S. Court of Appeals for the D.C. Circuit to hear argument in a politically sensitive case that drew dozens of observers.

D.C. solo Charles Camp, a specialist in international disputes, was arguing that the Taiwanese are entitled to U.S. constitutional rights because this country has exercised de jure sovereignty over Taiwan since the treaty ending World War II took effect. The San Francisco Peace Treaty says the U.S. is the principal occupying power, Camp argued, and no official act has terminated this position. Courts have power to interpret treaties, Camp said.

U.S. District Judge Rosemary Collyer dismissed the action last year, citing the political doctrine. "The plaintiffs would have the court address a quintessential political question and trespass into the extremely delicate relationship between and among the United States, Taiwan and China," Collyer wrote. "This it is without jurisdiction to do."

Camp’s hurdle on appeal is convincing the D.C. Circuit that while the particular question before the court raises political issues, it is not a political question itself.

He argued the plaintiffs, more than 1,000 Taiwanese citizens, are not asking the court to answer the ultimate political question of who owns Taiwan. Examine sovereignty, Camp told the judges, but do not decide it. Camp cited last year’s Supreme Court decision in Boumediene v. Bush in which the Court extended habeas corpus rights to detainees held in U.S. military confinement in Guantanamo Bay, Cuba.

Judge Thomas Griffith, sitting with Judges Karen LeCraft Henderson and Janice Rogers Brown, said from the bench that “we are reluctant followers of Boumediene ... but we are followers.” He actively questioned both Camp and counsel for the government, Melissa Patterson, an appellate lawyer in the Justice Department’s civil division. Patterson urged the court not to tangle with a political question that is best left to the political branches to decide.

Griffith explored the scope of the constitutional protection the plaintiffs are seeking. The breadth of constitutional rights would be decided in the trial court, Camp said.

Camp characterized the demands of the plaintiffs as fundamental personal rights—including the rights to due process and to travel. The plaintiffs are seeking U.S. passports, which would give them greater freedom to travel. Camp said that some countries do not recognize Taiwanese travel documents. “It’s like showing up with a passport issued by Maryland,” he said.

The appellate judges momentarily held up the start of an unrelated case to allow the large group of observers to leave court. Professor Chung-Mo Cheng, the former grand justice in Taiwan, left with supporters who side with the plaintiffs. The case is Roger Lin, et al v. United States of America.

Comments

[Margaret Lu]

This is what the Formosans really need:

Declaration of Formosan Human Rights 2-5-2009
We, the people of Formosa at home and abroad, refuse being erroneously labeled as
"Chinese nationals", petition for our fundamental right of self-determination, and demand that
the illegitimate regime of the Republic of China (ROC) on Taiwan (Formosa) be terminated
and removed perpetually from Taiwan to Kinmen /Matsu for its joint return to China.
We petition for a Declaratory Judgment of the civil rights of Formosans and a Writ of
Mandamus by the United States (US) Supreme Court to convene the United States Court of
Formosa as a war crimes tribunal for international crimes having been committed by the
Chinese Kuomintang (KMT), or the Nationalists since 1945, including but not limited to
genocide, pillaging and conspiracy for denial of the civil rights of the people of Formosa.
We petition for such rights and seek redress of our grievances and for restoration of our
inalienable civil rights under the territorial jurisdiction of the Military Arm of the US
Government (USMG) over Formosa Cession.
We seek to secure our civil rights, legal protections and due process of law in accordance
with the US Constitution, the San Francisco Peace Treaty (SFPT), Taiwan Relations Act and
the Laws of War.
The United States, as the Allied leader during World War II, was given effective territorial
jurisdiction over Japan and its Pacific islands of Formosa and the Pescadores. The US has
acted as the primary protector of these Pacific islands against all external aggressors since
1945. Thus, we petition the United States, as the Occupying Power of former Japanese
island territories, to forever remove the currently exiled ROC on Taiwan regime for their
crimes of systematic murder and oppression on Formosa and the Pescadores. Moreover, the
USA should forever terminate and banish the ROC ruling authority to jointly return with the
ROC-controlled islands of Kinmen and Matsu to China.
We seek the USMG to officially establish an unique political entity such as the Formosa Civil
Government as the sole, genuine and legitimate Successor composed by the people, of the
people and for the people of Formosans.
We petition that a new Constitution for the Formosa Civil Government be drafted for public
comment and be voted into the supreme law of our land, in accordance with the principle of
self-determination guaranteed under Article 73 of the United Nations Charter. Citizens of
Formosa deserve the equal protections of a new Constitution, with respect for the rule of law,
civil rights and the pursuit of life, liberty, and property, with justice for all.
Our fellow Formosans are peace-seeking freedom lovers. The Formosan people deserve a
free, secure and democratic future without fear of political oppression. Formosan citizens are
eager to bring and maintain peace, stability and prosperity in the Western Pacific region.
The natural beauty of Formosa beckons the spirit of harmonious unity, calling the Formosan
people to come together in solemn HOPE for the Formosa Republic !

[Jerry Tsai]

For last 60 years,
the Formosians are seeking justices for himselevs, including the violations of human rights against the Taiwanese people
under the ruler of KMT (the monoply party that occpy the islands of Taiwan for 60 years)
With bloodly murder & tortured control
most Taiwanese people were brainwashed,and scare to express out who,and what they are!
Under the control all media(s) by KMT,most Taiwanese never learn or know the historical
Taiwan's true status!
Taiwanese people was told Taiwan was own
by Poeple's Republic China. which were found in 1949 on the time Taiwan was Japan's territory islands.
Now it is time the U.S.M.G. coming up
under the SFPT(San Francisco Peace Treaty )
Taiwan's leagl sovereignty is still belongs to U.S.M.G.
Let all the world learn together to find out
this truth,the whole truth,and nothing but the truth!

God bless Taiwan

[cheng Kuang Chen]

Gentlemen:

US DOS repeated a few times saying Taiwan is not a sovereign state and ROC does not own the sovereignty of Formosa and Pescadores.

The truth is the truth, and no one can change the history.

Now, many Formosans started to ask themselves as well as to USA, then, who we are? It is the time for USA, at least, to help Formosan to find out who they are!

Cheng-Kuang Chen
2-5-2009