美國波士頓觀察家報(Boston Examiner情色自拍),於 一月二十八日 新聞報導中指出,美國國務院為情色自拍了深入了解有關「林訴美案」(Lin v USA) - 情色自拍台灣人美國國民護照訴訟案 (Taiwanese US情色自拍 National Passport Lawsuit情色自拍關「林訴美案」(Lin v USA) - 台灣人美國國民護照訴訟案 (Taiwanese US National Passport Lawsuit)的來龍去脈及因應策略,美國新上任的國務卿希拉蕊克林頓,可能出席 二月五日 於美國華府哥倫比亞特區的高等法院上訴庭的口頭辯論。(New Secretary of State Hillary Clinton may want to sit in the courtroom to learn about the case that she no doubt will have to deal with in the future.)
上訴團隊在獲知消息後,正緊鑼密鼓研議,不論國務卿出席與否,團隊都將做最妥善地因應、不敢疏忽。(轉載自:台灣平民政府)
美國波士頓觀察家報(Boston Examiner)報紙原文。
Future of Taiwan at stake in lawsuit over WWII peace treaty with Japan
January 28, 4:20 PM by Michael Richardson, Boston Progressive Examiner
英文原文:波士頓觀察家報 (Boston Examiner )
Little known but very important lawsuit pending in the U.S. Court of Appeals over the peace treaty that ended the war with Japan may force the United States into a confrontation with China over the future of Taiwan located on the island of Formosa .
China's view that the Republic of China, more commonly known as Taiwan , is a renegade province and that Formosa should be "reunited" with the mainland flies in the face with historical fact. China never owned Formosa --the island belonged to Japan and ceded it to the United States in the San Francisco Peace Treaty.
The United States , moving from war with Japan into the 'Cold War' that followed, allowed the Chinese nationalist government fleeing the Communist takeover of China refuge on Formosa . Much to the current dismay of many on the island, the United States opposes nationhood for Taiwan and has kept it from recognition by the United Nations.
The unresolved status of Taiwan became a pivotal debate point in the famous Nixon-Kennedy presidential debates of 1960. Military exercises by the Chinese navy also periodically bring the topic into the news. However, what consistently is overlooked is the actual ownership of the island.
The plaintiffs in Roger C.S. Lin, et al v. United States , pending in the District of Columbia U.S. Court of Appeals, are seeking recognition of the fact that the United States owns Formosa and has never ceded ownership of the island to anyone, including the government of Taiwan . The lawsuit argues that the status of island residents are as non-citizen U.S. nationals entitled to the protection and privileges that accrue to U.S. territorial possessions.
The Bush administration made every effort to get the case dismissed arguing it was a political issue and not a legal matter. In mid-December the plaintiffs responded to the latest attempt to get the case dismissed.
"The government never addresses the central question at issue in this appeal. It fails to recognize that Appellants are seeking multiple declarations, not just one pertaining to noncitizen national status. It fails to understand that the San Francisco Peace Treaty was not modified by any Executive Order of the President or the Taiwan Relations Act of 1979, and remains in full force and effect today."
In an earlier ruling that the case involved a political matter, the U.S. District Court acknowledged the plaintiffs have "essentially been persons without a state for almost 60 years." The matter is scheduled for oral argument in early February. New Secretary of State Hillary Clinton may want to sit in the courtroom to learn about the case that she no doubt will have to deal with in the future.
(Ajin 開口)
以我的判斷,這次辯論庭,無啥結果。倒是最後的判決,我認為一定會說,USMG僅是臨時性地代替盟軍,雖然沒有宣布結束,但並不表USMG所佔領的地區是屬美國,當然居民也不能算是美國國民,所以控訴人不能擁有美國護照,本案控訴無效。(觀看伊拉克的例子)
這樣的判決,合情合理,也合乎現狀。僅說出USMG沒有終止而已。但USMG何時終止,這是有待台灣領土地位釐清後,USMG再宣布退出。這之前,除非有任何想將USMG拉下來的舉動,或不經US同意而變動這佔領區的現狀,目前一切有關台灣內部的統治,均與USMG無關(表示佔領地下的公民自治)。
所以又回到原地,你們三方(台,國,共)自己搞妥吧,搞到大家都滿意了,我USMG就主動宣布退出了。
不管最後審判如何,最壞頂多是宣判台灣人不能自動擁有美國護照而已,不可能因此說將台灣歸屬為北京的領地,所以宣判結果如何,對台派沒有壞的。