 |
|
Former President Lee Myung-bak coughs during a press conference held on Jan. 17. Lee has claimed that the prosecutorial investigation against him is, “political retribution.”
|
Arrest warrant could be inevitable after the former president is summoned by prosecutors
The Pyeongchang Olympics are now over – and after what appeared to be a brief respite, the prosecutors have resumed “MB season.” Prosecutors investigating former President Lee Myung-bak did not spend the Olympics period simply watching television. While Yun Sung-bin was skeleton racing, the prosecutors were moving at a similarly swift clip behind the scenes – and now the “finals match” is looming. In the interim, they tracked down suspicious overseas wire transfers by Samsung and call in the former President’s son Si-hyeon and older brothers Sang-eun and Sang-deuk for questioning. Son-in-law Lee Sang-ju was also summoned, and even former lawmaker Kim So-nam, who was reportedly close with former First Lady Kim Yoon-ok, landed in the prosecutors’ sights. It has been a full-scale pressure campaign – and now only one man remains. “We haven’t established [a date for former President Lee’s summons]. That is decided in terms of the investigation’s progress,” an investigation team source said. “And even that may not be provide an answer.” The team’s strategy has been to keep quiet about its schedule until just before the summons notification. Based on precedent, it is likely to go public with the summons date following discussions and a notification around four to six days in advance. (For reference, former President Park Geun-hye received her notification six days in advance, while late former President Roh Moo-hyun received his four days before questioning.) With Lee Myung-bak’s walk before the press cameras now a foregone conclusion, attention is now turning to the prosecutors’ next step – and the issue of whether they will request an arrest warrant after questioning. In light of the accusations to date, that question itself is almost embarrassing to ask. Based on the statements and evidence obtained so far, prosecutors appear unlikely to have any problem proving their charges. And given the severity of those charges, requesting a warrant is a logical next step. The fact that prosecutors listed Lee as the “principal offender” on an arrest warrant for former Blue House general affairs and planning secretary Kim Baek-joon means it would be inconsistent for them to detain asset managers and many other “accessories” without requesting a warrant for the principal offender. This much is a justification for requesting a warrant in terms of the ongoing investigation. Many South Koreans may also sympathize in the interest of correcting past misdeeds and seeing the law applied equally to all. But some among the prosecutorial team are also arguing to need for a political determination – claiming it would pose an untenable burden on the prosecutors to arrest and punish two former Presidents in the space of less than one year. “This is not a time that calls for an investigation with detention due to a flight risk or evidence destruction fears,” a senior official with the prosecutors said. “The investigation is at the final stage, and it’s not at all impossible that the decision will be to go to trial without detention.” Potential for a political backlash from conservative forces Some ruling party figures have also voiced concerns about a backlash. “It may be reasonable for prosecutors to request a warrant, but with two former Presidents both under detention, the administration is going to have a tough time avoiding the ‘political retaliation’ frame,” said one ruling party source. While conservatives in the Liberty Korea Party and elsewhere are sticking to a “wait-and-see” approach for now, the potential for conflict remains if Lee’s arrest is used to rally supporters. Observers have countered that former President Chun Doo-hwan and Roh Tae-woo were both placed under arrest during the Kim Young-sam administration in 1995. Ultimately, the question of whether prosecutors request a warrant is not a simple or problem-free matter to decide. Many among the prosecutors are predicting the decision on Lee’s summons and arrest warrant request will come somewhere around Mar. 15, which is 90 days ahead of the local elections. The reasoning is that the investigation cannot be dragged out with an election looming. Once Lee has been summoned, the decision on whether to request a warrant is up to Prosecutor General Moon Moo-il. In past cases with strongly political impact, the Blue House has often issued “instructions” or “guidelines” either directly or through the Justice Ministry. The latest case has been quite different: the Blue House and Justice Ministry have thus far refrained from any involvement in the investigation, and appear likely to stick to that approach going ahead. In the end, Moon has to base his final decision on discussions with the investigation team under Seoul Central District Prosecutors’ Office chief Yoon Seok-yeol. “Yoon Seok-yeol is not someone who is going to object to the Prosecutor General’s decision, but the Prosecutor General is also not likely to disregard the investigation team’s opinion,” a source with the prosecutors’ office said. “It looks as though the investigation team’s position is going to be the crucial factor for now.” So what is the investigation team’s position? From the mood observed with the team to date, the answer is not hard to guess. But depending on how Lee Myung-bak responds with the remaining time and his future questioning by prosecutors, the mood could either come into sharper focus – or end up in confusion. If Lee continues claiming “political retribution” and denying all charges as he did in a Jan. 17 press conference, it will be that much easier for the investigation team to marshal its opinions. Conversely, some members may waver if the former President owns up frankly to his past misdeeds and vows to “humbly accept the court’s verdict” in exchange for a trial without detention – though his attitude to date suggests the chances of that are slim indeed. By Seok Jin-hwan, staff reporter Please direct questions or comments to [english@hani.co.kr]
