Friday, July 01, 2022

George H. Kerr, Luis Kutner, and the Chiang Ching-kuo assassination attempt case

I've been reading through some of George Kerr's correspondence concerning the legal issues surrounding the defense of Peter Huang (黃文雄) and Cheng Tzu-tsai (鄭自才), who were arrested for the attempted assassination of Chiang Ching-kuo in New York in 1970. Taiwanese independence advocates in the US hired Luis Kutner, a famous Chicago human rights lawyer, to defend the two. 

When Kerr learned about how much the World United Formosans for Independence (WUFI) was paying Kutner (a $17,000 retainer fee and $3,000 per month plus travel), he was disturbed and wondered if Kutner was just trying to profit off of the situation. He also expressed concern that Kutner seemed to want to use the trial "as a platform for loud charges against the KMT and the Nationalist government and elite" (Kerr to Lung-chu Chen [陳隆志], Jun. 14, 1970). He felt that Kutner wanted to grandstand at WUFI's--and potentially Huang and Cheng's--expense. 

Lung-chu Chen tried to reassure Kerr about Kutner; in a June 30, 1970 letter, he praised Kutner as "a genius noted for successfully handling 'impossible' cases" and someone "who inspires confidence." Chen felt that Kutner's idea of a class action lawsuit against the KMT was novel and that Kutner was "courageous; he is probably the last person the Chinese Nationalists can bribe or intimidate." 

Kerr continued to express serious doubts, particularly on the two points mentioned above: the monetary cost (he felt that if Kutner was so passionate about taking on the KMT, he should do it pro bono) and the great risk that a legal fight against the KMT would do to Huang and Cheng's defense (July 1, 1970). 

By October, WUFI was struggling to continue payments to Kutner. In a letter sent Nov. 23, 1970, Ron Chen (陳榮成) told Kerr that WUFI had terminated their contract with him. 

All of the foregoing (except for the items hyperlinked) come from letters contained in Su, Yao-tsung (蘇瑤崇), et al., ed., Correspondence by and about George Kerr. 228 Peace Memorial Museum, 2000, vol. 2. In my searching for more information about Luis Kutner, I came across a lot, including a report on Kutner released by the FBI saying that 

on 11-3-70 Chinat [Nationalist Chinese/KMT] Ambassador to U.S. advised Bureau representative in strict confidence that Kutner has approached Chinat Embassy offering his services to the Chinats despite the fact that he is currently attorney for WUFI and is defending Peter Huang and CHENG Tzu-tsai, attempted assassins of Chinat Vice Premier CHIANG Ching-kuo, 4-24-70, New York City. Chinat Ambassador stated he is still uncertain of Kutner's motives in such an offer but believes Kutner is only opportunist interested in financial gain.

I'm not sure when WUFI terminated his contract, so I can't tell if Kutner's attempt to offer services to the KMT was revenge for that, or if (even worse) he just wanted to make money off of both sides. Either way, it sounds like Kerr was right to be wary about him.

[There's a lot more that could be said about the CCK assassination attempt and its aftermath, but my main focus here is on the Kerr/Kutner/WUFI connection.]

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