A former U.S. ambassador is fighting criminal charges in Seoul over allegations he repeated about South Korean President Lee Jae Myung, raising diplomatic concerns about free speech, foreign jurisdiction and restrictions preventing an American citizen from returning home.
By yourNEWS Media Newsroom
Former Trump administration diplomat Morse Tan pleaded not guilty Friday, Oct. 16, as his criminal defamation trial began in South Korea, with his attorneys arguing that the country’s courts lack jurisdiction over political statements he made in Washington, D.C., in June 2025.
Tan, who served as U.S. ambassador-at-large for global criminal justice during President Donald Trump’s first administration, has been prohibited from leaving South Korea since arriving in May to observe local elections.
The prosecution has drawn criticism from American lawmakers and religious liberty advocates who question whether South Korea should pursue criminal penalties against a U.S. citizen for statements made on American soil.
According to SBS News’ coverage of the opening hearing, Tan’s defense requested dismissal of the indictment, arguing that South Korean law should not apply to his Washington remarks.
His attorneys further maintained that “there was no disclosure of false facts, nor was there any awareness that the statements were false” or “intent to defame.”
Tan personally rejected the charges during the hearing.
“I believe the content regarding President Lee is true,” he told the court.
The case centers on allegations Tan repeated about Lee’s alleged involvement in serious crimes as a teenager. South Korean prosecutors say the allegations are false and that their investigation found no juvenile detention records supporting the claims.
The accusations concerning Lee have not been substantiated, and AFP previously characterized them as baseless.
Tan originally discussed the allegations during a June 2025 Washington news conference organized by the Korean Conservative Political Action Conference, where participants raised questions about South Korea’s presidential election.
“We’re talking about somebody who has had 12 lawsuits filed against him, five that are still going on,” Tan said, referring to Lee, while criticizing what he described as “a corrupt system” preventing prosecution of the president.
Tan then repeated an allegation that Lee had been involved in rape and murder as a minor and had been confined to juvenile detention.
“I don’t think [this] has gotten a lot of coverage, but it is said” that Lee was involved in those crimes, Tan stated during the Washington event.
Prosecutors contend that the statements spread false information about South Korea’s president.
According to the Korea JoongAng Daily’s reporting on the investigation, authorities examined juvenile detention records and found no evidence supporting the allegations.
The indictment also involves statements Tan allegedly repeated during a public gathering in Seoul in July 2025, according to Korean news reports. That additional allegation complicates the defense’s argument that the prosecution concerns exclusively speech delivered in the United States.
Tan has characterized the proceedings as a “show trial” and warned that he could face up to seven years in prison if convicted.
Speaking to the Daily Caller in September, he described the prosecution of a former Trump administration official as “a punch in Trump’s face.”
His ability to leave South Korea has become a separate legal dispute.
The Justice Ministry imposed an exit restriction after Tan arrived in the country May 28 and reportedly failed to comply with a police summons.
A Seoul court subsequently upheld the travel restriction, finding that authorities had sufficient reason to believe Tan might not return for further proceedings.
The prolonged restriction prevented him from attending his grandmother’s funeral, according to Christian Post reporting.
The State Department has declined to discuss the specific case publicly but indicated that Washington may raise objections when foreign governments prosecute Americans over political expression.
The department told the Daily Caller it “stands ready to raise our concerns directly with foreign governments when they use criminal defamation or similar laws to punish U.S. citizens for political speech,” particularly “for statements made in the United States.”
American lawmakers have also intervened.
In an Aug. 13 letter to South Korea’s ambassador, Rep. Young Kim, R-Calif., raised concerns about Tan’s detention-related restrictions and the treatment of his constitutional rights.
“We have significant concerns,” Kim wrote, describing the handling of Tan’s case as raising “serious concerns about freedom of expression and due process.”
Kim argued that Tan had been speaking as “a private American citizen while in the United States” and warned that the proceedings “could affect perceptions” of South Korea’s commitment to “representative government, individual liberty, freedom of expression, and the rule of law.”
The letter was also signed by Republican Reps. Brian Mast of Florida, Chris Smith of New Jersey and Michael Cloud of Texas.
South Korean Foreign Minister Cho Hyun acknowledged American concerns during an August parliamentary hearing.
“The U.S. side requested a smooth resolution despite our explanation of legal enforcement,” Cho said, according to The Chosun Daily.
“This was not a protest but an effort to address disagreements in South Korea-U.S. relations step by step,” he added.
Separately, House Judiciary Committee Chairman Jim Jordan, R-Ohio, questioned South Korean information laws, warning that expanded penalties for distributing allegedly false information could discourage lawful expression by Americans and foreign media organizations.
Jordan raised concerns about legislation authorizing substantial financial penalties and damages against outlets accused of distributing false or manipulated information.
The broader debate has attracted religious freedom organizations.
The National Association of Christian Lawmakers told Just the News that it is seeking greater public attention and diplomatic engagement.
“Whatever one’s opinion of Tan’s statements,” the organization’s chief legal officer, Bob Ballinger, said, “the treatment of an American citizen over speech made in America deserves national scrutiny.”
Former Sen. Sam Brownback, who served as Trump’s ambassador-at-large for international religious freedom, also criticized the restrictions.
“If he were traveling to North Korea or Russia, I wouldn’t be surprised at all,” Brownback told the Christian Post.
Brownback described the prosecution and other cases involving religious figures as a troubling development for South Korea’s democracy.
Tan has previously called South Korea a “rising dictatorship” and alleged extensive Chinese and North Korean influence over the country’s institutions. Those accusations remain contested.
His case has also become part of a larger international discussion over the treatment of political speech.
In Britain, the arrest of comedian Graham Linehan prompted debate about whether people visiting another country could face prosecution over statements made elsewhere.
British authorities have also pursued legal proceedings involving anti-abortion demonstrations, including a case against activist Isabel Spruce-Vaughan, who pleaded not guilty to additional charges this month.
In the United States, a separate dispute involving attorney Marc Elias and North Carolina’s North State Journal has renewed discussion about the boundaries between defamation claims and political reporting.
Those cases involve different legal systems and circumstances, but advocates have cited them when debating the treatment of expression considered offensive, inaccurate or politically controversial.
The Tan prosecution has generated additional public commentary, including discussion of whether South Korean jurisdiction should extend to statements made in Washington.
A separate social media post highlighted continuing congressional concerns over his treatment.
The central legal dispute remains unresolved. Tan’s attorneys argue that the charges improperly extend South Korean jurisdiction to protected American political expression, while prosecutors maintain that his statements constituted criminal defamation under South Korean law.
American First Amendment protections do not automatically govern criminal proceedings in foreign courts, making the jurisdictional challenge particularly consequential.
Tan remains presumed innocent as the proceedings continue. The court has not ruled on his request to dismiss the indictment, and no conviction has been entered.
The trial now presents a diplomatic and legal test for Washington and Seoul as the two governments consider how to address an American citizen’s prosecution over allegations South Korean authorities say have been disproven.
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