A Premier Not Guilty of Influence Peddling Apologizes to a Speaker Guilty of Influence Peddling

A Premier Not Guilty of Influence Peddling Apologizes to a Speaker Guilty of Influence Peddling
United Daily News editorial (Taipei, Taiwan, Republic of China)
A Translation
September 18, 2013

Summary: Premier Chiang Yi-hua did not commit the crime of influence peddling. Yet demagogues are demanding that he apologize to Speaker of the Legislative Yuan Wang Jin-pyng. This indicates that democracy on Taiwan is actually moving backwards. Right and wrong have been been turned upside down. We remind the public on of Taiwan. Keep a clear head. Do not fall into the politicians' traps. Do not parrot their scripted slogans. Only mature and independent citizens can keep the faith and retain their independence, Only they can prevent democracy from becoming a mirage.

Full text below:

The headline "influence peddling scandal" has replaced "September political struggles." That fact means the public has already forgotten what lies at the heart of the influence peddling scandal. Premier Chiang Yi-hua did not commit the crime of influence peddling. Yet demagogues are demanding that he apologize to Speaker of the Legislative Yuan Wang Jin-pyng. This indicates that democracy on Taiwan is actually moving backwards. Right and wrong have been been turned upside down.

The scene described took place yesterday in the Legislative Yuan. Many people probably no longer feel pain when witnessing such scenes. They feel only a surreal sense of the absurd. The opposition DPP engaged in obstructionism. It trotted out its tired old political tricks. The public no longer falls for them. But this time, political and judicial right and wrong were turned upside down with shocking ease. Guilt and innocence were reversed, overnight. Influence peddlers were able to adopt a posture of self-righteousness. This shows that the dark side of politics on Taiwan is once again on the rise.

DPP officials dressed themselves in black. They occupied the center of the legislative chambers. They shouted "Down with Chiang Yi-hua for violating the law and inciting chaos." They simply copied the trappings of the White Shirts and the Red Shirts. Inside however, their posturing was "content free." Green Camp legislators held up protest signs and posed for pictures in front of Premier Chiang's empty seat. Their antics underscored the fact that they merely "dropped in for a visit." Most appalling of all was a Green Camp list of demands for Premier Chiang. It included a demand that Chiang Yi-hua apologize to Wang Jin-pyng, disband the Special Investigation Unit, and suspend and investigate Prosecutor General Huang Shi-ming. A few short days was all that it took to drop the influence peddling scandal down the memory hole. Those investigating the influence peddling scandal became the whipping boys, the targets of mob passions. Politics on Taiwan is political roulette. The outcome is often more outrageous than outright cheating.

Admittedly, the political situation degenerated to this level in part because President Ma and his administration committed several tactical faux pas. They cannot escape blame for them. For example, they should not have chosen the day Wang Jin-pyng's daughter was getting married to take action. This created a political embarrassment abroad, casting doubt on our democracy and its rule of law. This hurt the feelings of many on Taiwan. The Ma administration should have given the parties a chance to defend themselves. They ordered the Party Disciplinary Committee to act. They gave many the impression they were engaged in political persecution. When party elders came forth to moderate the crisis, the Ma administration should not have allowed Young Turks to behave indiscriminately. That gave many the impression they lacked respect. They should have proceeded more carefully. They should not have imposed such a heavy punishment without first laying the groundwork. They provoked charges that their actions were "unconstitutional" and "disproportionate." Once the court gave the influence peddlers a free pass, they were left without a legal leg to stand on. All of the above have led to increasingly tangled and intractable problems. It makes it difficult for people to sympathize with them.

But let us return to the scandal itself. Let us examine the influence peddling case, from beginning to end. When all is said and done, the facts of the case are crystal clear. Certain technical blunders were made. Certain ways of the world were ignored. Certain peoples' feelings were hurt. But does that mean the original crime has magically vanished into thin air? Consider public perception. Different politicians evince different styles, some hard, some soft. Each have their merits. But from the standpoint of the nation, must public likes and dislikes for certain politicians trump objectivity and right and wrong in public affairs?

The Special Investigation Unit investigated Wang Jin-pyng and Ker Chien-ming for influence peddling. Suppose the Special Investigation Unit had chosen not to report their crimes? Suppose the President had chosen to ignore them? How would the public have reacted then? Would it not have seen the administration's actions as evidence of a white-wash and covering up? The influence peddling scandal has come to light. A political struggle has followed. Yet lo and behold, those who peddled influence have have become the big winners. They are now demanding that the premier bow and scrape and apologize to them. The Special Investigation Unit, which uncovered the crime has fared even worse. It is being accused of "illegal wiretapping" and faces demands that it be abolished, Huang Shi-ming faces suspension and investigation. Will the situation really degenerates to that level? If it does, then there will no longer be any shred of justice to be had on Taiwan. There will no longer be any justice for the justice system on Taiwan to pursue.

The only good news to come out of the current political struggle is that during the struggle, few claimed that "A mainlander president is persecuting a Taiwanese speaker!" This suggests that to some extent Taiwan has left behind the issue of provincial origins. More troubling is the public's preference for "feelings" over right and wrong. This preference led people to dismiss influence peddling as if it were nothing of importance. Is this merely a temporary phenomenon, or is it deeply rooted in democracy on Taiwan? The question is worth pondering. The influence peddling case was so clear cut, so cut and dried. Yet it was given a free pass as a result of peoples' "feelings." Under the circumstances, how long will it be before Taiwan adopts the rule of law?

The political situation remains treacherous. We call on the Ma administration to go by the book, to dot every i and cross every t. You must no longer act recklessly. Only 9% of the public still supports you. A single misstep and you will fall off a cliff. We call on ruling and opposition members of the Legislative Yuan. Do not play games with the nation's political institutions. Wang Jin-pyng has achieved a temporary lead in this game. That does not mean he is home free. More importantly, it does not mean that inaction on the part the legislature is legitimate, or that the legislature may abuse its authority. Quite the contrary. A legislature drunk with power can easily step on a landmine. The pendulum will eventually swing the other way. People will realize that the Legislative Yuan was the real source of the problem to begin with.

We remind the public on of Taiwan. Keep a clear head. Do not fall into the politicians' traps. Do not parrot their scripted slogans. Only mature and independent citizens can keep the faith and retain their independence, Only they can prevent democracy from becoming a mirage.

沒關說的院長須向有關說的院長道歉？
【聯合報╱社論】
2013.09.18 02:08 am

當「關說案」一詞被「九月政爭」替代，人們即可知這次事件最核心的「司法關說」要素，已經遭到遺忘。因此，當沒有關說的行政院長江宜樺，被要求向涉及關說的立法院長王金平道歉，也就意味台灣經歷這次政爭，民主政治其實是在向後倒退，是非價值則被踐踏。

昨天發生在立法院的景象，看在許多民眾眼裡，也許已不再有「痛心」的感覺，而只是感到極度的荒謬與不現實。在野黨的議事杯葛，招術已用老，大家也已司空見慣；但這一次，政治和司法的是非黑白竟然那麼容易被推倒，有罪和無罪的認定竟然可以一夕角色互換，關說者竟能如此義正詞嚴而趾高氣昂，在在讓人看到台灣政治黑色逆流的洶湧。

穿著黑衣的民進黨，煞有介事地站在議場中央高喊「江宜樺違法亂政、下台」，其實只是抄襲了「白衫軍」及「紅衫軍」的形式，談不上任何創意。包括綠委舉著大字報在江揆的空位前輪流拍照留影，顯示這天的意義，對他們而言只不過是「到此一遊」而已。但令人驚悚的是，看看綠營提出讓江揆上台報告的條件，包括江宜樺向王金平道歉、廢特偵組、檢察總長黃世銘停職並接受調查等；不過幾天的時間，關說案不僅被吃得一乾二淨，調查和處理關說案的人竟全部被定調為罪人和打擊對象。台灣的政治輪盤，似乎比詐賭還厲害。

不可否認，政局會陷入如此膠著與倒錯的泥沼，馬總統及其團隊確實犯了不少「技術上」的錯誤，難辭其咎。諸如，不該選在王金平嫁女兒之日，隔海痛斥其為民主法治的恥辱，有悖台灣社會之人情義理；不該不給當事人申辯的機會，即逕向考紀會下達指示，予人片面打壓的印象；不該在黨內大老出面緩頰時，派出左右童子軍胡亂接招，顯得缺乏尊重；不該未經縝密沙盤推演，即輕易作出重懲，而引發「違憲」、「不符比例原則」的批評，同時一遇司法的「假處分」判決即站不住腳。這些，都導致問題愈發糾結難解，也讓民眾難以同情。

但無論如何，回到事件的原點，審視關說案的始末，其間的是非黑白脈絡畢竟相當清晰，難道可以因為處理時的若干技術性問題，或人情世故的考慮不周，就全然抹煞？在民眾的觀感而言，對於不同政治人物的軟硬身段，固然各有好憎；但從國家的立場看，公民難道能因對特定人物的好惡，而對公共事務的是非失去客觀的價值判斷？

試想，當初特偵組查獲王金平及柯建銘的關說線索，如果特偵組不報告，或總統不處理，不會被民眾視為「縱容」或「吃案」嗎？而如今關說案情公開，經過一場政治的鬥爭拉扯，竟然是被控關說的人成為最大「贏家」，要閣揆向其鞠躬道歉；而查出此案的特偵組更遭反控「非法監聽」且被要求撤廢，黃世銘則要面對停職及接受調查的命運。如果情勢真演變成那個地步，台灣政治豈有公理可言？台灣司法又豈有正義可以追尋？

這次政爭，唯一可喜之處是，坊間議論使用「外省總統打壓本省院長」論調者已不多聞，說明台灣或者某種程度已超越了省籍情結。但值得深思的是，民間在此案中對「人情」的重視竟遠甚於「是非」，以致連帶影響了人們對「關說」的容忍度。這究竟只是一時的政治氣氛驅使，或者是台灣民主政治中根深柢固的調性使然，讓人好奇。如此具體的關說案，若竟可因「人情」因素而輕輕放過，台灣究竟要何年何月才能步入法治社會？

無論如何，在當下詭譎的政治形勢中，我們呼籲馬政府必須依體制和程序步步為營，不可再魯莽行事；僅剩九趴的民意支持，一失足即有墜崖的危險。我們也呼籲立院朝野，不要再玩弄國家名器。王金平在此役的暫時領先，不代表他在法理上立於不敗，更不意味議事怠惰的立法院因此增添了任何正當性，而有恣意揮霍的權利。相反的，得意忘形的國會最容易踩到紅線，一旦鐘擺回盪，人民即刻會意識到立院才是禍害之源。

我們也要提醒台灣民眾，必須保持清明，不要隨著政治人物墜入無謂的鬥爭陷阱，或跟著選邊吶喊。唯有成熟及自主的公民，才能堅持信念與判斷，那才是讓民主免於虛幻的憑藉。