Tuesday, September 10, 2013

Ma Ying-jeou: Crossing the Rubicon

Ma Ying-jeou: Crossing the Rubicon
United Daily News editorial (Taipei, Taiwan, Republic of China)
A Translation
September 10, 2013


Summary: The Wang scandal will be dealt with today by the KMT Disciplinary Committee. Ma Ying-jeou and the KMT are having a showdown over national policy. "As president, I could not evade the issue." Ma has burned his bridges. Today's verdict will be a KMT vote of confidence in Ma Ying-jeou. It will reflect the KMT's position on constitutional rule and criminal justice. This is a critical moment in Ma Ying-jeou's political life. It is an acid test for the Republic of China's constitutional framework and rule of law.

Full text below:

Today the KMT Disciplinary Committee will tackle the Wang Jin-pyng scandal. This is a watershed moment in Wang Jin-pyng's political career. Party Chairman Ma Ying-jeou faces enormous political risks. The final resolution of the scandal is no longer in Ma Ying-jeou's hands, but in those of the KMT Disciplinary Committee.

Ma Ying-jeou has turned the Wang scandal over to the KMT Disciplinary Committee. By doing so, Ma is attempting to abide by the principles of the constitution and the rules of the criminal justice system. By doing so, he is also throwing down the gauntlet before the Kuomintang. If the KMT Disciplinary Committee decides against revoking Wang's party membership, and against expelling him from the party, it will amount to a vote of no confidence in Ma. Ma will probably be forced to take a stand and resign as party chairman. If Wang Jin-pyng continues serving as Speaker fo the Legislature, the political situation will deteriorate precipitously. But if the KMT Disciplinary Committee expels Wang Jin-pyng from the party, the political situation may become even more divided. Ma Ying-jeou will be forced to clean up the mess. Therefore no matter what the KMT Disciplinary Committee decides, it will be a headache for Ma Ying-jeou. Ma has come a long way. Yet this is how things have turned out. He is a victim of circumstance, and has little say in the matter.

The influence peddling case exploded. Ma Ying-jeou reacted with utter passivity. Huang Shi-ming seized the initiative and reported the Wang scandal. But Ma Ying-jeou failed to react. Once he became aware of the scandal, he could hardly order Huang Shi-ming to cover it up. In fact, Huang Shi-ming too was passive. The Special Investigation Unit reported the case to him. He could hardly order the Special Investigation Unit to cover it up. That was why once the scandal exploded, Ma Ying-jeou could do nothing more about it. It was a fait accompli. His only recourse was to call for party disciplinary action. After all, this was a major scandal that affected constitutional rule and criminal justice. If Ma Ying-jeou refused to act, the public would say "If Wang Jin-pyng refuses to step down, Ma Ying-jeou must." Just such a demand appeared online the day after the Wang scandal exploded.

Ma Ying-jeou is awaiting a KMT Disciplinary Committee decision. He is about to cross the Rubicon. Cross-Strait policy and judicial reform make up Ma Ying-jeou's political legacy. Ma Ying-jeou need not hesitate or compromise when it comes to the Speaker of the Legislature's influence peddling. The scandal may lead to political divisions, to turbulence over the Number Four Nuclear Power Plant, and TISA. But these are all ephemera. President Ma Ying-jeou champions judicial reform. Aiding and abetting Speaker of the Legislature Wang Jin-pyng's influence peddling would consitute a flagrant betrayal of constitutional rule and criminal justice. It would constitute a permanent blot on Ma Ying-jeou's political record. Therefore upholding constitutional rule and criminal justice means Ma Ying-jeou must cross the Rubicon.

Ma Ying-jeou knows the scandal could lead to political fragmentation. But he also knows that it must be dealt with. Otherwise the public will insist "If Wang Jin-pyng does not step down, Ma Ying-jeou must." Wang Jin-pyng is not under fire for helping Ker Chen-ming win government contracts. He is under fire for violating constitutional law by engaing in "judicial influence peddling." This is an area of constitutional law that has no gray areas. The case is black and white. Ma Ying-jeou has no choice. This is harsh political reality. Therefore Ma Ying-jeou must cross the Rubicon.

Ma Ying-jeou must be feeling both frustration and pity. As mentioned earlier, once news of the scandal broke, Ma became a victim of circumstances. One cannot say he arranged for a "political power struggle." Ma Ying-jeou did not conspire to have Wang Jin-pyng prosecuted for judicial influence peddling. After all, Ma Ying-jeou must deal with the "political power struggle" that will inevitably follow. This was never something he wanted. The scandal has reignited the peculiar partisan politics that plague the Legislative Yuan. It has brought the nation to a standstill. It has torn society in two. Self-styled "champions of constitutional democracy" are now attempting to whitewash the opposition DPP whip's judicial influence peddling. Speaker of the Legislature Wang has provided Chief Convener Ker a bully pulpit. Chief Convener Ker has provided the Speaker of the Legislature Wang political cover as a "champion of constitutional democracy." Had the Wang Jin-pyng influence peddling scandal not exploded, who could have unraveled this tangled web within the Legislative Yuan? Who knew Wang Jin-pyng would blow his own cover, and put Ma Ying-jeou in such an uncomfortable, heroic, and tragic position.

Ma Ying-jeou expressed clear disapproval of the Legislative Yuan judicial influence peddling scandal. This leaves him in an unassailable position regarding constitutional rule and criminal justice. No one, including Wang Jin-pyng-pyng and Ker Chien-ming, can argue that influence peddling by the Speaker of the Legislature and a political party whip is consistent with constitutional rule and criminal justice. Their evasions and self-justifications prove they know judicial influence peddling is a clear violation of constitutional law. Ma Ying-jeou need not apologize for his stand on constitutional rule and criminal justice, to either the public or posterity.

The Wang scandal will be dealt with today by the KMT Disciplinary Committee. Ma Ying-jeou and the KMT are having a showdown over national policy. "As president, I could not evade the issue." Ma has burned his bridges. Today's verdict will be a KMT vote of confidence in Ma Ying-jeou. It will reflect the KMT's position on constitutional rule and criminal justice. This is a critical moment in Ma Ying-jeou's political life. It is an acid test for the Republic of China's constitutional framework and rule of law.

馬英九:破釜沉舟的過河卒子
【聯合報╱社論】
2013.09.11 02:40 am

國民黨考紀會今天處理王金平案,這是王金平政治生命的關鍵一搏,也是黨主席馬英九後果難卜的一場政治大冒險。因為,本案的最後發落,是由考紀會決定,而不是操在馬英九一人之手。

將王案移送考紀會處理,馬英九非但欲藉此在憲政正義上對國人有所交代,也是藉此在國家治理的原理原則上與國民黨攤牌。因為,如果考紀會決議不撤銷或開除王的黨籍,即形同對馬投下不信任票,馬恐怕須以辭黨主席職表達立場;王金平若仍續任立法院長,未來政局亦將愈發不堪設想。相對而言,若考紀會作出撤銷或開除王金平黨籍的決定,後續政局將可能更形破碎,馬英九也必須擔負起收拾的責任。因而,無論考紀會作何決定,對馬英九而言皆是難題;但馬英九走到這一步,卻是勢必出此,也實逼處此,而別無選擇。

關說案發生,在馬英九來說,可謂完全出於被動。黃世銘主動請見並報告王案,馬英九是處於被動地位;在知悉此事後,他能命黃世銘吃案嗎?(其實,黃世銘也是處於被動;特偵組向他報告此案,他也不能命特偵組吃案。)因此,本案的發生,非馬英九所能左右;而既已發生,他唯有訴諸黨紀一途。因為,這是一件涉及憲政正義的超級大案,馬英九若不作處置,接下來的發展必是引爆「王金平不下台,馬英九就下台」的群眾運動。這是王案發生次日即見諸網路的貼文。

此時等待考紀會作出決定的馬英九,猶如破釜沉舟的過河卒子。先說破釜沉舟:兩岸政策及司法改革,同是馬英九的政治命脈,因此不可能要馬英九對立法院長涉及司法關說事有任何「猶豫妥協」;本案即使造成政局破碎,核四、服貿協議增添周折,那畢竟是一時之事,但主張司法改革的總統馬英九倘若包庇縱容立法院長王金平關說,即是對憲政正義的公然背叛,那將是馬英九政治生命的永世恥辱。因此,就維護憲政正義言,此時馬英九當有破釜沉舟的悲壯。

再言過河卒子:馬英九對本案可能造成的政治後果及破碎政局,不會沒有估量;但他亦必深知,倘若不作處理,即可能走上「王金平不下台,馬英九就下台」的後果。王金平今天畢竟不是為柯建銘關說包攬政府工程那類事,而是觸犯了「司法關說」的憲政天條;這是一個「沒有灰色地帶」的憲政禁區,正因本案的此種黑白分明的性質,迫使馬英九別無選擇。因而,就政治現實言,馬英九應當也有過河卒子的無奈。

此時的馬英九,殆是充滿無奈與悲壯的心緒。如前所述,此案之發生,馬實處於被動地位,不能說是他所設計的「政治鬥爭」,畢竟不是馬英九去設計要王金平墜入司法關說。然而,馬英九卻必須面對此案必然引爆的後發「政治鬥爭」,這正是他身不由己的無奈。但在另一方面,本案呈現,立法院的奇異「政黨政治」,幾使國家停擺、社會撕裂的國會生態,原來皆操在口口聲聲「維護憲政民主」、而實際上卻為反對黨黨鞭進行司法關說的立法院長之手。王院長給柯總召的隊伍盡情發揮的舞台,柯總召的隊伍則給了王院長「維護憲政民主」的尊榮形象。如果不是王金平關說案爆發,誰能解開這個「立法院之謎」?豈料,王金平如今自己揭示了謎底,終於讓馬英九站上了化被動為主動的地位,這豈不是馬的悲壯?

馬英九表明反對立法院長司法關說,這使他在憲政正義上立於不敗之地。因為,不論如何,任何一方,包括王金平與柯建銘在內,也不可能主張立法院長及政黨黨鞭司法關說是符合憲政正義的;他們的否認與自我辯解,正證明了他們亦知司法關說是不可觸犯的憲政天條。因而,馬英九對憲政正義的表態,應可向國人交代,也可向歷史交代。

然而,王案今日訴諸考紀會,卻也是馬英九與國民黨在國家治理的原理原則上正面攤牌;「身為總統,我無從迴避」,他已封阻了自己的回頭路。今日的決議,是國民黨對馬英九的信任投票,也是國民黨在憲政正義上的公開抉擇;這是馬英九政治生命續絕明晦的大冒險,也是中華民國民主憲政法治何去何從的大考驗。

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