What Should Wang Jin-pyng Do Next?

What Should Wang Jin-pyng Do Next?
United Daily News editorial (Taipei, Taiwan, Republic of China)
A Translation
September 9, 2013

Summary: Wang Jin-pyng will be returning from abroad. Charges that he exerted undue influence on the legal system are growing louder. How will Wang Jin-pyng account for his actions? What will he do next? The answers to these questions wil determine how the case against him unfolds. This case has already inflicted considerable damage to Wang Jin-pyng himself and to the nation's constitutional framework. Let us hope that what Wang Jin-pyng does next, minimizes the damage to himself and to the nation.

Full text below:

Wang Jin-pyng will be returning from abroad. Charges that he exerted undue influence on the legal system are growing louder. How will Wang Jin-pyng account for his actions? What will he do next? The answers to these questions wil determine how the case against him unfolds.

Two possibiliities come to mind. One, Wang Jin-pyng-pying can admit to those wrongdoings that have come to light so far. He can express remorse and apologize for his actions. He can chastise himself. He can help make peace between the ruling and opposition parties. He can help the various parties find closure.

Two. Indications are Wang Jin-pyng has chosen a different path. He apparently intends to repudiate the wrongdoings that have come to light so far. He apparently intends to argue that his phone call "merely offered a few words of comfort to Ker Chien-ming." In other words, Wang Jin-pyng intends to spin his story a different way. He apparently has no intention of assuming political responsibility for the case. If he persists, Wang Jin-pyng could alienate the public and diminish understanding and compassion for him. He could incite Blue vs. Green partisan bickering. He could paint the Ma administration, himself, and the public into a corner. The result could be Mutually Assured Destruction.

The first question one must ask is, what are the facts of the case? Parts of the conversation between himself and Ker Chien-ming made public so far prove that "Wang Jin-pyng admitted exerting undue influence on the Ker case, and was later repaid by Ker Chien-ming for what he did." Wang Jin-pyng does not deny making the statements over the phone. But he insists they were "merely words of comfort to Ker Chien-ming." He denied having exerted an undue influence upon Tseng Yung-fu and others. He said he "merely offered a few empty words of comfort to Ker Chien-ming." Tseng Yung-fu and Chen Shou-huang however, said that Wang Jin-pyng never personally talked to them about Ker's case. Tseng Yung-fu said Wang mentioned the fact that the Ministry of Justice budget was stalled in the legislature. Wang Jin-pyng cannot deny that he exerted undue influence on the Ker case. The facts make it impossible for Wang to claim that he was merely offering words of comfort to Ker Chien-ming. His "words of comfort" spin control cannot change the fact that he exerted undue pressure.

Wang Jin-pyng insists he was "merely offering words of comfort to Ker Chien-ming." Wang's crisis management approach is a textbook case of "squid ink tactics." It is not a wise approach. The Special Investigation Unit has recording of three phone calls between Wang Jin-pyng, Tseng Yung-fu, and Chen Shou-huang. It has yet to publish the transcripts. But that does not mean it is unaware of what was said. If Wang Jin-pyng is determined to turn the controversy into a debate about whether he "actually exerted undue influence," he could force the SIU to release those telephone transcripts. That would paint the parties involved into an even smaller corner.

At this point, how should Wang Jin-pyng deal with the matter? The President of the Legislative Yuan is also the Chief Convener of the ruling party legislative caucus. He personally exerted undue influence on the Minister of Justice and the Chief Prosecutor's Office. This is a major incident with constitutional implications. Wang Jin-pyng has four political responsibilities. First, the Legislative Yuan has undermined the constitution's "tripartite separation of powers." Secondly, the President of the Legislative Yuan and the Chief Convener of the DPP legislative caucus have undermined the Legislative Yuan's constitutional ethics and public honor. Thirdly, Wang Jin-pyng is a ruling party legislator without portfolio who is also President of the Legislative Yuan. If he is found guilty of significant constitutional violations, he must answer to the ruling party. Fourthly, judicial independence is the supreme goal of constitutional governance. The public demands it. Wang Jin-pyng must answer to the public in an appropriate manner. Given the situation, Wang Jin-pyng must address his own political responsibility. He cannot dismiss the entire affair with a single, "I merely offered a few words of comfort to Ker Chien-ming." Wang Jin-pyng has no room for denials. He cannot make the same mistakes over again.

Some are already saying that Wang Jin-pyng should resign. In fact, this is precisely what Wang Jin-pyng should do, for the nation, for the constitution, for the dignity of the Legislative Yuan, and for the independence of the judiciary. This is what he owes them, and this is what the public expects. Unfortunately, this may be too much to expect of him. Instead, Wang Jin-pyng may do one of two things.

One. He can boldly face the facts. He can offer an acceptable explanation. He can admit wrongdoing and apologize. The various parties can then cease stonewalling and obfuscating. He can seek public understanding and compassion. He can seize the initiative. As a party member, he can ask the KMT Central Committee to mete out the proper punishment. This would put the ball in Ma Ying-jeou's court. How would Ma deal with it? That may depend on how convincing Wang is before the public. If this happens, the various parties may be able to resolve the matter quickly and avoid digging themselves in even deeper.

Two. Wang Jin-pyng can evade the facts. He can cling to his "I was merely offering a few words of comfort to Ker Chien-ming" spin control. He can encourage the various parties to continue stonewalling and obfuscating. Wang's public image could become even more tarnished. The various parties could find themselves in even tighter quarters. Wang Jin-pyng could turn his personal political crisis into a vicious Blue vs. Green political struggle, one leading to Mutually Assured Destruction.

This case has already inflicted considerable damage to Wang Jin-pyng himself and to the nation's constitutional framework. Let us hope that what Wang Jin-pyng does next, minimizes the damage to himself and to the nation.
 
王金平應當如何自處
【聯合報╱社論】
2013.09.09 01:56 am

王金平將回國，司法關說案亦進入升高放大的情勢。接下來，王金平如何解釋此案，及他之如何自處，將決定此案如何發展下去。

有兩種可能。一、王金平承認了本案迄今呈現的事實，並對自己的行為表達認錯及歉意；然後，或者自行引咎而有所表示，或者藉此營造出一個朝野可能形成的寬容情勢，再與各方在其中尋找轉圜的空間。

二、以目前之端倪，王金平卻好像做了第二種選擇；他似想否認此案迄今呈現的事實，辯稱電話中所說「只是安慰柯建銘的話語」。也就是說，王金平似擬就本案情節提出另一版本，並不準備為本案負起任何政治責任。若循此發展下去，一方面可能會減低王金平獲得的社會諒解與同情，另一方面更可能會添增藍綠鬥爭的火藥，逼得馬政府與王金平及整個社會皆困入牆角，最後甚至可能落得玉石俱焚。

首先要問：本案的事實是什麼？僅就公布的對柯建銘的幾通監聽譯文來看，已經呈現「王金平自承為柯案向曾勇夫關說，後來並回報柯建銘謂曾已處理」的始末。現在，王金平未否認這些電話內容，但辯稱「只是安慰柯建銘的話語」，似意謂他並未向曾勇夫等人關說，只是「哄騙安慰」柯建銘而已。然而，曾勇夫及陳守煌皆未否認王金平親自與他們談到柯案，曾勇夫甚至說，王也同時提及法務部的預算在立法院被凍結事。因此，王金平似乎無法完全否認他為柯案關說的事實；然而，只要有此一事實，就不是辯稱「只是安慰柯建銘的話語」所能推卸。畢竟，「安慰」的說法，不能改變「關說」的事實。

所以，在王金平的危機處理而言，如果想要採取「只是安慰柯建銘的話語」之類的烏賊戰術，恐非明智之舉。比如說，特偵組至少已掌握王金平主動與曾勇夫及陳守煌的三次通聯紀錄，未公布譯文不代表不知其詳；如果王金平欲將情勢導向「究竟有無關說」的事實辯論，即可能又引出了那幾通電話譯文，這必使各方的轉圜空間更形緊縮。

處此情勢，王金平應當如何自處？立法院長為黨團總召的刑案直接向法務部長及高檢署檢察長關說，這是一個憲法層次的重大事件。此時，王金平面對四方面的政治責任：一、立法院長破壞了「三權分立」的重大憲政界際；二、立法院長與民進黨黨團總召，共同破壞了立法院及立委的憲政倫理與社會榮譽；三、王金平以執政黨不分區立委的身分出任立法院長，若有重大的違憲過失，他必須對執政黨有所交代；四、司法獨立為憲政發展的至高目標，亦為國人的共同期待，王金平對國人必須有符合情理的回應。面對這樣的情勢，王金平恐怕只能斟酌自己應當如何負起這些政治責任，而絕無可能用「只是安慰柯建銘的話語」一句話，就將此案輕描淡寫地一筆勾銷。也就是說，王金平應當已無不認錯的餘地，而且，切勿一錯再錯。

已經聽聞王金平應引咎辭職之說；其實，這也應是王金平對國家、憲法、立院尊嚴、司法獨立，及國人期待的合乎比例的回應。然而，這可能是一種奢望。於是，處此情勢，王金平也許有兩種選擇：

一、坦蕩面對，就案情提出一個在情理上可以接受的解釋，並表達認錯與道歉之意，使各方不再陷入硬拗強辯的烏賊大戰，以爭取社會的諒解與同情，然後主動以從政黨員的身分向黨中央自請處分。這是將球發到馬英九的場中，馬之如何處理，則可就王的說法是否對國人有說服力來斟酌。如此，各方或許可以迅速面對善後，避免越陷越深。

二、王金平若想避重就輕，從「只是安慰柯建銘的話語」入手，將各方拉入硬拗強辯的漩渦，則王的社會形象可能更形扭曲，各方的轉圜空間也更形侷促，甚至王金平若將自己的政治危機轉化成挾持政局、藍綠惡鬥的局面，那就可能造成玉石俱焚的苦果。

此案對王金平自己及對國家憲政，皆已造成重大的傷害；希望王金平接下來對此案效應的處理，能夠減少對自己的再傷害，也減少對國家的再傷害。