Political Reconciliation? Yes. Political Deals? No!

Political Reconciliation? Yes. Political Deals? No!
United Daily News editorial (Taipei, Taiwan, Republic of China)
A Translation
October 7, 2013

Summary: Recall this month's political developments. If all one seeks is an olive branch, it merely proves that the entire affair was politicians making much ado about nothing. The ruling and opposition parties must not forget. People are watching, People are waiting for this drama to end, so that they may finally discern right from wrong.

Full text below:

Speaker of the Legislative Yuan Wang Jin-pyng attempted to exert undue influence on the justice system on behalf of Ker Chien-ming. His action touched off a "September political struggle" which has persisted for a full month. An injunction allowed Wang Jin-pyng to remain in office. Recently rumors have emerged that the KMT intends to drop its appeal against the injunction. It is rumored also that Premier Chiang Yi-hua will meet with Wang Jin-pyng personally. Some are interpreting this as "an opportunity for reconciliation." Reconciliation implies the opportunity to resolve a political impasse. That is something worth looking forward to. But deadlocks must not be resolved by sacrificing right and wrong.

The recent scandal inspired ruling and opposition party efforts to topple Wang and topple Ma. Executive and legislative branch clashes prevent Premier Chiang from addressing the legislature. The situation remains stalemated. Moves for a no confidence vote, recall, and impeachment have also continued. Behind the scenes constitutional wrangling persists. The turmoil has forced the entire country to focus on this issue to the exclusion of all else. The government is on the brink of shutting down. The case is about undue influence on the justice system. But it has since gone off on all sorts of tangents. The original issue has been obscured. Now Huang Shi-ming is being accused of violating confidentiality. The president and the premier are being interrogated. These developments have exceeded anything the public could have imagined.

As a result, President Ma and Premier Chiang have extended an olive branch. From a larger perspective, this is absolutely necessary. President Ma's move to revoke Wang's party membership was fully justified. But party disciplinary measures could not be implemented. Therefore the nation as a whole paid the price. The public considers the harm to the nation's image too great, and the benefits not worth the cost. The public is concerned with economic revitalization. National policy must get back on track. The controversy must be brought back into the system and addressed rationally. If by dropping its appeal the KMT can help this happen, it should do so.

The random gunfire must cease before people can examine the issue calmly and digest it thoroughly. Take the influence peddling case. Ruling and opposition party legislative leaders have yet to make a quid pro quo deal. But the wire tapping transcript makes charges of undue influence on the justice system difficult to deny. The accused have so far feigned innocence. They have yet to offer any convincing explanation of their actions.

Worse, a number of Blue and Green camp politicians have attempted to shirk responsibility, by arguing that undue influence by legislators on the justice system is "standard operating procedure," and a "constituent service." This argument redefines political wrangling as a mainstream social value. If the public buys into it, democracy and the rule of law will be set back decades. Judicial independence will become empty talk. The justice system will become the exclusive domain of politicians, to do with as they please.

Another issue that urgently requires clarification is Special Investigation Unit wire tapping of legislators. The Special Investigation Unit argued that it "got the number wrong," and "did not listen to anything." But whether it listened in intentionally or unintentionally is irrelevant. Its actions made all parties in the legislature uneasy. It led to suspicions of Special Investigation Unit abuse of authority. This cannot be ignored. In a democracy the legislature is supposed to be supreme. Legislative supremacy is as important as judicial independence. Only a legislature free from fear can implement democracy. Yet the Special Investigation Unit inexplicably wire tapped the legislature switchboard. This not only undermined faith in the justice system. It reminded Taiwan of the dark days of the White Terror.

The ruling KMT and Wang Jin-pyng may reconcile. But clarifying right and wrong regarding undue influence upon the justice system remains essential. The KMT must correct the "first convict, then try" aspect of the party disciplinary process. It must also amend the law, ensuring that undue influence upon the justice system is clearly illegal. This will ensure that any power holder or elected respresentative who exerts undue influence upon the justice system pays the price.

Undue influence upon the justice system by legislators is currently punishable only by legislative disciplinary measures. The Legislative Disciplinary Committee must not simply go through the motions. It must determine whether Wang and Ker exerted undue influence upon the justice system. It must determine how they are punished. It must answer to the public .

After months of wrangling, Wang Jin-pyng has been offered an olive branch by the KMT. Perhaps he still feels some residual resentment. But he should examine his own conduct. Does he really believe he did nothing wrong? Does he really believe he did not cross the line? Wang has retained his position as Speaker of the Legislative Yuan. But Wang Jin-pyng must still face the music for undue influence upon the justice system. He must still offer a clear explanation and apologize .

The Ministry of Justice is investigating the wire tapping case. The investigation is in progress. We do not know what the outcome will be. But we must not fail see the forest for the trees. This case revealed that wire tapping is practiced indiscriminately. The revelation is staggering. Technical negligence must be addressed. Legal steps should be taken against the abuse of authority. Wire tapping regulations must be more complete. Only this can protect the people's rights.

Recall this month's political developments. If all one seeks is an olive branch, it merely proves that the entire affair was politicians making much ado about nothing. The ruling and opposition parties must not forget. People are watching, People are waiting for this drama to end, so that they may finally discern right from wrong.

政治可以和解，是非不容妥協
【聯合報╱社論】
2013.10.07 03:41 am

立法院長王金平為民進黨總召柯建銘的司法關說案，引發「九月政爭」之紛擾至今正好滿一個月。連日來，傳出國民黨放棄對王金平黨籍假處分提出抗告，閣揆江宜樺也與王金平會面溝通，輿論以「馬王和解契機」解讀。和解，意味政治僵局有化解的機會，值得積極看待；但要提醒的是，解決僵局的同時，不能以犧牲是非為代價。

此次事件在朝野引發倒王、倒馬的鬥爭，在行政與立法部門間引發讓江揆無法進行施政報告的杯葛，政局癱瘓至今。除此之外，倒閣、罷免、彈劾等種種戰鬥未休，憲政暗潮蠢動。受這樣的風暴影響，舉國上下似乎不再關注其他議題，政務瀕於停擺。此案始於司法關說卻不斷枝節橫生，乃至變形走調，演成黃世銘淪為洩密案被告而總統和江揆因此接受偵訊，均已遠超乎國人想像。

在這種情況下，馬總統和江揆相繼遞出和解的橄欖枝，從大局看，其實是必要的。理由是，無論馬總統鍘王的訴求多麼正當，但因一黨的紀律處分無法貫徹落實，而致要將整個國政賠上，從觀瞻或得失而言，都不符比例原則，也難獲民意認同。尤其，值此民眾殷盼「拚經濟」之際，「停止抗告」若能擺脫國政與之俱沉的泥淖，應該予以肯定，也有助於使爭議回歸制度面的理性討論。

簡單地說，須等四射的亂砲煙硝沉寂之後，民眾才有機會比較冷靜地審視事件本質，並深入咀嚼。以關說案而言，朝野國會龍頭涉及的關說事件雖未查獲「對價關係」，但從監聽譯文看來，「司法關說」的事實很難一舉否認，當事人迄今也一味避重就輕，未對事件疑點作出令人信服的說明。

尤有甚者，日來若干藍綠政治人物為了卸責，不斷散布「司法關說」是「國會議員正常選民服務」的聲音。倘若這樣的說法，竟因政爭的升沉而成為社會的主流價值，那麼，台灣的民主法治不啻將倒退數十年。如此一來，不僅「司法獨立」變成空談，司法更將淪為政治人物予取予求之禁臠。

另一個亟待釐清的是非，是特偵組監聽國會總機事件。儘管特偵組辯稱是「搞錯電話」，且「未監聽到任何內容」；但無論有心或無意，此舉造成立院各黨派的不安，而產生特偵組「濫權」的疑慮，均不容忽視。民主國家「國會至上」的原則，其重要性和「司法獨立」並駕齊驅；唯有免於恐懼的國會，才能實踐民主。特偵組莫名監聽國會總機，不唯自損司法公信，也讓台灣好不容易才清洗的「白色恐怖」陰影再起，令人扼腕！

亦即，無論執政黨與王金平的「和解」要如何開展，釐清「司法關說」的是非，都有其絕對的必要性。國民黨除應設法補正黨紀處分程序中「未審先判」的缺失外，更應積極推動「司法關說入罪」的修法，讓介入司法關說的權勢者或民意代表都必須付出代價。

另外，既然「立委關說司法」目前僅能由「國會自律」處理，立法院紀律委員會也不應虛晃一招，應對王、柯是否實質涉及司法關說，以及應如何懲處，給社會大眾交代。

經過連月角力，王金平面對國民黨拋來的橄欖枝，或許仍有未盡的意氣，但自思在此事件中的作為，難道真的不曾有一刻「超越了司法紅線」？若果真如此，雖然得以保住立法院長權位，王金平仍有義務對「司法關說」，做更清楚的交代甚至道歉。

至於法務部針對監聽案的調查工作，雖仍在進行中，但無論調查結果為何，都不應該「見樹不見林」。此案揭露監聽執行之浮濫、便宜行事，令人瞠目結舌；對此，除了技術疏失的改進，法務更應針對職權行使不當所造成的危害積極補強。唯有讓監聽的法規和執行更加完備，人民的權利才能得到充分保障。

回顧這一個月的政潮，若只求止於遞出橄欖枝，那只證明是一場政客的庸人自擾。然而，朝野都別忘了台下的觀眾，人們還在等著對這場大戲的是非作出評價。