何谓关说？或者说如何处理？ ※ 引述《hifree (hifree)》之铭言： : : → diggershi:简单的说 目前就是立法委员关说不违法 59.120.184.171 09/23 15:32 : : → diggershi:要违也只有内部的相关规定 反正不痛不痒 59.120.184.171 09/23 15:33 : : → diggershi:至於"检察官"本身的问题，当事人记得已 59.120.184.171 09/23 15:34 : : → diggershi:经转送相关部门审理了 59.120.184.171 09/23 15:35 : : → diggershi:就等结果啦。当事人的证言在哪边 冷气 59.120.184.171 09/23 15:36 : : → diggershi:就算证明检察官被关说了. _立法委员 59.120.184.171 09/23 15:37 : : → diggershi:还是无法可罚. _唯一有实质效益的只有 59.120.184.171 09/23 15:38 : : → diggershi:两种 党纪拉下去 跟他自己自动下台 59.120.184.171 09/23 15:38 : : → diggershi:中间少打一句 因为冷气太冷改变说法 也 59.120.184.171 09/23 15:39 : : → diggershi:在那边，应该会有法官或是相关人士去审 59.120.184.171 09/23 15:40 : 其实这个案子刚好可以检视一下何谓妨碍司法公正的关说 : 在国外立法例下 : 妨碍司法公正的正式定义为「具有妨碍司法公正倾向及意图的作为、一连串的作为 : 或行为」（an act, a series of acts, or conduct which has the tendency and : is intended to pervert the course of justice）具体表现在任何一种下列的行为： : 中止刑事检控以换取报酬 : 提出虚假的指控 : 向调查人员提供虚假的陈述 : 刻意协助他人逃避追捕 : 恐吓、胁迫或骚扰证人 : 证人故意不出席聆讯，以换取报酬 : 捏造、藏匿或毁灭证据 : 发布文章，刻意妨碍司法公正 : 不当地中止检控 : 使原来可能得以提出检控的法定程序受挫 Hifree 不愧是懂美国的人，一个实际案例刚好替 hifree 作注脚： 来源： http://en.wikipedia.org/wiki/Pete_Domenici#Department_of_Justice_controversy (原文有点长，我重点解说） Prior to the 2006 midterm election Domenici called and pressured then-United States Attorney for the District of New Mexico David Iglesias to speed up indictments in a federal corruption investigation that involved at least one former Democratic state senator. When Iglesias said an indictment would not be handed down until at least December, Domenici said "I'm very sorry to hear that" — and the line went dead. Domenici's telephone manners were the subject of a later article in The Albuquerque Journal, which quoted numerous other sources whom Domenici had treated rudely by hanging up after making a point or receiving an unsatisfactory answer. 简单地说，参议员杜曼尼的竞争对手因为贪污被检察官调查，杜议员就打电 话给检察官，希望他赶快处理，最好赶在11月选举前。检察官不鸟他，回覆 说最快得12月才能侦结 Iglesias was fired a little over one month later by the Bush Administration. A communication by a senator or House member with a federal prosecutor regarding an ongoing criminal investigation is a violation of ethics rules. 重点是，一个月以後该名检察官就被布希政府开除了！ In a March 2007 statement, Domenici admitted making such a call.[20] House Judiciary Committee Chairman John Conyers, D-Mich., issued subpoenas to require Iglesias and three other ousted U.S. attorneys to testify before Congress.[21] Domenici later admitted calling Iglesias, though Domenici claimed he never used the word "November" when he called Iglesias about an ongoing Albuquerque courthouse corruption case.[22] Domenici has denied trying to influence Iglesias, and has hired lawyer K. Lee Blalack II to represent him.[23] According to the Justice Department, Domenici called the Department and demanded Iglesias be replaced on four occasions.[24] According to The Washington Post, on the day of the firing (December 7, 2006) William Kelley, a deputy to then White House Counsel Harriet Miers, said in an email that Domenici's chief of staff was "happy as a clam" about the Iglesias firing. A week later, a Justice Department email to the White House counsel stated: "Domenici is going to send over names tomorrow (not even waiting for Iglesias's body to cool)." 这里的重点是：有关系就没关系，没关系就有关系。你检察官哪有我参议员 大？一通电话就把你开除了！ On April 24, 2008, Domenici was admonished by the Senate Ethics Committee for "inappropriately" contacting in 2006 one of the nine U.S. attorneys later fired by President Bush.[16] 所谓的国会自律，仅值一纸不痛不痒的警告。 The light punishment came after the committee found “no substantial evidence” that Domenici tried to influence attorney David Iglesias when he contacted him to inquire about the status of a 2006 investigation into corruption charges on a state Democratic official. A possible indictment could have buoyed the re-election hopes of Rep. Heather Wilson (R-N.M.), who was seeking to replace Domenici when the senator retires after his current term. Iglesias charged that Domenici and Wilson were pressuring him to wrap up the investigation before that November’s elections, a violation of ethics rules.[20] The Ethics Committee said that Domenici’s phone call to Iglesias, in advance of an upcoming election, “created an appearance of impropriety that reflected unfavorably on the Senate”.[20] In July 2010, Department of Justice prosecutors closed the two-year investigation without filing charges after determining that the firing was inappropriately political, but not criminal, saying "Evidence did not demonstrate that any prosecutable criminal offense was committed with regard to the removal of David Iglesias. The investigative team also determined that the evidence did not warrant expanding the scope of the investigation beyond the removal of Iglesias."[26] Domenici said of the closed investigation, "The Justice Department has now confirmed what I have always said and believed: I never attempted to interfere with any government investigation. I am glad that this matter has concluded."[26] 後面细节就不多翻了。 总之，这羣人 (foreign or domestic) 对关说司法个案的态度就是如此。从制度面到现实 面，一路走来始终如一。 我的心得是，这羣人一旦掌握了权力，大家真的只好个人顾性命。 --

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