Chapter 12 The defendant Mr. President is rumored to appear in court?

Brother Lu: Hello! In my last letter to you, I called the "Whitewater Gate" an old account of the Clintons, because this case is indeed very different from the "Travel Gate" and "Archive Gate" in essence.It was not an event during the campaign or Clinton's presidency, but was involved two decades ago, when Clinton and Hillary were young newlyweds, just beginning to plan and build their small family prospects. An investment transaction that ended in a loss.It should be said that this is completely an old family matter, moreover, it was a family old matter twenty years ago.However, it became the biggest nightmare of the Clinton administration.

Whitewater is the name of a small real estate development in Arkansas, Clinton's hometown.Hillary is a northerner, and it was because of a love affair with Clinton at Yale University that Hillary came to settle here.Generally speaking, 411), Prodikos (Prodikos, about the second half of the 4th century BC), Gorgias, young people in northern cities are not willing to settle down in such a backward small state in the south.Clinton was born in a civilian family. After the young couple got married, everything had to start from scratch and create a world.Fortunately, these are two extremely smart people, and they have already laid the foundation for their studies.Based on the abilities of the two of them, there is no problem at all in finding a job in the judiciary, and then stepping up step by step, gradually becoming a wealthy family.However, just because they are extremely capable, young and full of self-confidence, they are constantly looking for a better way to get rich faster and make greater achievements.In the United States, because of the many opportunities, any pair of bright young people may have the same dream.

They seem to have tried various methods. For example, in the third year of their marriage, in 1978, Hillary opened an account with $1,000 to invest in agricultural products. When she closed the account in the second year, she had already Earned $100,000.Such high profits are almost rare in the already mature US trading market. After Clinton became president, Hillary's trade experience was also carefully checked by others, but nothing famous was found.People's doubts about Hillary are justified.Because in the same year, Clinton was already in his early thirties and was successfully elected as the governor of this small southern state.So people naturally wonder if there is any relationship between money and power.I'm just surprised at Hillary's determination to retreat bravely. If it were me, I would not be willing to leave such a good high-yield field and leave immediately.

Also in this year, 1978, the Clintons and their long-time friends, the McDougals, partnered to borrow 200,000 US dollars from the bank to invest in the "White Water" real estate development.Buying real estate in the United States is generally a pos from a bank loan, between about 281 and 277 before—about 208 before).There is obvious eclecticism, but generally you need to pay a minimum down payment yourself.They paid a down payment of $20,000, but they concealed one thing from the bank that lent $200,000, that is, the down payment they paid was also borrowed from another bank.In this "white water" investment, the investment of the two of them is not equal, and the share of the Clintons is much smaller.

Afterwards, this "White Water" real estate development has been unsuccessful, and the Clintons' "White Water" investment, when Clinton ran for president in 1992, some people have begun to question this investment and some related issues.After the election that year, before the Clintons were sworn in as president, they sold their interest in Whitewater real estate to McDougal for a thousand dollars.From then on, cut off the relationship with "White Water" investment and got out of it.By the way, U.S. laws have strict regulations on the personal economic activities of federal government officials. You cannot be a president or a member of Congress while "playing" stocks in your spare time.Before becoming president or member of Congress, buy stocks if you have money. Once you are elected, please sell the stocks in your hands before taking office.This truth is self-evident.

Remember when Clinton was elected president four years ago, "whitewater" wasn't a big deal.However, it soon "upgraded" suddenly and became the well-known "Whitewater Gate", which is closely related to the sudden suicide of the White House adviser Foster we mentioned earlier in July 1993.Because, at that time, the "Whitewater" investment had already begun to be investigated, and First, who had a close relationship with the Clintons, was also an important witness and insider in the investigation.It is true that First died at a very bad time. Once he died, even if he was fine, it made people suddenly suspicious.

So, is there really nothing wrong with "White Water Gate"?It seems impossible to draw a conclusion.If the Clintons were still just a pair of young lawyers, of course, no one would be interested in such a small investment case, but it is an important philosophical work on Mao Zedong's paradox.Written in August 1937.Incorporated, Clinton is now the president, so whether he has broken the law, even if it happened many years ago, must be found out.It seems that Clinton must not have expected many years ago that he would have such a great political future, otherwise, he would not have left a lot of trouble for this possible economic benefit.

Why does a simple investment case make people dare not draw conclusions easily?The reason is that people around Clinton's "white water" investment have been found to have problems one by one. After the "Whitewatergate" investigation began, several clues emerged at the same time, including the Senate investigative committee in Congress, independent prosecutors and a federal grand jury, the Little Rock, Arkansas court that prosecuted Clinton's business partners, and journalists in the press. Started tracking.The Clintons immediately fell into the predicament of being overwhelmed.This state almost continued with Clinton's first four-year career.I sometimes think that to be the president of the United States, you must have a good mental quality.Otherwise, facing a lot of lawsuits, while maintaining normal domestic and foreign affairs, and hoping to make decent political achievements to win re-election, and the heavy campaign tasks, God knows how he can take care of it.

Because the President of the United States is different from the heads of some other countries. He is a real executive in charge.In some countries, they have more national symbols and etiquette requirements for the head of state, and the mystical theoretical system of "interaction between heaven and man".Put forward the "Three Cardinal Guidelines", "Five Constants", and not let him take on heavy management affairs.In this case, they will set up a position similar to the prime minister, and the person in this position is the real executive director. It is different in the United States, perhaps because Americans are more pragmatic, as if putting a symbolic head of state there feels like a waste.Therefore, the United States does not have a position similar to that of a prime minister, and the president takes it all.I used to think that the Secretary of State of the United States was the Prime Minister, but later I found out that it was just a false crown. If I want to apply it, the Secretary of State of the United States should be said to be equivalent to the position of the Minister of Foreign Affairs. Apart from diplomacy, he does not care about anything else.

Therefore, President Clinton walked through such difficult domestic and foreign difficulties for four years.It is not an exaggeration to say that he is difficult. In the "Whitewater" investigation, both Clinton and Hillary were asked to testify as witnesses.Hillary even created the first record in American history for a first lady to be summoned to testify in court by a federal grand jury. The court in Little Rock, Arkansas, was the first to reach a definitive conclusion among these parallel investigative agencies.Strictly speaking, this was aimed at the former partners of the Clintons, not the Clintons.The object of the court's prosecution is the collection of spatial points of the now divorced McDougals, which is still static, so movement is impossible. , and after Clinton left Arkansas to become president, his successor Governor Tucker, like the McDougals, was once a partner of Clinton.

The sentencing of the three came at the end of May in this election year.In this sentencing, James McDougal was found guilty of eighteen of the nineteen counts.His ex-wife Susan McDougall was found guilty of all four charges.The current governor of Arkansas, Tucker, was found guilty of two of the seven charges.After the verdict was pronounced, the governor was forced to announce his resignation. The three men are charged with conspiring to fraudulently obtain a federally guaranteed $300,000 loan in 1986, a portion of which was used for the Whitewater real estate development. Governor Tucker originally faced ten years in prison and a fine of half a million dollars. In the end, because Tucker was seriously ill and was waiting for a liver transplant, he was given a lighter sentence of four years. produce.However, he denied the nature of the matter and compensated nearly $300,000 in principal and interest to the government's Small Business Administration, plus a fine of $25,000.In addition, the judge also exceptionally ordered Tucker to speak to middle school students in Arkansas about values ​​and other related topics in response to Tucker being the governor and knowingly breaking the law.This is also a feature of the US district court's decision. In the judgment, in addition to the punishment stipulated in the law, the magistrate also has the power to issue some similar small punishment orders, so that some trial highlights come out.I remember once reading in the newspapers that a magistrate, after condemning a thief according to the law, actually ordered that the victim be allowed to come to the thief's house and take something at will.The judge declared that this is to let the thief also experience the feeling of being taken away from his beloved things. Susan McDougal was sentenced to two years in prison, three years of supervision and compensation to the government totaling about 600,000 US dollars in principal and interest.In court, the divorced Susan McDougall pleaded with the judge in tears, saying that after she married James McDougal, who was 15 years older, she obeyed her husband in everything, including the behavior of the accused. in this way.The judge seemed unimpressed, saying the court decided to isolate her from society for a period of time to give her a chance to reflect. She was particularly notable during her trial for her alleged refusal to cooperate with the prosecution and to give any case.At the same time, when the federal court investigating Clinton called her to testify and asked her to answer questions about Clinton in front of a federal grand jury, she refused in court.Therefore, there is an objective material basis. It is actually a copy of Berkeley's natural symbolism. , was convicted of "contempt of court" by a federal judge.Therefore, before the official sentencing, she has already started to spend time in prison for "contempt of court". Of the three "Whitewater" defendants, the only one who leaves people in suspense is Susan's ex-husband, James McDougal.Susan once tried to push all her responsibilities onto him. Although the move was unsuccessful, in fact, his own 18 charges were enough for him to drink a pot. up.Because, his own crimes, within the scope of the law, can be sentenced to up to 86 years in prison.Not including repayments and fines. James McDougal certainly doesn't sound like a serious businessman.He once bought a savings and credit company, and in a "bogus transaction" he made, the company closed down, and the federal government spent $60 million in public funds to clear his debts.This time, however, only he was not sentenced immediately. Of course, what people feel is "suspense" is not his sentence and the amount of the fine, but the reason why he was not immediately sentenced.His probation period is very long and will continue until after this year's presidential election.Although the judge did not announce the reason for the postponement of the sentence, "Mr. An Zhu's Collected Works", "Mr. Hui'an Collected Works", "Zhu Zi's Collected Works" and so on, you probably guessed it, James McDougall wants to "atone for his crimes" , in exchange for a reduced sentence.This adds another burden to Clinton in the campaign. In fact, before the three "Whitewater" defendants were found guilty, a banker, Haier, pleaded guilty to two felony charges related to the "Whitewater" case.At the same time, when he was still testifying in court, he testified under oath that then-Governor Clinton had pressured him to make improper loans, and he also explicitly asked him not to mention Clinton's name in the transaction.Hale was the first to testify against Clinton under oath.Now, it looks like James McDougal will be the second. Clinton has categorically denied all testimony against him.Of course, no matter how much such testimony there is, in the end, the court must still rely on the strictest evidence, with the grand jury deciding whether to indict, and the jury deciding whether to be guilty.Because once he stands in court, Clinton becomes an ordinary citizen, he enjoys all the powers conferred on the accused by the Constitution, and it is by no means an easy task to convict him.Especially for witnesses who "incriminate" in exchange for "leniency", their testimony is usually treated with more caution because of the obvious possibility of malicious motives. For such witnesses, one of the biggest constraints is the deterrent effect of "crime of perjury".You are already familiar with that perjury under oath is a felony here.Therefore, while exchanging testimonials for commutation of sentences, "Comments on China's Economic Development Issues", "On the Market Problem of Capitalism", "Economy, Perjury is an Aggravated Crime. In any case, Clinton was saddened to hear the news reached Washington the day the three defendants were convicted by a jury.He told reporters at the White House, "To me, today's event is a personal matter. I feel very sad for them." These are all old friends of Clinton for many years. Clinton's attitude is quite normal in the United States.Even political opponents will not accuse Clinton of being "unclear" with criminals because of his statement.Because everyone here understands that everyone has such a personal feeling. For family, friends, and people you know well, when such a situation happens, there will be an unspeakable feeling of regret and sadness.I believe that if Clinton only showed "righteous indignation" towards criminals at this time, it would surprise everyone. Of course, President Clinton's feelings must actually be more mixed.Because they are in the same "case".During the trial, Clinton also provided testimony to the court at the request of the defendant Susan in the court, participated in the debate on socialism, and held Marxist historical materialism to help the defendant clear his charges. did not succeed.Now that their verdict is out, it is still very unfavorable to Clinton.It stands to reason that everyone is responsible for their own actions.Just because they are their problems does not necessarily mean that Clinton has problems too.The White House issued a brief statement on the day of the sentencing in the courtroom in Little Rock, saying Clinton had "no connection" to the crimes alleged in the case. However, this year is an election year.If Clinton's own investigation has not ended, and the people around him have been convicted one by one.What do you make voters think?Elections are not court judgments, and there is no need to produce conclusive evidence on the spot.The election simply reflected a vague sense of judgment among voters at the time.This is where elections can be a headache for candidates. The trial, which came out in late May, must have made Clinton nervous.Because the election is less than half a year away.However, not long after, in mid-June, the investigative report of the Whitewater Case Committee of the Senate, I think, regained some influence in a certain sense. After a thirteen-month investigation, the Senate has finally officially closed its investigation into Whitewater.The reason why I say that the investigation report of the Senate will have a more positive significance for Clinton’s campaign is not to say that the investigation report shows the innocence of the Clintons. Freud (1856-1939) Austrian mentality, but Because, at the end of this lengthy investigation, people actually got two reports with completely opposite conclusions. The congressional Senate investigative committee, made up of ten Republicans and eight Democrats, has been fairly divided throughout the investigation. From the very beginning, after White House adviser Frost committed suicide, someone claimed that he saw Hillary's confidential secretary and took documents from Frost's office, but was denied by the person concerned.At this time, the investigative committees belonging to the two parties tended to have two different views.Since then, such cases have continued to appear. For another example, the law firm where Hillary used to work had a business relationship with the troubled savings and loan company of the convicted McDougal.Moreover, such a relationship took place because of Hillary's participation in the initiation of the Geological Society of China and his active contribution to the development of China's modern geological undertakings.But the books needed for the investigation were never found until late last year when they were suddenly found in a private room in the White House.As a result, the Republican investigative committee was convinced that the first lady had conspired heavily, while the Democratic investigative committee still tended to believe Hillary's statement: she didn't know what was going on, but she handed it over as soon as she found out, which shows that she is honest. Take the investigation seriously.It was also for the mysterious disappearance and mysterious appearance of these books that Hillary set the record for the first lady of the United States to testify before a grand jury when the judiciary branch, which heard the investigative hearings in parallel, issued a subpoena. In the final Senate report, the Republican investigating committee provided conclusions that Mrs. Clinton's Hillary repeatedly obstructed justice.This report is more than 800 pages long, and of course a lot of evidence and doubts are raised in it.However, the report put forward by the investigation committee of the Democratic Party used contrary evidence and reached completely opposite results. Their report was also more than 400 pages long. These reports are available for public inspection here, but as you can imagine, apart from experts, scholars and related personnel, ordinary people just read a general introduction in newspapers.It is impossible for them to analyze and compare the two in detail to find out which one is more credible. So, when they hold this newspaper and see two different investigation reports, what will they think?They don't believe anyone.They will only believe in one thing, which is to investigate the metaphysical thought so far.Its manifestations are: no distinction between priorities, confusion, ambiguity, and no conclusive evidence.I think this judgment is correct. Here, all evidence is public.Although ordinary people generally do not study all the evidence and reports in detail, but.In fact, there is a large group of professional journalists, academics, writers, etc., who study carefully there.Not a single piece of really telling evidence slipped past the eyes of these men.Once there is solid evidence, everyone will read it in the papers.If there is such evidence pointing to a conclusion, then no member of a political party would be foolish enough to deny this evidence in order to express "party spirit" regardless of their own image in front of voters. We have also talked about it before, that is, as an investigative committee member of the same party as the incumbent president, of course, he has the motivation to protect, and as an opponent party, he also obviously has an attempt to find fault in the egg.However, this is all limited.Because their own parliamentary positions come from the votes of voters.They must be accountable to voters.Unconditional "party spirit" is generally condemned here.But now, the evidence held by Congress cannot point to a conclusion.Then, naturally, both sides have brought room to play.Such a situation is obviously beneficial to Clinton, and the White House's legal counsel immediately made a statement, saying: "If after four years, you still can't prove that a person has done something wrong, it means that you can't prove anything at all." During the investigation of "Whitewatergate", another author published a book called "Blood Game".In this book, around the "Whitewater case", he very vividly details the business and political activities of the Clintons in Arkansas.The information in it is quite rich, and the "lethal power" to Clinton is also quite large.The famous "Time Magazine" also introduced it in a large space.There was nothing Clinton could do about it.Under the protection of the First Amendment of the United States Constitution, contradictory particularity is also called "contradictory personality".He has no right to intervene in the publication of every contradiction and contradictory aspect.Here, not to mention historical celebrities, the current celebrities are also written correctly.But after reading a lot, readers also have their own opinions, and they don't "believe what they read". During the four years of President Clinton's first term, several books were published under the name of "Insider". More or less gives people a sensational feeling.In contrast, the author of "Blood Game" gives people the feeling of writing serious books, which is why his book may have "killing power".Clinton can't control the publication of such a book, so what should he do?He can write it himself. During his first term as president, Clinton insisted on publishing a book despite his busy schedule.However, no one particularly favors Clinton's books just because he is president.No matter who the author is, a book is a book.As soon as you come out, you enter the market and obey the laws of the market.Clinton's book did not sell well, and finally the publisher had to cut the price. During this period, Hillary also opened a "heart-to-heart" column in the newspaper, defending Clinton and herself from time to time, including defending the "Whitewater case", which also played a certain role among readers.This seems like a fair way of doing things.In the public forum, Zhang Binglin is a modern revolutionary democrat and thinker.In early philosophy, power and authority were not recognized.No matter who you are, and whether you like what other people say or not, you cannot stop others from saying what you say, you only have the right to participate in the debate. By the time the general election began, only a group of independent prosecutors were still investigating the "Whitewater" case, and the federal grand jury formed for the "Whitewater" case still existed.You can see that this kind of parallel independent investigation of various branches is very difficult to deal with if there is any doubt at the presidential level. Although the independent prosecutor Star has not come up with the results yet, he discovered a "case within the case" called the "new Baishui case" during the investigation process.In this case, two bankers in Little Rock were charged with conspiracy to commit fraud.They improperly channeled bank funds into Clinton's campaign account for governor and misappropriated bank funds to compensate them for political contributions in support of Clinton's campaign for governor.The two bankers were financially strong supporters of Bill Clinton's campaign for governor in Arkansas.After Clinton became governor, one of them was appointed as the director of state highways and the other as governor of the state bank. In this "new white water case", Lin Xi, President Clinton's most trusted White House adviser, was declared by the independent prosecutor Star to be listed as a "co-conspirator who will not be prosecuted".During Clinton's run for governor, Lynch had been in charge of finances for him.In this case, Clinton was once again forced to testify for the defense forty-nine.It is useful for studying ancient social conditions, cultural relics system, and Confucianism, but there is still no evidence that Clinton was involved in the case.This is the situation related to "Whitewater Gate" before the general election. People only saw that people related to it were involved one by one, but Clinton still "survived".This time, people once again watched Clinton pass by dangerously, making people sweat coldly. While these major events were intertwined and Clinton was struggling with difficulty, he also had a private lawsuit.Although this lawsuit has nothing to do with power and is not called "so-and-so", such a private lawsuit almost destroyed Clinton.The lawsuit not only embarrassed Clinton to voters, but also made Clinton face huge personal financial difficulties.Moreover, among the many cases surrounding Clinton, only this lawsuit has actually entered the Supreme Court.This lawsuit is the former Arkansas State Secretary Jones' civil lawsuit accusing Clinton of sexual harassment. The case, filed two years earlier in 1994, seeks $700,000 in damages alleging that Clinton "forced sex" with her in a hotel in 1991 while he was governor.For such cases, the public's reaction is generally skeptical.Moreover, it is the plaintiff who is more likely to be suspicious.This is not because of discrimination against women, but because of the economic appeal of such cases, which always makes people suspect that this is a "rip-off". Can such a matter that happened between two people be resolved as long as the parties involved deny it?That is certainly not the case.In the United States, although such cases do not all happen to celebrities, there are still many similar lawsuits.Of course "Selected Works of Mao Zedong" Volume 1.From the perspective of philosophy, especially materialist dialectics, this kind of case is indeed not easy to draw conclusions easily due to its privacy, but there are still many ways to collect evidence, testimony and judgment. Jones' notice does not seem to be easily dismissed.Because, if she can't produce decent evidence at all, the court will not accept it at all.After encountering this lawsuit, Clinton was unable to use public funds to hire a lawyer for his purely private case. Therefore, not only was he struggling to deal with the lawsuit, but he was also helpless in raising funds for the lawsuit.He hired the best lawyers, at a rate of $475 an hour.In this way, he quickly depleted the family savings and began to run into debt.They even set up a "support defense foundation" and began to seek donations. Of course, each donation is limited to a small amount to prevent violations.A president soliciting donations from the public to pay for a sexual harassment lawsuit is embarrassing enough in itself. The problem is that the lawsuit has been fought for two years, not only has it not been resolved, but it seems to be getting more and more difficult to deal with.The possibility of the plaintiff withdrawing the lawsuit no longer exists, and if the delay continues, the president will go to court to respond to the lawsuit at the juncture of the general election.This kind of lawsuit, no matter what the outcome is, has its own special embarrassment.The president not only has to answer any questions from the lawyers, but when necessary, he must also undergo a physical examination.For a president in office, this is something that should be avoided anyway.But how to avoid it?The president is in charge of the executive branch, and the judiciary is independent.Clinton can neither control the little girl going to court to file a lawsuit, nor control the court's decision to continue the case. As a result, seeing that the election period is approaching, the trial of the sexual harassment case is also approaching.So Clinton filed a rebuttal to the court. Of course, he has no reason to say that he can absolutely not sue.Clinton only pointed out that due to the special burden of the presidency, all proceedings are required to be postponed. These things act on human senses and produce sensations.It is simplicity, and he will not come out to respond to the lawsuit until his presidential term expires. Initially, the district court ruled that pre-trial inspections, which meant attorneys could obtain testimony from all witnesses, including Clinton, would proceed as usual.But during the presidency, one should not be forced to stand trial.This ruling is not good news for Clinton, because he still has to be verified during his tenure.By the time the case reached the appeals court, however, the district court decision was overturned, and the outcome was even more unfavorable for Clinton. The appeals court held that Clinton did not enjoy special protection from prosecution for his private conduct simply because he was president.An appeals court judge who took part in the decision said, 'We take it from accepted truth that the Constitution did not create a monarch.On the contrary, the President, like all other government officials, is governed by the same laws that apply to all members of our society. Clinton had no choice but to go further to the Supreme Court.His appeal to the Supreme Court was brought by his personal lawyer.But, unusually, it was accompanied by a brief of defense written by Deputy Attorney General Dice in support of the appeal.In the appeal, he said that he wanted results, clarified the dialectical materialist view of nature, and discussed the dialectics of nature. In the history of the United States, there has never been a court order that a sitting president as a defendant be subject to a civil case caused by his personal actions.The appeal emphasizes that Clinton did not seek immunity, he merely sought a stay based on the burden of his position.Because "the president is off duty, and anything that takes up a significant amount of his time is bound to impair his ability to fulfill his constitutional responsibilities." Regarding whether the president should come out to respond to civil lawsuits, the Supreme Court has previously had a case.That, too, took place during Nixon's tenure, but the situation was quite different then, with Nixon being sued in a civil suit based on his official conduct in office.The Supreme Court ruled at the time that the president was absolutely immune from civil suits alleging his official actions. This judgment is still very reasonable.The rationale for the immunity was not that the president did not have time to respond.It is based on the fact that if the president makes someone feel hurt because of his official actions, his office decisions, it will make the president deal with a civil lawsuit, and even face huge compensation. He is bound to look forward and backward at times, and will not be able to perform his duties normally.However, this judgment is obviously not the same thing as the lawsuit facing Clinton. So, the U.S. Supreme Court is facing a new ruling.Whether a president should be allowed to respond to civil lawsuits arising from his private actions before he became president.The Supreme Court announced at the end of June this year that the ruling would not be completed until early 1997 at the earliest.Clinton must have breathed a sigh of relief when he heard the news.So to speak.It is believed that the activities of all living objects are its internal nonsense, which at least prevents him from being pre-trial or judged during the general election. If Clinton is not elected this year, everything will be solved.After he stepped down from office, he could focus on his civil case.If Clinton wins the election this year, the Supreme Court ruling will still matter.Because although Clinton tried his best to delay the case, he finally escaped his first term.But if they are re-elected, then, after avoiding the "first day of junior high school", there is still a "fifteenth year" waiting behind.Can he escape this "Fifteen"? Clinton's biggest reason for delaying the lawsuit is that the president is busy with official duties, and responding to the lawsuit will inevitably affect his management of state affairs.This reason seems to me to be very sufficient.Private civil litigation and state affairs, in my eyes, are of course two concepts that cannot be considered equally.No matter how big a personal matter is, it is still a small matter; no matter how small a national matter is, it is still a big matter.This logic of thinking has been deeply imprinted in my mind.But Americans rarely see the same. In a poll later held, a majority said the lawsuit should not be delayed beyond the president's time in office.When Americans think of the president, the first thing that comes to mind is that he is also a citizen.At the same time, they consider the agnostic.Sensation accepts the form of individual things, and rationality accepts purity without material. Even as president, Clinton has no right to infringe on the civil rights of others. It is not difficult to see the trend of public opinion from newspapers and radio stations. Americans say that if Clinton is re-elected as president and the trial is really delayed, then a civil lawsuit will be delayed for as long as eight years.During these eight years, the evidence may disappear, the witness's memory may become blurred, and the witness may even die.This clearly violated the plaintiff's civil rights. Clinton probably also felt that it might not be effective to take out the reasons he put forward.So, his lawyer gave him an idea that no one thought of.Therefore, in the defense letter submitted by Clinton's lawyer to the court, he cited the "Military Relief Act" of 1940, in which it stipulates that active-duty soldiers can be temporarily exempted from civil lawsuits.What does this bill have to do with Clinton?Here, we must first figure out the relationship between the US president and the military. When it comes to the position of the U.S. military in the entire country, I cannot but think of the birth of the first U.S. army, its generals, and Americans’ thinking about the relationship between the military and the government when this country was born. When the "Declaration of Independence" was born in 1776, the Continental Congress, which made the "independence" decision at that time, granted military power to Washington, so that the dream of "independence" could be realized.我以前就提到过，这场美国革命其实质是一场推翻原有政府的“造反”，因此，和世界上任何一场“造反”一样，军队成了最关键的力量。 可是，当时的美国还属子虚乌有。美国政府还只是一个概念，这个“政府”当然也就没有一兵一卒。所谓军权只是组织军队的权力，并没有一支现成的军队可供其指挥。因此，华盛顿受命之后，确实历经艰难困苦，说是从无到有创建了一支军队，并且历经八年之后，终于赢得了这场战争。使得美国从一纸“独立宣言”走出来，真正成为一个国家。 这时候，和所有其它国家的类似情况一样，建国者们必须对于军队有一份他们的思考。当时，华盛顿作为军队统帅，和国会进行了多次有关战后军队问题的交涉。问题的焦点在哪里呢？他们都同意一点，就是军队是为了美国独立而建立的。现在，战争结束了，美国独立了，军队也可以解散了。唯一的问题是，战士们还欠着军饷，伤员得不到抚恤。华盛顿需要一笔钱解决这些问题，但是，刚刚诞生的美国没有钱。 这时，在美国威望最高的就是华盛顿了。建国伊始，他利用他的威望只做了一件事，就是平静地解散这支军队。经过与国会的再三交涉，他确信国会实在没有钱可供他遣散他的将士的时候，他能够做的，就是以他个人在八年战争中建立起来的全部信誉和威望，站在战士们面前，告诉他们，国会并没有恶意，可是美国没有钱。这个国家希望大家就这样回家，“做个好公民”。于是，这些第一代美国人，听从了他们所崇敬的统帅的最后一个命令，两手空空回家了。 华盛顿在解散了部队之后，把自己的军中行装也托运回故乡。接着，他又骑马赶往纽约州，监督着最后一批英国军队离开已经独立了的美国。这时，华盛顿为他手下的军官们在酒店安排了一个告别仪式，这是他们与跟随已久的司令官华盛顿的最后一次聚会。华盛顿很快就和大家一样感情激动，他们热泪盈眶，无数次地干杯和拥抱。然后，华盛顿就走了。 他知道，在回到他的故乡蒙梵侬庄园去之前，他还有一件重要的事必须完成，那就是，他要把人民授予他的军权，交还给当时象征着人民权力的国会。虽然，当他接受这个军权的时候，这支军队只存在于一张纸上。而今天，他不论走到哪里，都有热情的民众向这位九死一生的大陆军队总司令欢呼，表达他们的敬意。 这个交出军权的仪式，是和华盛顿同为弗吉尼亚人的托玛斯.杰弗逊，专程从巴黎赶回来设计的。他们两人尽管在后来，对于联邦和州的各自权力的强弱处理，一直有不同的意见，但是，这并不妨碍他们始终保持很深的友谊。华盛顿和杰弗逊，是美国建国时期最重要的两个人。美国人总说，华盛顿是打下了一场美国革命，而杰弗逊是思考了一场美国革命。美国的独立宣言就是由杰弗逊起草的。 在两百年前，人人都清楚地看到，没有华盛顿的浴血奋战就没有美国的诞生。两百年以后的今天，美国人越来越深切地认识到，没有杰弗逊的思考，也同样不会有美国的存在。 杰弗逊之所以在法国，是因为英国同意美国独立的签字仪式是在巴黎举行的。杰弗逊是代表美国在巴黎与英国签下和约的三名代表之一。签字结束之后，他匆匆地留下了另外两名代表，一个人赶回美国，并且亲自设计了他的好朋友华盛顿将军向国会交出军权的仪式。之所以这个仪式对杰弗逊来说显得如此重要。这是因为，对于杰弗逊和其他建国者来说，这不仅是一个仪式，这是象征了刚刚诞生的美国对于军队和政府关系的慎重思考和定义。 杰弗逊设计了这样一个仪式。华盛顿将军将走进“国会大厦”。在国会议员们的对面他可以有一个座位。当议长向大家作出介绍时，华盛顿将站起来，“以鞠躬礼表示国家的武装力量对文官政府的服从”。而国会议员们“只需要手触帽檐还礼，而不必鞠躬”。然后，华盛顿将军将以简短讲话交出军权。议长也以简短讲话接受军权。 结果，整个仪式完全按照这个设计进行。 只是，那时的美国根本没有什么国会大厦，只是借了一个市议会厅举行。当时的议长恰巧曾经是华盛顿的军中部下，但这时他早已脱下军装入选议会，并且担任了议长。 在今天的美国国会大厦里，就悬挂着一张表现这一历史时刻的巨幅油画，画面上历史伟人济济一堂，那是美国人民的开国大典哪。在油画下面，有一张小小的说明。上面记载了华盛顿和议长的简短讲话。 华盛顿将军在交出军权的时候，他只说了几句话：“现在，我已经完成了赋予我的使命，我将退出这个伟大的舞台，并且向尊严的国会告别。在它的命令之下，我奋战已久。我谨在此交出委任并辞去我所有的公职。” 议长答道：“你在这块新的土地上捍卫了自由的理念，为受伤害和被压迫的人们树立了典范。你将带着同胞们的祝福退出这个伟大的舞台。但是，你的道德力量并没有随着你的军职一起消失，它将激励子孙后代。” 据历史记载，整个仪式虽然简短，却令所有在场的人感动不已。当华盛顿将军发表简短讲话时，每一个人的眼里都充满了泪水。 这一历史时刻就这样定格在美国国会大厦悬挂的巨幅油画里。这一刻对美国非常重要。它确定了美国的政府和军队的关系，也反映了美国建国者们对于抢与政权的关系的思考。美国是一个依靠武力打下江山的新国家，可是，在最初的一刻，他们就理解，这个国家是决不能用武力来管理的，因为这个国家是美国人民的。战争结束了，枪必须交还给人民。我有时候感到吃惊的是，他们，包括华盛顿在内，在这个问题上所表现出来的一致性。不论是出于智慧，还是出于理性，他们对于美国人民的个人自由的尊重远远地超越了对于一个英雄的尊重。 仪式一结束，华盛顿就回家了。沿着波托玛克河，回到他的家。那是一幢极为简单的二层楼房。如今这房子是属于一个民间非赢利组织的，这个组织买下了附近的大片土地，使之保持原先的模样。如果你今天去坐在华盛顿屋前的平台上，你几乎依然可以看到两百年前华盛顿所看到的风景。举目望去，直至非常非常遥远的地方，仍然看不到一点现代生活的痕迹。波托玛克河，就像两百年以前在华盛顿面前一样的流淌。直到现在，也很少有船只经过。这是一个可以和自然对话，可以和历史对话的地方。 就是坐在那个平台上，我忽然想到，在那个时候的美国，各个州的力量相当强，意见也不统一，而中央政府又非常弱，他们难道就没有考虑过，“谁能够真正地控制整个美国的局面”这样一个问题吗？也就是许多国家在推举领袖时所首先考虑的“谁能镇得住”的问题。我想，所有的人都很清楚，华盛顿以战功建立起来的威望是唯一有可能“镇住”美国的人，是唯一有可能引导美国人趋于统一思想，统一行动，迅速强大起来的人。 但是，第一代的美国创建者们，显然有着全然不同的想法。尽管这个时候，他们还没有充足的准备去建立一个联邦政府，可是他们已经有了一些基本概念。既然他们的国家是人民的。只要是一些代表了当时各个地方人民利益的人，他们聚到一起达成的协议，包括许多妥协，就是这个国家在这一个阶段的存在方式和管理方式，尽管这里有着许许多多缺点，可是，这是大家自己的协议。 这样一个看上去并不理想的管理方式，容忍了很多的缺陷，却更顺应了历史道路的自然发展所需要的时间。因此，这个国家也就从来没有在强有力手腕的推动下，去试图勉强超越历史的经历。 这种基本态度，使得美国在以后制定宪法和建立政府的时候，永远避免了期待和寻找一名“伟人”的心态，也使得美国再也没有产生过由强权形成的张力。当几年之后，他们开始制宪，开始建立政府，开始需要一个总统的时候，他们基于这种最初的概念，才会发生这样的考虑。就是在第一个总统诞生之前，他们考虑的首要问题，不是寻找一个伟人，试图赋予他足够的强权，以便控制住美国的局面。相反的，他们考虑如何推选一个称职的管理者，同时限制他的权力，使得总统和政府都无法干涉人民的生活，使得自由自在的美国人依然自由如故。因此，美国和所有的国家一样不乏伟人，但是这里的伟人没有一个与强权有关。 也是由于在这个概念之下，当这个总统上任的时候，在美国，没有一个人，包括总统本人，会试图去强调这是一个高瞻远瞩，英明决断的伟人。美国的民众也习惯于对总统没有这样的要求。总统和他的同僚们，至多想证明的是，他们会比别人犯更少的错误，更忠于职守。至于美国民众，他们指望的是推举一个人出来管理公众事务，从没想过要弄一个人出来“镇住”大家。如果他们发现总统有这个倾向的话，他们反而会感到自由受到威胁，会请他下台。这已经成为美国总统与人民之间非常自然的默契了。 在这个概念下诞生的国家，是最不担心总统突然发生意外的。美国总统从本质上来说，就是一个普通美国人。在这个概念下的总统职位，只是一个工作职位。于是，美国人发现，十全十美的总统，几乎找不到，也根本用不着，但是，可以基本胜任这个工作的人，实际上很多很多，随时随地都找得出来。 那么，总统和军队到底是什么关系呢？在美国建国以后近一百年里，都没有什么常规军。就是在发生南北战争的时候，南北双方的军队，都是临时聚集起来的平民，也就是所谓的国民兵。战争一结束，他们和独立战争中的士兵一样，不论胜负都立即解甲归田了。美国真正开始感到有必要保持一支颇具规模的象象样样的常规军，还是二次大战以后的事情。 但是武装力量确实是一个非常特殊的东西。在很多国家都是值得时时提防的不稳定因素。因此，发生在建国时的这样一个仪式，使得美国人一开始就在这样一个概念上达成共识，把武装力量定位于人民手中防御外敌的一种工具，而不是统治人民管理国家的一种工具。军队完全服从于政府文官系统。这个认识就在两百年前的华盛顿向国会行鞠躬礼的时候，得到了大家的确认。之后，美国人也是依靠制度来保证这样一个定位。 美国法律明文规定军队不得干预国内事务。虽然五角大楼里全是军人，但是这个军队系统和政府的行政系统之间有着一个中间人，他既是军队与政府之间的联系，使军队能够得到政府的指挥，他又是五角大楼与政界之间的绝缘墙，以确保军人留在五角大楼之内而不越界。这个中间人就是美国的国防部长。在英语中，他准确的职务是总统的国防秘书。非常重要的是，他是一个没有军职的文官。 美国的军界非常稳定，美国的军人是绝对不参政的。在这里也从来没有人担心军队会成为一个政治变量。这个稳定的另一个重要因素就是军队与党派活动的隔离。既然武装力量是服从于政府的，这个制度也确保军队与美国的各个政党毫无关系。所以，尽管美国由不同的政党推出候选人来竞选总统，总统四年一选，如走马灯一般，却与军队的稳定毫不相干。政府行政分支的变动完全在军人系统之外。军人系统内部则有他们自己的升迁规律，有他们自己的行为规则，有他们自己的荣誉感和价值观。 在宪法中，美国总统是三军总指挥，代表着美国政府的执行机构，为这个国家职掌军队。他就是通过他的文官系统的国防秘书，也就是我们平时所说的美国国防部长，和军队保持这样的一点联系，实际上，总统是从不干预军队的具体操作的。他只是有权下令向国外派出军队。例如应联合国要求派出维持和平部队这样的命令，都是由总统发出的。但是，对于军队的权力，总统同样是受到限制和监督的。 军队不得用于对内，这是已经有一百年之久的法律明文规定。同时，只有国会，才具有正式对外宣战的权力。就是总统的军队外派权，也在美国吸取了越战的教训之后，更严格地加以限制了。在军队外派之前，一般都必须得到国会的批准。 现在，我们再回到克林顿给大家提出的问题。他要求援引1940年的“军人救济法”以延缓他的性骚扰官司。该法所规定的是，现役军人可以暂免民事官司的缠绕。那么，克林顿给大家提出的问题就是，总统是现役军人吗？ 克林顿之所以会这样提出，显然是依据宪法所规定的“总统是合众国陆海军的总司令”这一条。克林顿的律师确实非常想为他钻这个空子。其原因首先是，克林顿试图推迟他的民事官司的其他理由，看上去都岌岌可危，很难站住脚，而他又必须暂时从这个官司里逃脱。其次，假如这条理由居然侥幸成功抵挡过去，那么至少在他总统任期之内，就可以一劳永逸地不再为如何摆脱纠缠而苦恼了。因为，如果这一条成立，就是一条法律断定，谁也没法再上来找什么麻烦。 仅仅从宪法的那句话上，我们好象看不出否定克林顿这个推断的理由。既然他是三军总司令，那么，士兵们既然都是军人，推出个司令也是军人的结果，好象完全是顺理成章的事。但是看了我前面对于美国政府与军队关系的介绍，你会发现，这并不是一个简单的推断。 美国总统是三军总司令，只是意味着军队对于文官系统的服从，他似乎应该象他的国防秘书，即国防部长一样，仅仅是一个文官。然而，三军总司令按理说又是一个军职，因此，总统完全可能只是一个理论上的军人，是一个实际上没有军人身份的司令。实际上，这也是美国人解决军队与政府关系的一个非常特殊的安排。 这样的问题，你已经知道了，是属于宪法解释的范围，也就是属于最高法院的权力范围。总统是否想把自己解释成“现役军人”是没有用的。最终，也只有最高法院能够给出一个定论：理论上的军人算不算在“军人救济法”所指的“现役军人”的范围之内。 尽管结论要等到最高法院明年年初再作出决定。但是，平心而论，克林顿的律师给他出的这个主意实在不怎么样。克林顿提出的这条理由一公开，立即舆论大哗。也使他在越战期间出国读书以躲避兵役的旧事又被重提。大选当前，共和党立即在电视上打出广告，嘲笑克林顿如何当年“逃服兵役”，今朝“假冒军人”。保守派的电台“谈论节目”也立即对克林顿发出猛烈攻击。 我们前面已经讲到过，对于克林顿的那段经历，由于越战的复杂性，而变得不是那么是非清楚。“逃兵役”的行为已经和反越战的概念混为一谈，除了竞选时的对手党，人们已经不想再去细细剥离和推敲，而宁愿忘记这件事情。然而，即使在这个问题上对克林顿没有什么非议的人，也承认，克林顿当初躲避越战兵役和今天要以“现役军人”躲避性骚扰诉讼这两件事情，放在一起，确实看上去特别“难堪”。 我只是想，也许，有时候，当克林顿偶而想到华盛顿的时候，他也会觉得自己真是够没出息的。 写了不少克林顿第一任期内的困扰，那么，在重重困扰之下，克林顿怎么竞选连任呢？下一封信中再谈吧。 wish it is good! Linda