Report, Mr. President: There Is a Problem with This Nomination

The new Prosecutor-General is about to be nominated and will take office in April, while Control Yuan members are also up for re-election at the end of July. The Office of the President established a "Control Yuan Member Nomination Review Committee," calling on all sectors to enthusiastically make recommendations and reviewing them one by one in accordance with Article 3-1 of the Organic Act of the Control Yuan. In contrast, the nomination and review of the Prosecutor-General appear desolate and quiet. While this is certainly related to the condition restricting candidates to senior judicial workers, the President seemingly lacks even the willingness to establish a "review committee," which cannot help but arouse curiosity.

Comparing the two, Control Yuan members are nominated by the President and consented to by the legislature, and the Prosecutor-General is as well. Their origins are identical and their status is highly similar. After losing their popularly elected nature, Control Yuan members moved even further away from the legislative power, functioning purely as a "self-correction" mechanism within government agencies. The Prosecutor-General was originally specialized in extraordinary appeals, and with the establishment of the Special Investigation Division, investigating high-ranking officials for corruption became the main focus, which also counts as a type of "self-correction" within the administrative system.

Both are very similar in terms of origin, selection, and duties. However, the Prosecutor-General enjoys compulsory disposition powers such as search and seizure, wiretapping, and detention, and can issue an arrest warrant if someone fails to appear upon summons, or charge witnesses with perjury if they lie. Their power is far greater than that of Control Yuan members. Officials only face administrative liability pursued by Control Yuan members, but if prosecuted by the Prosecutor-General, losing one's official position is just the baseline, and ending up behind bars goes without saying.

Are the Substantive Standards Too Low?

Thus we must ask: compared to the rigor of Control Yuan member nominations—which even involves forming a "review committee," incorporating "impartial persons of outstanding integrity, professionalism, and prestige," and reviewing them one by one against statutory requirements—is the selection procedure for the Prosecutor-General perhaps a bit too rudimentary? Even more horrifying is the Minister of Justice's statement that, aside from "excluding individuals with poor moral character and controversial figures," "all those who meet the qualifications will be submitted." Having poor character means one certainly should not be nominated as Prosecutor-General, but such a person can still continue to be a prosecutor? Are the substantive standards perhaps a bit too low?

Therefore, we must continue to ask: Does the Prosecutor-General favored by the President intend to loyally report to you, or not report? Can they have private contacts with you? Also, if members of parliament express concern over individual cases, does the President hope that the Prosecutor-General you nominate will "keep lobbying letters in the drawer" and courageously say "stop the calls of concern with me"? Or should all expressions of concern or lobbying be faithfully reported and accurately recorded?

The operational guidelines for the Control Yuan Member Nomination Review Committee were implemented upon the President's approval. From this, it is evident that whether procedures are carried out or not rests entirely on a single thought from the President.

As If Manifesting the Emperor's Great Benevolence

Following past precedents somewhat highlights how the Prosecutor-General was historically regarded as the President's private chattel, and being nominated felt like receiving "the Emperor's great benevolence." No wonder a senior prosecutor said that the President "exclusively enjoys" the power to nominate the Prosecutor-General, and without "royal inquiries," it is inconvenient for the Minister of Justice to "overstep." It is hoped that President Ma's premier nomination drama of the Year of the Horse will not turn out to be this kind of palace drama.