検察に背景説明要求＝「検事総長招致も選択肢」－民主・鳩山氏（3月13日19時12分配信 時事通信 ウェブ魚拓）
逮捕された秘書の容疑事実は虚偽である、つまり検察は冤罪をでっち上げている、という批判であれば民主党のお怒りは理解できます。
冤罪ではないとしても、小沢氏側に献金された金のもともとの出所は西松建設だとしても献金したのは政治団体であって虚偽記載ではない。したがって秘書の行為は犯罪を構成しないから不当逮捕である、という法律解釈の違いに基づく批判であればそれも理解できます。
秘書の行為は虚偽記載であって形式的には法律に違反するかも知れないが、違法性は極めて低いので逮捕するに値するものではない、という主張であれば主張としては一応成り立つと思います。
しかし
民主党は、最近の報道内容は検察のリークによるものだとして検察を強く批判していますが、報道内容（つまり検察のリーク内容）が虚偽であるとかでっち上げであるという批判は見あたりません。
二番目の法律解釈に基づく検察批判もしていないようです。
「なぜこの時期に」という言葉からは、三番目の主張が言いたいという気持ちがにじみ出ているように感じられますが、それをはっきり言うと、民主党は政治資金規正法の趣旨を軽視しているのかという批判を受けるだろうということを自覚しているせいか、はっきりとは言いたくないようです。
結局、民主党の不満というのは、選挙を控えた時機に自分たちに不利なことを検察がした、ということに尽きるのではないでしょうか？
そのような利己的な利害関係に基づいて、
検察の在り方について「政権を取った暁には議論しなければならないと感じた」とも語った
鳩山由紀夫民主党幹事長の発言は、極めて恐ろしいことと感じられます。
魚拓をとっておくことにします。
検察のあり方を批判するのであれば、検察が法に基づかないで行動していることを根拠に批判すべきです。
しかし、検察に対して「行政としての責任を果たすべきだ」などと言っている鳩山幹事長にそのような基本的認識を求めることは無理なようです。
追記
このエントリに対して、小倉秀夫弁護士が批判的に言及されていますが、それに対する反論は対小倉弁護士専用ブログにおいて行いました。
「リーク問題に関する小倉秀夫弁護士の見解について」
鳩山(兄)は小沢と心中するつもりなのかしら？
小沢の問題として(トカゲの尻尾きりを視野に入れて)おけばいいのに民主党の問題に自分からしちゃうというのはどうもなぁ
う～ん、この鳩山発言で民主党は、シンパ的官僚の支持を大分失うのじゃないかな。
民主党が政権を取ったら、官僚組織や人事に恣意的というか、党首脳の個人感情に基づいた口出しを強めると公言しているのだから。こんな人間が行政組織のトップとして君臨し、党利党略に利するか反するかで指揮命令されたら、ヤッてられるかと官僚の心は離反するのは目に見えている。
官僚に総スカンでソッポを向かれたら、民主党政権が誕生したって、何も実行出来なくなるのが確実なのに･･･。目先の一手に拘って三手先、五手先が見えなくなっているのかな？
民意も随分失ったんじゃないかなあ。私からして、「自民に危機意識をもってもらうためも、次は民主に…」と思ってたのにこれじゃ恐ろしくて入れられませんよ。
…共産党にでも入れるか。
ろくろくび様や法務業の末席様の書き込みの延長線で素人的に考えて、民主党は小沢党首ではない民主党として、今回の献金問題を政権奪取の好機にできかも知れないなぁと思いました。
踏み絵を用意するそうだから、民主党的には問題ないのではないでしょうか。
http://www.47news.jp/CN/200902/CN2009022301000364.html
恐怖政治以外の何ものでもないと思いますし、こんな事をしたら心ある官僚は全員辞職すると思いますが、政権交代は民意が選ぶことですので、仕方ないのかも知れません。
＞１０年前にドロッポしました。様
＞しま様
＞民意も随分失ったんじゃないかなあ。
同感です。しま様ご紹介のリンク先も拝見しましたが、民主党には失望しかけています。
若手が立て直してほしいですが・・・。
今回ばかりは自民は嫌だし、困った。
＞恐怖政治以外の何ものでもない
禿同。
鳩山氏は三権分立を軽視してませんでしょうか、しかも、検察はかなり独自性が高い中で動いてもらわなければならないと思うんですが・・・このような政治家がいらっしゃると思うと、こちらも困りました。
（狭義の）官僚のみならず、（広義の）行政職員の中でも、心ある人や職責に忠実な人であればこそ、民主党様の言動について離心しておられる方は多い筈ですよ。
日常、「法令遵守を錦の御旗にして攻撃」しながら、自らの支持率の観点から都合が悪かったり、目先の支持者の歓心の為には、「法令遵守した結果を覆す（＝法令違反を行う）よう攻撃」してますから。
かなり振り回された現場も多いと思います。本来、政権選択の選挙とは、「どちらがより優れているか」が尺度の筈が、悲しいかな「どちらがより劣っているか」が尺度になりかねない現状・・・。
上手い言い方でないですが、「野党の思考様式で野党する」のでなく、「与党の思考様式で野党する」野党であって欲しいですね、民主党様。慣れないままに「権力の掌握機会」が目の前に来て、正しい扱い方・距離の置き方が解ってない感じ。。。
政権運営の経験が薄い野党が、この危機的状況下で初めて政権を得るかも知れない状況、過去の有権者の選択の結果とは言いながら、厳しいなぁ・・・。（嘆息
２０世紀前半、欧州でかなり無茶なことをした某国政権も、全く適正な選挙を経て成立した、有権者の民意に基づく合法的政権であった事や、その成立経緯・当時の（政争の具となった）政策課題等を鑑みると、今のこの国も・・・（以下自粛。
>No.7 thx-1138 への捕捉
最後尾の段落について、別にこの国が将来、対外的に無茶なことをする可能性があるという意図ではありません。
内政の問題として、危ういなぁと感じていると言うのが、本旨です。例に挙げた政権下でも、内政的にも悲劇的な状況を生み出しましたから。
でも、行政機関への信頼感（に裏打ちされた権威）がこれだけ失墜している状況では、行政として正論を述べ続ける事も難しいかも知れないですし、究極的には「民意の程度」に委ねられてると。。。
素人ってＳＥＸの素人？
（表でおいたはダメですよ モトケン）
>thx-1138 さん
thx-1138さんに限らず、こういう趣旨のコメントをまま見かけるのですが「党としての民主党」には政権政党であった履歴がありませんけれども、現党首の小沢一郎代議士をはじめとして政権運営の大ベテランぞろいですよ、あの政党は。今の自民党の“派閥領袖”級や党総裁がチンピラに見えるくらい。
つまり民主党は「与党の考え方が身についているので、与党が何をやられると一番イヤかヒッジョーによくケンカの仕方を知っている」いやらしい野党だ、と私は見ます。なので、安倍や福田や麻生“ごとき”では向こう張ってケンカできないのは当然だろうと思います。
＞つまり民主党は「与党の考え方が身についているので、与党が何をやられると一番イヤかヒッジョーによくケンカの仕方を知っている」いやらしい野党だ、と私は見ます。
自民党相手ならそうかも知れませんが、法務・検察相手の鳩山幹事長の言動などはとても下手くそに感じられます。
法務・検察側（及びそれを援用する自民党側）に大義名分が有りすぎです。
> No.10 惰眠 様
ご指摘、深謝申し上げます。m(__)m
私が「民主党」という党全体を指す言い方をしたとき、旧自民党で幹部職にいらっしゃったような元「与党の要職者」の方々は、基本的に脇に置いていて、党全体の印象論を語っている側面があることを、白状いたしまする。
今回の事案についても、小沢氏は少なくとも公での発現に於いて、語彙の選択には留意されている形跡が見られる点など、元「与党の要職者」の方だなぁと思ったりもします。寧ろそうした「与党の要職者」という経験の薄い現在の幹部級の議員氏の言動が、私が抱く民主党様への印象に大きく作用していると自覚してます。m(__)m
辞表を提出させる以上、思想信条の自由の否定としか考えられないんですけどね。現状でも内閣が事務次官の任命権持っている訳だし、それ以上の事が必要なのでしょうか。
正確に言えば、国家公務員の任免権は各大臣が持ち、局長級以上の国会公務員の任免に関しては内閣の事前承認がいるという形の様ですね。
さて、これ以上の事が必要なのでしょうか。
鳩山幹事長は、「今回の捜査着手の背景として、検察の可視化への抵抗があった」と見ているようですよ。
http://www.asahi.com/politics/update/0315/TKY200903150135.html
＞鳩山幹事長は、「今回の捜査着手の背景として、検察の可視化への抵抗があった」と見ているようですよ。
抵抗と言ったって、起訴できて有罪にならなければ抵抗にも何にもならないだけでなく、可視化の動きを加速することにしかなりませんよ。
この見方の前提として、「こんな大捕物帳をするような事件じゃない。」という仙谷由人元政調会長と同じ認識を鳩山幹事長は持っているのだろうと思いますが、これって、政治資金規正法の趣旨を思いっきり軽く見ているわけですよね。
民主党幹部の政治と金に関する認識の程度が知れます。
どうしても民主党対検察の構図に持ち込みたいようですけど、的外れの失笑ものという感じです。
http://www.forum-j.com/
今回の検察問題に関するシンポジウムを中継しています。
メンバーがすごいですね（＾＾；
検察が自民党寄りである根拠はどこにもありません。
本件の鳩山さんの言い分は検察官の独立を侵す暴挙にしかみえません。なぜこの時期に検察が起訴したのか、それは「この時期に証拠がそろったから」以外の合理的説明はありません。
惰眠様、国家公務員法第75条（後記参照）の制約がありますから、「辞表を提出していただくという荒技」の行使は如何なものでしょうか。
鳩山氏が「政権としての決定に従ってくれる官僚のみ」に入れ替えたい願望をお持ちのようだということは理解できますが、日本の法制上からすれば「荒技」ではなく、官僚各位が自発的に辞表を提出していただくように辞を低くして「お願い」するしかないのでは、と考えます。
どうしても辞めていただく荒技を実行したければ、民主党政権が成立した場合に最初に為さなければならない仕事は、以下の法令を改正して「荒技」を法制化することになると思います。でも、官僚のほぼ全員がこの改正には反対でしょうから、実現には相当の軋轢や反対運動を覚悟しなければならないと予測します。
とすると、民主党の鳩山氏が政権を取った場合、この法令改正が実現して「荒技」によって「政権としての決定に従ってくれる官僚のみ」に入れ替えが完了する前に、反対運動の高まりによる政治的混乱が収拾できず、民主党政権が立ち往生する可能性が相当に高いものと想像できます。とすれば結果的に鳩山氏の仰る「荒技」が実現できないまま、民主党は獲得した政権与党の座を早々に明け渡し、下野せざるを得なくなるのではないでしょうか。
政治的に目指すべき方向性として、鳩山氏は「アメリカ式」を目標にしたいおつもりなのでしょうが、政治家として言うべき時を弁えての発言か否か、私個人としてはいささか疑問に感じています。
国家公務員法第７５条第１項
職員は、法律又は人事院規則に定める事由による場合でなければ、その意に反して、降任され、休職され、又は免職されることはない。
（第２項は略）
もろもろご返信（汗）
>モトケンさん
西松にかかる事案での、鳩山氏の対検察・法務関連の発言は私も大いに首をかしげてしまうところでありまして、「この人、ナニを言うとんのや？」ってなもんであります。その点に関してはなんら異存はありません。
その意味において先のコメントはトピックの主題からずれておりまして、話題をあらぬ方向に拡散させてしまうものであったことをお詫び申し上げます。
> thx-1138 さん
おっしゃるとおり民主党には「チンピラ」以下のハナタレ小僧が変に幅を利かせたりする困った面も少なからずあると、私も思います。
偽メール問題で変に突っ張ってBSE、ライブドア、耐震強度偽装問題、防衛施設庁談合の所謂4点セットの国会審議を丸ごと全部パーにしたマエハラ氏とかノダ氏とか・・・。
この一連の騒動で復権できると踏んだのか、マエハラ氏がチョロチョロしゃしゃり出てくるのをニュースで見るたびに腹がたちます。
>しま さん
それじゃ辞表も書かさないでいきなり解職ですか？それこそ「恐怖政治」だし、そもそも違法なんじゃないでしょうか。アメリカの大統領後退に伴う行政スタッフ総入れ替えは、思想信条の自由に対する侵害なんでしょうか？・・・という与太話はともかくとして、鳩山氏だったか小沢氏だったか、はたまた別の議員だったか定かじゃなく申し訳ないのですが「政権が変わったら局長級以上の中央省庁官僚は、いったん職を辞するべきだ」と言ってる人は前からいます。今回の発言も、そのバリエーションでしょう。
「行政官庁の、政権からの自主自律」って、死守しなくちゃいけないことですか？そうやって「国民の審判」も受けず「政治からの人事干渉」も排除してしまって『外部の誰に対しても一切責任を取らない』いまの中央官庁のありようは、温存されるべき体制なんでしょうか。霞ヶ関改革の中では、真っ先に着手してしかるべきことのような気すらするんですが・・・。
なお、この議論は本来、特定の政党を支持するとか、逆に誹謗するとかいう話ではなくて、システムのあり方の問題です。
ただいずれにせよ、トピックの主題に立ち戻れば、正しく法に基づいてなされた行政執行に対して、政権が変わったあと言いがかりをつけるが如きことを政治サイドが行うとするならば、それは正しくないことだと断言できます。
>法務業の末席さん
荒業と言うか、パワハラ・・・（笑）。
いや、現下の制度ではムリなことは私も承知してます。それこそ「自主的に辞表を提出していただく」以外に首の挿げ替えはできない・・・。
ただ、タイミングのことを言うならば、人事院改革案のスッタモンダもある中のことですし、渡辺喜美氏の一件も一応あったことですので、突飛なことを言い出したわけではないとは、まぁ思わなくもないです（苦笑）。
政治家の発言として、有効なタイミングでの発言とは思いづらいですが。
＞現党首の小沢一郎代議士をはじめとして政権運営の大ベテランぞろいですよ、あの政党は。
小沢さん以外に大ベテランっていましたっけ？
羽田さん、渡辺さんは経歴はすごいですけどもはや”長老”ですしね・・・
小沢さんも年齢的にはそろそろ枯れてもいいころですが、実に精力的です。（その一方大臣経験は自治大臣のみ）
ただの大臣経験者なら自民党にはそれこそ腐るくらいいますよ。
＞、与党が何をやられると一番イヤかヒッジョーによくケンカの仕方を知っている」いやらしい野党だ、と私は見ます。
まあそのことが与党としての積極的評価につながるかと言われれば非常に疑問です。
優秀な投手は優秀な打者たりえるか？
優秀なＧＫは優秀なＦＤたりえるか？
いずれも非常に疑問です。
＞なので、安倍や福田や麻生“ごとき”では向こう張ってケンカできないのは当然だろうと思います。
民主党の３大ベテラン（小沢氏、羽田氏、渡部氏）はいずれも元竹下派七奉行の生き残り（残り４人は既に逝去）です。
金丸会長辞任後の竹下・小渕ラインとの主導権争いに敗れ、羽田派を旗揚げしたものの、冷や飯を食わされ、宮沢首相不信任案に乗って自民党を出て行った方々です。
その後小沢氏は、新生党をベースにして連立政権を作ったものの、結局細川、羽田両首相合わせても１年も持たず、その後も自社さ対保保連合など、勝てないケンカが続きました。
今回の後手後手に回る立ち回りを見ても、乱世の小沢（平時の羽田、大乱世の梶山）と言われたケンカの腕にも年齢とともに随分陰りが見えてきたように思います。戦上手な奥田氏も既に亡く、羽田氏、渡部氏はともに乱世に不向きな調整型です。
それでも、今の自民幹部連相手ならケンカに勝てちゃうかもしれませんが・・・。
＞「行政官庁の、政権からの自主自律」って、死守しなくちゃいけないことですか？そうやって「国民の審判」も受けず「政治からの人事干渉」も排除してしまって『外部の誰に対しても一切責任を取らない』いまの中央官庁のありようは、温存されるべき体制なんでしょうか。
アメリカのように、二大政党それぞれに優秀な行政担当者が存在し、政権党が変わった際に、国家運営に支障を来すことなく政権の意向を素早く反映させることが出来るのであれば問題はないのでしょうが、現在の日本の場合は人材の育成から始めなければなりませんからねぇ。
少なくとも、民主党のネクストなんちゃらのメンツを見る限り、大臣候補すらまともな人材がいないのに、今の官僚を「民意を受けていない」という理由で一掃してしまっても、国家機能を損なわず、民主党の意向を実現できる官僚予備軍なんて民主党に用意できるわけ無いよなぁと思ってしまいます。
どうなんでしょうかね。
実際の実務を担っているのはノンキャリアではないでしょうか。あるいはキャリアでも若手。そうだとすればキャリアの古株を一掃しても大して影響なさそうって感じ。公職追放で却って有能な若手が登用されたって話は聞くし。
>感熱紙（刑） さん
>１０年前にドロッポしました。 さん
まさにその辺が「理念と現実のギャップ」ではなかろうかと（苦笑）。
競争入札やってみたら応札者が一社しか出ない、なんて場合もありますから（cf.かんぽの宿）辞表お出しいただいても結局同じ方を再任せざるを得ないようなケースも、或いはあるかもです。
ただ、先にも書きましたが、これはシステム（制度）に関する議題ですので、特定政党に対する指示不支持とは、全く切り離して検討すべき事柄と認識しています。
なお、日本の政治家のステータス（肩書き）で大臣というのは、いわば「ご褒美」です。能力と無関係に、5回生くらいからが「適齢期」になって、大体7～８回生くらいまでには経験しておきたいね、みたいな。政治家としての力量が問われるのは、国会（野党）対策での調整や子分の面倒見です。そういう「汗をかく仕事」を積み重ねた人が、大物政治家になって行きます。
初めてコメントします。法律には素人です。
確かに民主党の主張は小さなことを気にしてぼけていますが。
検察がリークしていないという証拠も無いですよね。
特定の政党を検察が標的にすることは無いと思うのですが。
うがった見方をすると、誰かがもっと大きな疑惑から国民の目を背けさせるために行わせた行為かもしれません。それなら間接的にリークが必要な可能性もあります。
いづれにしろ、民主党の小沢党首が説明責任があるのなら、検察庁も国民に対して説明責任があります。これを果たさない限りリークといわれても仕方が無いでしょう。
またそれを果たさないのなら、「検察の在り方について「政権を取った暁には議論しなければならないと感じた」と言われても不思議はないと思います。
もしかすると鳩山さん・小沢さんは元自民党ですから、からくりを知っているのかもしれません。
ただ、情報はすべて報道からなので、本当に何が起きているのかを国民は知らされていないのかもしれませんが。
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