發表評論-小鷹-萬維博客-萬維讀者網（電腦版）

“你瞧，所有我想要的是這個，我要你找出11780張選票，比我們嬴所需要的剛好多出一票。因為我們已贏了這個州。”(So look. All I want to do is this. I just want to find 11780 votes, which is one more than we have. Because we won the state.)

當時，州務卿和律師已來回告訴川普，選舉的結果是精確和正確的，但川普沒完沒了，死乞白咧地矯情，威逼利誘，具體指定他所要的數字。

川普那番話聽起來，很像是當年毛澤東在布置“政治任務”，要各地官員“鎮反”、“徵糧”或“反右”必須達到的百分數“硬指標”。而且，毛下達任務時，比如某地要殺多少“反革命”，他也沒有要下面“用非法手段”去完成，他只是要那個百分數字，所以，按該評論的說法，毛“在技術”上，也的確沒有“犯法”，純屬於“公務行為”。

而這也正合最近最高法院首席大法官約翰·羅伯茨(John Roberts)之判決：若總統以“官方方式”行事(official acts)，一切當得“豁免”，即“官府公事公辦，爾等不得妄議”。

在該判決中，大法官約翰·羅伯茨還添加了這樣一句話：“法院不能考慮總統的意圖，也不可簡單地因為某行為違反了法律，便指稱該行為就是‘非官方的’。”

(In conducting the official/unofficial inquiry, Roberts added, courts cannot consider the president’s motives, nor can they designate an act as unofficial simply because it allegedly violates the law.)

這就是說，只要總統行的是“官方行為”，即使是違法，也可得到“豁免”，只有當總統從事所謂的“非官方行為”，違法之後，才能追究？

這位大法官想得真夠“周到”的，一下就把制約總統獨裁的“門兒”關得死死的。要知道，就是中外歷代皇帝享有的特權，也不過如此啊！

這裡插問一句，假如那時州務卿真的按照川普的要求，篡改了選票結果，又被人發現了，這樣，他會不會因有違反選舉法的“實際行動”，而被裁定“瀆職罪”或“欺詐罪”？答案多半是會。

顯然，川普這裡打的“如意算盤”還是：“事成，我做總統，事敗，你進局子。”

因此，這裡就涉及到一些“擦邊球”的法律問題，例如，教唆犯罪、買兇殺人、煽動暴亂，以至在公眾場合，無故大叫“着火了！”等行為，事主只有“主觀意願”，只是“動了嘴皮”，並未有相應的“實際行為”，他們是否是屬於受法律保護的“言論自由”、或正當的“商務交易”或“履行公務”？

還望約翰·羅伯茨等大法官再給個明確的說法，特別是，總統與這些普通“當事人”有什麼區別？為什麼？

可是，當州務卿據實以告，拒絕了川普這一無理要求之後，他不但受到入獄的威脅，他和家人也遭到川派大量的騷擾。

拙文中，我說川普的這個電話明顯屬於“利用職權盜選賄選”的違憲行為。

我有沒有冤枉他，各人可去查看文末的[附錄]：川普與喬治亞州州務卿通話記錄，看該句前後雙方都說了些什麼？

該[附錄]節選了若干對話段落。例如，這位“精明的”總統，問到了“缺席選舉人票”、“死人投票”、“銷毀選票”、“投票機改票”等“聽說”，一再“提示”可以因此“再記數”，並威脅說，“如果不報告，就是犯罪”、“你們將會有大的危險”等。

及至州務卿和首席律師一一作答，否定了川普的各種“聽說”之後，總統又說，周二是你們州的選舉日，你是共和黨人，許多共和黨人都會不選你，因為他們討厭你這樣對待總統。(And you’re a Republican. And a lot of Republicans are going to vote negative, because they hate what you did to the president.)

原對話內容極為豐富，語氣生動傳神，務請讀者前往領略，近距離看看這位總統是如何“干髒活兒”的。

試舉一段：

州務卿：我們相信我們的確有了一個精準的選舉。

川普：不，不，你們沒有，不，不，你們沒有，你們沒有，你們沒有，差得老遠去了。你們的結果差了幾十萬票。

RAFFENSPERGER: We believe that we do have an accurate election.

TRUMP: No, no, you don’t. No, no, you don’t. You don’t have, you don’t have. Not even close. You’re off by hundreds of thousands of votes.

讀者會想，川普憑什麼這麼說啊？他怎麼就能肯定差了幾十萬投他的選票？

諸位，這只是因為那天已是一月二日，離國會認證大選結果的日子只有4天了，從“語無倫次”的口氣來看，川普顯然已是急紅了眼兒。他硬要州務卿給出他贏的數字，而且第二天就要，就算是要查，州務卿又哪有時間去查對？

因此，這哪裡是什麼要“打假赳錯”？分明就是利用總統職權強行索票！分明就是公然要州務卿造假，以配合其盜選！

這裡需要再交代一下1/2/2020這通電話的背景。

11/6/2019大選之後，雙方計票差額在千分之五以下，按該州法律，州務卿11/11啟動了人工再計票的程序，並於11/18完成，於是，11/19州務卿再次肯定了拜登勝選。

到了12/7，據美聯社報道，經川普再次要求計票之後，仍證明拜登獲勝。當天州務卿在州府的新聞發布會上宣布，“我們已三次合法地統計了選票，結果保持不變。”遂州長向該州16位選舉人團確認了大選結果。

Georgia again certifies election results showing Biden won

BY KATE BRUMBACK, Published 9:27 PM EDT, December 7, 2020

ATLANTA (AP) — Georgia’s top elections official on Monday recertified the state’s election results after a recount requested by President Donald Trump confirmed once again that Democrat Joe Biden won the state, and the governor then recertified the state’s 16 presidential electors.

“We have now counted legally cast ballots three times, and the results remain unchanged,” Secretary of State Brad Raffensperger said during a news conference at the state Capitol before the results were recertified.

總之，經先後三次計票，均證明喬治亞州2020大選拜登獲勝的結果是確鑿的。而川普在這之後，即次年的一月二日，仍動用總統公權力，不顧事實，違反憲法，無理取鬧，明令暗示，硬要州務卿做偽證以翻盤，實屬“蔑視憲法”、“濫用公權力”、並“教唆犯罪”的行為。

這種行徑，完全違背他在2017年總統就職時，當眾手按《聖經》並舉手所宣“竭盡全力恪守、維護和捍衛合眾國的憲法”之誓詞，故決不可以以所謂“公務行為”為其開脫。倘此例一開，以後的川普，更可以像毛澤東一樣，無法無天，任意妄為。

這也就是為什麼川幫懼怕地方法院對“川普干擾喬治亞州選舉案”的審理，竭盡全力要推遲和取消。

各位可依據全部歷史事實，稟公自行判斷，這究竟是“一場政治迫害”，還是“維護憲法之尊嚴”？

錄音中類似以上的對話很多，如有熱心通曉者肯譯為中文，以饗眾多讀者，更是一件幸事。

倘有“陰謀論者”以為這又是“斷章取義”，亦可自行查對電話記錄全文並請指謬。

Read the full transcript and listen to Trump’s audio call with Georgia secretary of state，Updated 10:21 PM EST, Sun January 3, 2021

https://www.cnn.com/2021/01/03/politics/trump-brad-raffensperger-phone-call-transcript/index.html

順便提醒一句，查看時，若一時找不到感覺，不妨設想一下，說那些話的是拜登，而不是川普，看看自己在感覺上會不會有什麼變化？

第二，也請諸君設想，如果是自己處在州務卿的位置，又會怎樣回應總統的電話？

會不會非常識相和知趣地以國內官場套話回答：

“請川總放心，鄙人姓‘黨’，小的在下一定以黨國為重，黨國為重！”？

最近不少紅州“義人”立法，要將《聖經》的十誡刻在每所學校的牆上，但這些人有沒有把她也刻在自己的“心版”(the tablet of your heart)上，時時恪守、約束自己？

特別是，“不可作假見證陷害人。”(“You should not give false testimony against your neighbor.”)

以及“除了我以外，你不可有別的神。”(“You shall have no other gods before me.”)

“不可為自己雕刻偶像，……不可跪拜那些像，也不可事奉它，因為我耶和華你的神是忌邪的神。”(“You shall not make for yourself an idol in the form of anything…….You shall not bow down to them or worship them; for I, the Loard your God, am a jealous God.”)

我想，這位州務卿Brad Raffensperger先生，在此事上是做到了的，他沒有作假見證，也沒有把川普當作偶像來膜拜。

神又說：“愛我，守我誡命的，我必向他們發慈愛，直到千代。”(“showing love to a thousand generations of those who love me and keep my commandments.”)

那你我的選擇該是什麼呢？

寫於2024年7月8日。

[附錄] 川普與喬治亞州州務卿通話記錄，1/2/2021。(節選)

Transcript: Highlights of Trump’s Call with the Georgia Secretary of State

Background: In a leaked telephone conversation, President Trump pressured Secretary of State Brad Raffensperger of Georgia, a fellow Republican and the state’s top elections official, on Jan. 2 to overturn the election results in his state, reciting debunked claims of election fraud.
You can listen to excerpts from the recording, which was obtained by The New York Times, in this seven-minute audio clip, and follow along in the transcript below. You can find the full transcript and recording here.
Directions: As you listen, highlight, underline or take notes about what you notice
and wonder about the conversation. Which lines stand out to you? What questions do you have? If you’re in a classroom context, share at least one thing you noticed and one thing you wondered with the class or a partner. Then, read the featured article.

Excerpt #1
TRUMP: We have, we have, we have won this election in Georgia based on all of this. And there’s, there’s nothing wrong with saying that, Brad. You know, I mean, having the, having a correct — the people of Georgia are angry and these numbers are going to be repeated on Monday night, along with others that we’re going to have by that time, which are much more substantial even. And the people of Georgia are angry, the people of the country are angry. And there’s nothing wrong with saying that, you know, um, that you’ve recalculated. And there’s nothing wrong with saying that, you know, um, that you’ve recalculated because the 2,236 and absentee ballots, I mean, they’re all exact numbers that were, were done by accounting firms, law firms, etc. And even if you cut ’em in half, cut ’em in half and cut ’em in half again, it’s more votes than we need.

RAFFENSPERGER: Well, Mr. President, the challenge that you have is the data you have is wrong. We, we talked to the congressmen, and they were surprised. But they —I guess, there’s a person named Mr. Brainard that came to these meetings and presented data and he said that there was dead people, I believe it was upward of 5,000. The actual number were two. Two. Two people that were dead that voted. And so, that’s wrong, that was two.

Excerpt #2
TRUMP: Now, do you think it’s possible that they shredded ballots in Fulton County? Because that’s what the rumor is. And also that Dominion took out machines. That Dominion is really moving fast to get rid of their, uh, machinery. Do you know anything about that? Because that’s illegal, right?

RYAN GERMANY, lawyer for Georgia secretary of state’s office: This is Ryan Germany. No, Dominion has not moved any machinery out of Fulton County.

TRUMP: But have they moved the inner parts of the machines and replaced them with other parts?

GERMANY: No.

TRUMP: Are you sure, Ryan?

GERMANY: I’m sure. I’m sure, Mr. President.

Excerpt #3
RAFFENSPERGER: Mr. President, the problem you have with social media, they —people can say anything.

TRUMP: Oh, this isn’t social media. This is Trump media. It’s not social media. It’s really not, it’s not social media. I don’t care about social media. I couldn’t care less. Social media is Big Tech. Big Tech is on your side, you know. I don’t even know why you have a side, because you should want to have an accurate election. And you’re a Republican.

RAFFENSPERGER: We believe that we do have an accurate election.

TRUMP: No, no, you don’t. No, no, you don’t. You don’t have, you don’t have. Not even close. You’re off by hundreds of thousands of votes.

Excerpt #4
TRUMP: ... because, you know what they did and you’re not reporting it. That’s a criminal — that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.

Excerpt #5
TRUMP: So tell me, Brad, what are we going to do? We won the election, and it’s not fair to take it away from us like this. And it’s going to be very costly in many ways. And I think you have to say that you’re going to re-examine it, and you can re-examine it, but re-examine it with people that want to find answers, not people that don’t want to find answers. For instance, I’m hearing Ryan, and he’s probably, I’m sure a great lawyer and everything. But he’s making statements about those ballots that he doesn’t know. But he’s making them with such — he did make them with surety. But now I think he’s less sure, because the answer is they all went to Biden, and that alone wins us the election by a lot. You know, so.

RAFFENSPERGER: Mr. President, you have people that submit information, and we have our people that submit information. And then it comes before the court, and the court then has to make a determination. We have to stand by our numbers. We believe our numbers are right.

Excerpt #6
Trump: Well, under law, you’re not allowed to give faulty election results. OK? You’re not allowed to do that, and that’s what you’ve done. This is a faulty election result. And honestly, this should go very fast, you should meet tomorrow, because you have a big election coming up, and because of what you’ve done to the president, you know the people of Georgia know that this was a scam. And because of what you’ve done to the
president, a lot of people aren’t going out to vote. And a lot of Republicans are going to
vote negative, because they hate what you did to the president. OK, they hate it. And they’re going to vote, and you would be respected if, really respected if this thing could be straightened out before the election. You have a big election coming up on Tuesday.

Excerpt #7
Trump: ... I mean, look, that’s, you’d have to be a child to think anything other than that. Just a child.

MITCHELL: How many ballots, Mr. Secretary, are you saying were processed then?

RAFFENSPERGER: We had G.B.I. thoroughly investigate that.

RYAN GERMANY, chief lawyer, Georgia secretary of state’s office: We had our — this is Ryan Germany. We had our law enforcement officers talk to everyone who was, who was there after that event came to light. G.B.I. was with them as well as F.B.I. agents.

TRUMP: Well, there’s no way they could — then they’re incompetent. They’re either dishonest or incompetent, OK?

MITCHELL: Well, what did they find?

Excerpt #8
Trump: I would like you to, for the attorneys of, I’d like you to perhaps speak with Ryan, ideally tomorrow, because I think we should come to a resolution of this before the election, otherwise you’re going to have, you’re going to have people just not voting. They don’t want to vote, they hate the state. They hate the governor, and they hate the secretary of state. I will tell you that right now. And the only people that like you are people that will never vote for you, you know that Brad, right? They like you, you know, they like you, they can’t believe what they found. They want more people like you. So look, can you get together tomorrow, and Brad, we just want the truth. It’s simple.