Farewell to Shysters

Friday, November 19 2010 @ 01:05 AM JST

Contributed by: Y.Yamamoto

Akikan's days are

Sengoku, the former
ambulance chaser, is
now in defense of China
A little more than two months ago, the presidency of the Democratic Party of Japan as well as nation's premiership was being contested between the double-dyed villain by the name of Ichiro Ozawa and the firstrate idiot named Naoto Kan. At that time I told my audience that the country was getting stuck "in between the devil and the deep blue sea" as the old American song goes.

As usual most of you thought I was exaggerating or just analogizing the situation the Japanese are in. But I wasn't. What I meant to say was that Japan is already a dead nation. The country still shows weak vital signs, but that is only because it is on an artificial respiration system.

Since the burst of the bubble economy in 1990, mythomaniacs in Japan's media organizations have acted like they are mandated to invent one false contention after another to dupe their credulous audiences into believing there still are valid alternatives to choose from.

Among other tactics to put people off the scent of real issues, it is especially noteworthy that they make believe every problem has its roots in laws, and thus, can be solved by new legislation, or amendment to an existing one. Along these lines, they always cite a law which is actually irrelevant to the issue at hand, or focus on the wrong article of a relevant one.

Take the Constitution for example. They always talk about whether to amend its war-renouncing Article 9, whereas you can't even get to Chapter II which includes the particular article before getting stuck with Chapter I that defines the role of the Emperor in such a way that eviscerates Chapter III which supposedly defines the "rights and duties of the people." The fundamental law of a nation serves as the master agreement between an individual citizen and the country where he lives. That is why I have recently terminated my contract with this failed country.

Another example is the Treaty of Mutual Cooperation and Security between the U.S. and Japan. In the last half century, not a single pundit who was not under the influence of communism has discussed the invocation of Article 10 of the treaty which provides for the procedure for its termination. To sidetrack people from the real issue, media obscurantists are untiringly talking about other clauses such as Article 5 or auxiliary pacts such as Japan Status of Forces Agreement in order to instill in people the absurd delusion that in an emergency, the Americans will come to the rescue of the Japanese even at the cost of their own lives.

Since early September, the Japanese have heard of yet another bunch of laws. When voters in and outside the DPJ faced the insoluble dilemma between Kan and Ozawa, Yoshito Sengoku, Chief Cabinet Secretary and Ozawa's archrival, got the press corps in Kantei Kisha Kurabu, or the press club collusively attached to the Cabinet Office, to focus solely on Ozawa's violation of the Political Funds Control Law. Sengoku thought he could gloss over the ineptness of the Kan administration just by scapegoating the former Secretary General of his party.

It was as if the DPJ could have gained power from the Liberal Democratic Party last year without Ozawa's unparalleled skills in pork-barreling. Also it was as if Sengoku and Kan had proved morally stainless. The matter of the fact remains that they are just petty thieves when compared to the unrivaled master of robbery.

Ironically, though, a series of criminal cases broke out around that time where small fish such as a manager at the Ministry of Health, Labor and Welfare were found to have been framed by public prosecutors and judges to save a little bigger ones close to the DPJ administration. Since it was obvious that these exonerees were just the tip of the iceberg, the entire judicial system of the nation could have discredited itself.

But once again the media kicked in; this time it was Kensatsu Kisha Kurabu, the press club attached to the Public Prosecutors Office, that artfully localized the implication of false accusations as if they were isolated cases. As a result, Ozawa has still remained Public Enemy No. 1.

That is how the Chief Cabinet Secretary could help Kan retain Japan's premiership. The cabinet approval rating shot up to 70% despite the fact that the incompetent Prime Minister had delivered, or would deliver, absolutely nothing on his promise about "Least Unhappy Society."

If you are not familiar with Sengoku, here's his bio. The bastard was one of those empty-headed campus activists before he dropped out of Tokyo University's Faculty of Law in 1968. Until he got into politics in 1990, he was a left-leaning courtroom lawyer. That is why he sounds so confident when talking about laws.

On September 7, a tiny Chinese trawler gave a soft pat on two patrol ships of Japan Coast Guard in the "disputed" waters off the Senkaku Islands, Diaoyutai in Chinese. The incident gave another legal challenge to the former lawyer. This time it was something about the United Nations Convention on the Law of the Sea and Japan's Code of Criminal Procedure.

To make a long story short, his expertise in laws didn't help him a bit in handling the Senkaku incident. While he is totally unable to look beyond laws, the Chinese don't give a damn to the international law simply because it meant absolutely nothing in the twilight years of Pax Americana where the Law of the Jungle prevails everywhere. Who could have resisted temptation when it was something like taking a candy from a baby to brush aside Japan's sheepish territorial claim and demand the immediate release of the skipper of the trawler?

As an old proverb goes, the cock is bold on his own dunghill. Now the former ambulance chaser started acting like an attorney retained by the Chinese accident faker. Emboldened by dull-wittedness and docility of his fellow countrymen, Sengoku started giving them lectures on Article 248 of the Code of Criminal Procedure that says in certain circumstances, it's left to the prosecutor's discretion whether to indict a suspect. Unlike with the Chinese, it was a piece of cake for Sengoku to insinuate the Japanese into believing the specific circumstance, where the Chinese captain declared, after his release, that he would do the same thing in the future, justified the invocation of Article 248.

In the meantime, it was slowly dawning on these retarded people that it was about time to have seen, with their own eyes, the video footages which were said to show how the Chinese ship rammed into the patrol ships of Japan Coast guard.

As I have repeatedly said, the right time to act in international relations is before your opponent acts, or at latest, immediately after that. But the Japanese have never learned that the right time, once missed, will never come back. That is basically why I'm inclined to call them unviable creatures.

Totally unaware it was too late to effectively respond to the provocation by the Chinese, the opposition camp led by the LDP and the general public blindfolded by the media started voicing their desire to take a peek at what had really happened in the East China Sea on September 7.

Now amid the outcry for the disclosure of the videos, Sengoku had to turn to Article 47 of the same Code of Criminal Procedure; he kept saying it would run counter to that article to make public the touchy videos.

To be more precise, however, Article 47 prohibits, in principle, the disclosure of evidence prior to the opening of trial. But never mind, nobody has bothered to question Sengoku's distorted interpretation of the law because he is an oracle, after all, who passed the highly competitive bar exam many years ago, and the reporters stationed in Kantei Kisha Kurabu were still enthusiastic about covering up the transparent trick behind Sengoku's alibi exercise.

Then, on the night of November 4, someone uploaded some video footages on YouTube that showed unspectacular scenes of the Battle of the East China Sea.

Now Sengoku faced, or thought he was facing, another legal issue. Typical of Japanese men of his age, he is totally in the dark about the way information flows in the era of WikiLeaks. And yet, the dolt didn't realize he was barking up the wrong tree when he proclaimed that the leak constituted a crime in the light of Article 100 of the National Civil Service Law that stipulates the "obligation to preserve secrecy."

This was yet another false issue because nobody but the Chinese should get hurt looking at the videos and any information that had been accessible to all employees of the JCG and dozens of lawmakers before the "leak" could not be considered classified. But dozens of lawyers, ex-prosecutors and law professors appeared on TV waido sho ("wide shows") day and night to chitchat about the "issue."

Wide shows are run by all TV stations with nationwide network exactly in the identical format, and boast highest viewer ratings in this brain-dead nation. Since these programs deal, at a time, with a wide variety of topics ranging from failed relationships between untalented tarento (TV personalities) to bizarre criminal cases, to Prince William's engagement, to politics, these self-proclaimed pundits can only scratch the surface of "serious" topics such as the video leak.

On November 13, a 43-year-old Second Navigation Officer of the JCG turned himself in, saying he had thought the Japanese had the right to know the truth and that he was prepared for any punishment. On November 16, the public prosecutors dropped the charge against the whistleblower in the face of the public outcry for his release. He may have lost his job, but the same contention is still going on in the Diet and on TV as of my writing this post.

At the beginning of this 2-plus-month-long ado about nothing, Kan owed Sengoku a lot for his initial advance which was so striking that some American pundits hailed him as a savior of the ailing country.

But after all this legal gibberish, his approval rating nosedived from somewhere around 70% to an astounding 27.8% according to Jiji Press.

Now we have seen hundreds of people rallying here and there to demand the reinstatement of the Devil. In a sense, they have a point. At least Ozawa wouldn't have begged Hu Jintao on his knees to set aside at least 25 minutes on the sidelines of the APEC Summit Meeting for a bilateral talk. Akikan or the Empty Can, as the Japanese dub Kan lately, desperately asked Hu's mercy to save him from losing the right half of his face. At the ASEM Summit Meeting held in Brussels last month, Akikan had already lost the left half when Wen Jiabao gave him 25 minutes in a hallway.

At the last minute, Hu agreed to give Kan just 25 minutes on the condition that he not un-shelve the touchy Senkaku issue. In 1978 Deng Xiaoping forced his Japanese counterpart to swallow the idea of shelving it practically for good.

Not all those who were disappointed by the Kan administration think that trying to live with the Devil is a little better than jumping into the deep blue sea. So some of them have now started to talk about the Grand Coalition between the DPJ (minus Ozawa's faction) and the LDP. But they have learned no lessons from the past either. And there still is the public discourse about seikai saihensei (political realignment) lingering on. But it has long tested unworkable, too.

Throughout my 46-year career and 75-year life, I have studied various laws including Commercial Code, Civil Code, Securities Exchange Act, tax laws, antimonopoly legislation and Labor Standards Law as necessity arose. But I have never thought about becoming a law practitioner or doctor of juridical "science" myself. Here's the reason:

I have known in person not a single man with legal background who understands the very basics of a legal system. People tend to think laws govern their lives and thoughts, but actually it's the other way around; it's them that write, abide by, defy or rewrite laws.

In the U.S., the situation is a little different because America, unlike Japan, has a great Constitution that embodies the founding principles of the nation. But as I observe, most American lawyers are there only to stymie their clients' attempt to look beyond state and federal laws which are unconstitutional to varying degrees. As a result, now you can see a striking resemblance in behaviors between the U.S. administration headed by the alumnus of Harvard Law School and the Japanese government practically run by the dropout of Tokyo University's Faculty of Law.

Small wonder that America is quickly getting Japanized these days although it will take some time until the American people understand they are getting nowhere if they remain stuck between liberals and conservatives.

If there still is a difference between the two countries, it lies with the fact that a U.S. citizen can turn to the Constitution as the last resort, whereas any Japanese citizen who intends to go extralegal will have to look beyond the Constitution at the same time.

I don't think the Second Navigation Officer of Japan Coast Guard is a hero as thousands of YouTube audience think he is. But at least he is a role model that shows how each individual citizen can conduct himself without fearing he might end up pulling the plug on the life-support system at long last.

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