This is the most comprehensive analysis of the situation I've come across.
I'm assuming it's the most accurate, as Cole often provides.  -Ed 
 
 <http://www.juancole.com/>  http://www.juancole.com/

Egypt: Judiciary, Political Rivals, Crowds Mobilize against Pres.
<http://www.juancole.com/2012/11/egypt-judiciary-political-rivals-crowds-mob
ilize-against-pres-morsi.html> Morsi


Posted on 11/25/2012 by Juan

The executive order issued by President Muhammad Morsi of the Muslim
Brotherhood's Freedom and Justice Party last Thursday has thrown the country
into substantial turmoil, with demonstrations, clashes and civil strikes
throughout much of the country.

The struggle against Morsi's 7-point executive order is being fought on four
levels:

1. Morsi's rivals for political power, Amr Moussa, Hamdeen Sabahi and
Mohammed Elbaradei, have formed a committee to monitor the situatio,
according to Alarabiya television in Arabic. There are some reports that the
Muslim Brotherhood is planning to file charges against them (of treason?
corruption?; if so that would be very bad and a big further step toward
dictatorship). Leaders of parties such as the Wafd, the Ghad (Tomorrow), the
Socialists, and etc., have come out against Morsi's move.

2. The judiciary has mobilized, including many judges and attorneys. The
judges
<http://www.egyptindependent.com/news/judges-rise-against-morsy-s-power-grab
-announce-strike> have declared a court strike all over the country. Some
judges are coming to the capital for a big judicial congress. The public
prosecutor fired by Morsi, Abdel Magid Mahmoud, has filed a lawsuit against
the president. Euronews has a video report <http://youtu.be/WBqBhDPHOa8> :

In a political blow to Morsi, his own Justice Minister, Ahmad Makki, said
<http://www.egyptindependent.com/news/justice-minister-agrees-judicial-reser
vations-trusts-president> that he agreed with the reservations of jurists
about the sweeping character of Morsi's decree. He said he trusts that the
president had good intentions, wanting to move along the drafting of the
constitution and the democratic process. Makki will likely play a major role
in mediating between Morsi and the enraged judges.

3. The iconic Tahrir Square protesters are back in the square and are
planning a 'million-person march' for Tuesday. On Sunday morning, there were
clashes between them and police at Qasr al-Aini near the downtown offices of
the American University of Cairo, with protesters pelting police with
stones. They chanted, "The people want the fall of the regime," and "Fall,
fall, the regime of the Supreme Guide" (a reference to Muhammad Badie, the
<http://themuslim500.com/profile/dr-mohammed-badie> leader of the Muslim
Brotherhood, who they assume is ordering Morsi to act this way). Here is raw
footage of the  <http://youtu.be/fbL_JE8brjo> Tahrir area on Saturday:

The difficulty that the young revolutionaries may have in allying with
Egypt's legal establishment (most of them had been pro-Mubarak) was
illustrated Saturday night when they threw out of Tahrir Square the head of
the country <http://www.almasryalyoum.com/node/1266091> 's Lawyers' Guild,
who was protesting Morsi but was considered too close to Mubarak for the
taste of the other demonstrators.

4. Anti-Brotherhood political forces in the provinces are attacking Muslim
Brotherhood offices and rallying to support the court strikes. On Saturday,
there was a virtual war in the streets in the provincial Delta depot city of
Damanhour. The Muslim  <http://www.almasryalyoum.com/node/1266206>
Brotherhood said 14 of its members were injured defending the HQ of the
organization from foes who wanted to burn it down. Earlier on Saturday
demonstrators had cut off the rail line through the town. The courts in
Damanhour also recessed with no indication of when they would be in session
again. Here is video: <http://youtu.be/0UQgipDuTAg> 

Morsi has a rural power base in the Muslim Brotherhood and among many who
voted for him despite not being members of the Brotherhood. But in the Delta
there are a number of traditionalist Muslim towns hostile to the Muslim
Brotherhood (think of traditionalists as like Catholics and the
fundamentalists as more like Protestants). And, his critics are more
powerful in the capital itself, and so far during the Arab Upheavals it is
the capital that has made the final decision.

The controversy centers on Morsi's attempt to exempt both himself and the
originally 100-member constitution-drafting body, the constituent assembly,
from judicial review by Egypt's higher courts. The president says that the
constitution will be finished by March 1, and that when it comes into effect
he will give up any powers he has assumed in favor of the constitutional
ones. Another issue is his dismissal of the public prosecutor and
appointment of a new one, close to the Muslim Brotherhood. But this latter
step, while it has angered the legal establishment in Egypt, isn't where the
New Left seems to be making its stand. 

Although Morsi's former rival for the presidency, Ahmad Shafiq, maintains
that  <http://www.almasryalyoum.com/node/1265991> there is no such thing as
a temporary dictatorship, there is actually no real reason to doubt that
Morsi will submit to the new constitution. As Ellis
<http://nisralnasr.blogspot.ca/2012/11/drafting-constitution-part-ii.html>
Goldberg points out, it is to some large extent modeled on the current
French constitution, except that the draft actually reduces the president's
powers in favor of the prime minister. And, far from being above the law,
the president in the draft constitution can be overruled by a simple
majority of both the new senate and the lower house. Judicial officials will
name candidates to judgeships, with the president choosing the final
awardees of these posts- and while he has wide latitude to choose among the
names presented, he is limited by the nominating committee, composed of
independent jurists.

>From Morsi's point of view, the struggle is over the autonomy of the
Constituent Assembly now drafting the constitution, which Morsi appears to
have feared might be dissolved by the supreme administrative court (just as
it dissolved the elected parliament last fall). Putting the work of the
Constituent Assembly beyond the purview of the courts ensures that its
Muslim Brotherhood majority can shape the future of the country. What is odd
is that I am unaware of any big demonstrations centering on the Constituent
Assembly or its draft constitution. 

How to understand the vehement reaction against Morsi's executive order? I
think it is because, like Shafiq, many Egyptians do not trust him to give
back powers once he has acquired them, and so they fear that he is
refashioning himself as a dictator. When Morsi took power, he promised not
to try to legislate or to impose things on the country, aware that in the
absence of a legislature or a constitution, people in Egypt would be touchy
about anything that looked high-handed. He has abandoned that earlier
caution, most unwisely, and now does look high-handed. Some of his critics
fear he plans to reinstate the parliament elected in fall, 2011, which the
courts dissolved on the grounds that the Brotherhood and the Salafi Nur
Party illegally ran party candidates for independent seats. A Muslim
Brotherhood president with a Muslim Brotherhood parliament would place a lot
of power in the hands of the fundamentalists, and they would be curbed only
by the secular courts and the military, both of which Morsi is attempting to
defang- raising the specter of a one-party state.

  _____  

No virus found in this message.
Checked by AVG - www.avg.com
Version: 2013.0.2793 / Virus Database: 2629/5916 - Release Date: 11/24/12



[Non-text portions of this message have been removed]



------------------------------------

---------------------------------------------------------------------------
LAAMN: Los Angeles Alternative Media Network
---------------------------------------------------------------------------
Unsubscribe: <mailto:[email protected]>
---------------------------------------------------------------------------
Subscribe: <mailto:[email protected]>
---------------------------------------------------------------------------
Digest: <mailto:[email protected]>
---------------------------------------------------------------------------
Help: <mailto:[email protected]?subject=laamn>
---------------------------------------------------------------------------
Post: <mailto:[email protected]>
---------------------------------------------------------------------------
Archive1: <http://www.egroups.com/messages/laamn>
---------------------------------------------------------------------------
Archive2: <http://www.mail-archive.com/[email protected]>
---------------------------------------------------------------------------
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/laamn/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/laamn/join
    (Yahoo! ID required)

<*> To change settings via email:
    [email protected] 
    [email protected]

<*> To unsubscribe from this group, send an email to:
    [email protected]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

Reply via email to