Morsi declaration hailed by supporters, deemed coup by opp..

[DJKeefy]

Morsi declaration hailed by supporters, deemed 'coup' by opposition.

Thursday's constitutional declaration sparks fierce debate, with supporters calling it 'revolutionary' and detractors slamming the sweeping powers it grants Egypt's presidency.

President Mohamed Morsi's latest constitutional declaration has reignited debate over presidential powers and the relationship between the Egyptian executive and judiciary.

The constitutional document announced that all presidential declarations, laws and decrees are immune to appeal "by any way or by any entity."

It also protects Egypt's controversy-prone Constituent Assembly and Shura Council (upper house of parliament) from dissolution, effectively pre-empting the verdicts of ongoing appeals that might see either body declared unconstitutional.

Moreover, the president dismissed the current prosecutor-general and appointed in his place Judge Talaat Ibrahim Mohamed Abdullah, a former deputy head of Egypt's Court of Cassation.

Abdullah replaces Abdel-Meguid Mahmoud, who was recently at loggerheads with Morsi over a presidential decision to remove him from his post.

Finally, the declaration stipulates the retrial of former regime figures and those accused of killing or injuring protesters during and after last year's Tahrir Square uprising.

In response to the announcement, Mahmoud Ghozlan, official spokesperson of the Muslim Brotherhood, stated that it was a "revolutionary decision," Al-Ahram's Arabic-language news website reported.

He defended the declaration's article protecting the Constituent Assembly, even though thousands of protesters repeatedly took to streets over the past month to call for the dissolution of the constitution-writing body.

Ghozlan stated that while this is a public expression of opinion that should be respected, it is nevertheless unlawful and goes against the legislative principles of the constitution.

Reiterating this, chairman of the Freedom and Justice Party's legislative committee Mokhtar El-Ashry claimed that "it is clear from the current decree that the People's Assembly will be reinstated."

He further asserted that the decision was "constitutional" since it was announced in the form of a constitutional decree.

Speaking to Ahram Online, prominent Brotherhood member Ali Abdel-Fattah stated that the president "has full rights as a democratically elected leader" to initiate a declaration, especially in the absence of a legislative body.

He further added this was not the first time that such an official had taken such a decision, adding that late president Gamal Abdel-Nasser had done this.

"As long as he is democratically elected, he has all the rights to issue such a declaration," Abdel-Fattah stressed.

Abdel-Fattah further emphasised that the declaration fulfils what he said were "popular demands" by many citizens, referencing protesters' calls for justice for slain protesters and the retrial of those responsible for killing or injuring revolutionaries.

He stated that the declaration had followed Thursday's verdict by a Cairo Criminal Court acquitting two policemen who were accused of killing five protesters and injuring seven others during last year's popular uprising.

"This is the minimum guarantee expected by the people," Abdel-Fattah asserted.

The people have repeatedly called for retribution, he continued, which has been answered with the replacement of the prosecutor-general.

Abdel-Fattah said he did not see the presence of Brotherhood supporters in front of Egypt's Supreme Court an hour before the announcement of the declaration as suspicious, as there had been reports at least two hours beforehand that an important announcement would be made by Morsi.

The Brotherhood's official website, Ikhwanonline, reported that Walid Shoraby, official spokesperson of the reformist judges club, "Judges for Egypt," had commended Morsi's decision to replace Abdel-Meguid Mahmoud, "who had let the martyr's blood spill in vain and let those responsible for their killing go free."

A group of activists who formed the Revolution's Board of Trustees following the January 25 Revolution also commended the Brotherhood's decisions, stating that it was in line with revolutionary demands for justice and retribution.

In a statement published by the group following the decree, they said that the steps taken in the decree were long overdue.


Opposition denounce 'fascist' measures

Many have, however, slammed the declaration, denouncing it as "fascist" and largely regressive.

Some commentators also claim it is a tactic used to appease supporters while embedding undemocratic principles in the constitutional infrastructure of the state.

"It's a power grab from the judiciary and opens up another fight with the judicial system," American University in Cairo law professor Amr Shalakany told Ahram online. "You have a president who has accumulated legislative, executive, constituent and now judicial authorities – which is more power than any Egyptian president has had in history. It's more than Mubarak had."

Shalakany went on to comment on Article 6, in particular, which says the "president may take the necessary actions and measures to protect the country and the goals of the revolution" and places the president as the sovereign of the state, as he can "claim exception against all rules."

"Sadat used this in 1979 and 1980 to round up all opposition figures and sign a peace treaty with Israel. It's worse than the Emergency Law, as that comes with procedures and rules – this allows Morsi to do what he wants."

Leader of the Popular Current movement and former Nasserist presidential candidate Hamdeen Sabbahi called for an urgent meeting at 9pm to discuss the decree with a number of key opposition figures, including Mohamed ElBaradei, at Wafd Party headquarters.

Meanwhile, the declaration sparked a flurry of criticism on Twitter.

ElBaradei, who founded the Constitution Party, said on his official Twitter account that Morsi had appointed himself as Egypt's "new pharaoh" and "usurped all state power: a major blow to the revolution that could have dire consequences."

TV host Bothaina Kamel denounced the president’s decision to protect his decrees from any court as an unprecedented constitutional coup.

Former MP and political science professor Amr Hamzawy believed that the only outcome of this constitutional declaration would be a "complete presidential dictatorship."

"We are facing a scary coup against legislative authority and state of law," he wrote, "It is the complete assassination of democratic transition."

At the inauguration of the Conference Party, which former presidential candidate Amr Moussa founded, he slammed the decisions of Morsi.

"I fear more clashes will take place after the decision of Morsi to dismiss the public prosecutor," Moussa said, adding that Egypt needed more stability.

"There will be no return to dictatorship, as Egyptians will not accept a dictatorship again," said the ex-secretary-general of the Arab League.

Former Brotherhood leading figure Tharwat El-Kherbawy, who is known for his anti-Brotherhood views, asserted that no Egyptian authority or institution would be able to revise the decisions of the president except the Supreme Guidance Bureau of the Muslim Brotherhood.

The decision comes a day after the president was praised for brokering a truce between Hamas and Israel following a week-long military offensive by the Israeli armed forces on the besieged territory.

The declaration was also announced amid ongoing clashes between protesters and police on Cairo's flashpoint Mohamed Mahmoud Street.

Source: http://english.ahram.org.eg/News/58950.aspx

[Winged Isis]

I couldn't believe it when I heard this on the radio!!!!! IDIOT!!!!!!!!!!!!!!! Everyone will now think "Oh great, another Mubarak!!!!!!!!!!!!

[Hafiz]

The timing is interesting. He's a Gaza hero with the west, he all but has the IMF money and his 100 day promises are starting to look a bit thin to Egyptians so maybe he can, and needs to do, something bold.

None of the major western commentators anticipated it or have anything interesting to say after the event.

The el Barredei's should learn a new script. Until and unless they can organize an effective secularist opposition rather than dozens of warring parties there will be no alternative to the FJP and Morsi. Effective oppositions hold governments to account on a continuing basis not just issue press releases after the event. Morsi is strong because they are disorganized.

The Mubarak courts are a problem for Morsi and for anyone but Mubarak and his cronies (apparently the bureaucracy is even worse - reminds me of a conversation between Pope John Paul II and Regan - Regan 'How many people work in the Vatican', Pope "About half").

Morsi's people say the powers are needed to deal with legal cronies The prosecutor Morsi wants to get rid of does seem to have been 'dragging his feet' on effective prosecution of those who killed protestors and the Mubarak courts have made the process of drafting a new constitution a dog's breakfast of procedural problems thus delaying the whole thing (although more than the courts are to blame here).

Morsi now has a chance to prosecute the police and other murderers of protesters which should play well to the stalls whilst at the same time appointing brother judges and prosecutors and finalizing a brother friendly constitution with a weak parliament and a strong president. He might even be able to recall the Parliament, or that part of it which ran foul of the courts - I'm a bit confused here on what has not been derailed by the courts. What are the counter proposals from the opposition parties to deal with the stand off between the government and the courts.

God knows what's going to happen but when people in this part of the world take power they usually only give it up at the point of a gun. Maybe this will be different - even Morsi's detractors would say that he has done pretty well so far in difficult circumstances and maybe he will surprise on this point and not keep and abuse power.

For my money keep an eye on the constitution. The reappearance of brother number one is interesting.

[TonyC]

A calmer appraisal after all the initial knee-jerking, and all the more welcome. On the face of it, the president's power grab is extremely worrying but if he is to be believed, that it's temporary until the constitution is settled and a parliament elected, then maybe this will move Egypt on. Is he really grabbing more power? After all, everybody accepts that he has sole legislative powers in the absence of the People’s Assembly.

He's been facing unrelenting attempts to sabotage his programme, and I'm willing to bet senior judges (I'm sceptical about their commitment to an independent judiciary) were poised to send the constitution-writing process back to square one, aided and abetted by the minorities and the churches with their orchestrated walk-outs this past week. It's in the "opposition" interest to keep the chaos going – they probably think the majority will vote for them eventually.

I don't necessarily agree that he's after a strong presidency and a weak parliament – that would imply parliament's legislative powers would be curtailed and that means writing another set of rules! Interesting times ahead – let's hope he is genuine about this being a necessary move.

[Who2]

'We live in interesting times, methinks!..........

[Brian Yare]

I guess he chose "Thanksgiving" as a good day to bury bad news...

[Teddyboy]

But is it bad news? If he's a man of integrity (which I certainly hope, and believe, he is) then he will use his new powers decisively for the general good of the people and country.

As far as my own experience of many Luxor people goes; they won't be happy until they actually have the 'freedom' to do whatever they fancy, and without recourse to anyone or any institution! Although I'm hearing more and more that, "President Mubarak was a good man, a strong man, and that's what Egypt needs!" Egypt's Presidency seems to be a bit of a poisoned chalice!

[Chocolate Eclair]

Interesting comments, I believe he is curtailing the powers that be that are stopping or delaying the process of Egypt emerging from the doldrums. By doing this he will be able to stop delays and the people that are putting objects in the way. I think deep down many of us educated people realise this. Hopefully now he will be able the push ahead with the constitution, bring forward the delayed elections for the peoples assembly, and really start to put Egypt on the map.
We must always remember he was voted in a democratic way, and therefore is the democratically elected President. I believe these are way forward and wish him all the luck in the world. He really is showing that he will not accept anymore delays from those that want to keep Egypt in the background all the time.
This Democratic way is new to Egyptians and they are maybe very wary about it due to the fact 98% of Egyptians have no idea what democracy means. They really must buckle down and support him. If he has not fulfilled his promises and there is no sign of Egypt progressing in 4 years time they will have the option of democratically electing a new President, but for the moment they must rally around him to bring a flat and demoralised Egypt to the fore front again.
Soon and with the help of IMF money he should be able to start on rebuilding, lets see how he spends this money before we judge too harshly. We must also not forget that he is backed by educated people, people that have been educated in the Western World, and people that have a good knowledge of proper politics and finances. So give the President a chance, I believe he has Egypt in his heart and eventually people will realise this and he will become a great leader and statesman.

[Hafiz]

The High Constitutional court has issued a statement about their problem with the President. I assume their legal judgements are more reasoned and plausible than their press statements.

Their statement (in al Ahram) includes the following:

1. The court will not be threatened, pressured or blackmailed and is willing to fight [for its independence] "even if it costs judges' lives." (a bit hysterical – not the tone you'd expect of real judges – a bit strange to mention blackmail - what could they mean?)

2. The HCC knows the limits of its authority and does not infringe upon the authority of others. (really! Could have fooled me)

3. Despite its "disappointment" at what the country and the judiciary is going through and how this has impacted the HCC, it will continue in its mission "to achieve the freedom and rights of the nation." (these are the same people who failed to back freedom and rights for all Egyptians under Mubarak but now want it for themselves to allow them to continue to overturn the proposed machinery of government necessary for a more democratic future – a future in which, based on their CV’s over the past 20 years, they are unlikely to have much of a role)

The same article in al Ahram neatly summarizes the impasse:

“The presidency and the judiciary have come into conflict since President Morsi issued his Constitutional Declaration giving his decisions immunity from court appeals until the new constitution is passed. The declaration also granted the Shura Council (upper house of parliament) and the controversial Islamist-led Constituent Assembly immunity from dissolution by court orders, despite current court cases challenging their constitutionality.”

Don’t forget that part of this dates from the recent “leak” that the HCC will make a decision adverse to the Shura Council on 2 December. The judges deny responsibility for the leak but don’t deny its content the effect of which would seem to be dissolution of a further democratic institution.

http://english.ahram.org.eg/NewsContent ... tion-.aspx

On the other hand there may be more to this than it seems and those who are sanguine about recent events (including myself) might be wrong. For example the moderate Islamicist (and liberal?) Moneim Abdul-Fotouh opposes Morsi's actions but has:

“proposed that the president cancel the decree, with the exception of two articles, one calling for the removal of the prosecutor-general and another calling for the re-opening of investigations regarding crimes committed against peaceful protesters.”

He's a relatively independent player with no love for the old crooks and he's on the ground.

His party also want the Interior Ministry (they of the virginity tests and other interior examinations) reined in and a national conversation between the president and all political forces regarding the Constituent Assembly and the fate of the constitution. Seems sensible except that time is running out for a conversation, little has happened with establishing Parliament and the Constitution and Morsi's boxed himself into a corner and can’t afford to be seen to loose to the courts or the demonstrators.

If the President can’t find a quick face saving way out of this there could be problems. He showed a deft hand in dealing with the military lets hope he will do the same here to retrieve the situation.