My latest in The Nation on Morsi’s constitutional decree and the Muslim Brotherhood’s forcing through a Constituent Assembly vote on the constitution:
Egypt’s turbulent transition is in the midst of one its most chaotic and divisive periods since the ouster of Hosni Mubarak. The leaders of the assembly drafting Egypt’s new constitution are hurriedly forcing through a final document amid an uproar by the body’s non-Islamist members. A quarter of the assembly has withdrawn in protest and a growing national strike by judges threatens to bring the country’s judicial system to a halt. Hundreds of thousands of protesters have taken to the streets, culminating in one of the largest demonstrations in post-Mubarak Egypt. The offices of the Muslim Brotherhood in several governorates have been ransacked and firebombed and protesters have faced off against police amid clouds of tear gas in downtown Cairo.
President Mohammed Morsi ignited the political firestorm on November 22, when he issued a controversial constitutional decree granting himself sweeping and unchecked powers. The declaration stipulated that, until a constitution is approved and an elected parliament in place, all presidential decisions since taking office in July are “final and binding and cannot be appealed by any way or to any entity.”
The decree puts Morsi—who already had executive and legislative authority—beyond the reach of the judicial branch, adding, ominously, that “The President may take the necessary actions and measures to protect the country and the goals of the revolution.” The decree also denies judges the power to dissolve either the Constituent Assembly, tasked with writing the country’s constitution, or the Shura Council—Parliament’s largely toothless upper house. Both bodies are dominated by Islamists, with the Muslim Brotherhood holding the most power.
In two moves viewed more favorably, Morsi also replaced the public prosecutor—a longtime revolutionary demand—and established a new court to try those responsible for violence against protesters. (To date, almost no one has been brought to justice for the killing of over 1,000 protesters during the revolution.) But these actions are like a “drop of honey in poison,” as Egyptians say, given the larger power play by the president.
In a joint statement, twenty-two Egyptian human rights organizations condemned the decree, saying Morsi, “who now possesses authorities beyond those enjoyed by any president or monarch in Egypt’s modern history, has dealt a lethal blow to the Egyptian judiciary, thereby declaring the beginning of a new dictatorship.”