DV's Revbo Uncovers A Catch 22 Whereby Maliki Risks Arrest To Stay In Power !

[TBomb]

Ha! Thanks, y'all. I'm not so sure, anymore, that's how it is, but it's nice to be appreciated. Thanks for not thinking of me as a guru. Even though I may be wrong, a lot, I don't sell dinars and have never been dishonest with anyone.

 

And I believe it...Revbo..you're wonderful. Thank you.

[TBomb]

I am following this and have been thinking about a few items:

 

1) Why was Maliki seeking emergency government powers about two weeks ago? What was his fear or plan that required him to have these powers outside of commander and chief authority?

 

2) Are there impeachment opportunities?  If so, are there enough votes now with the new MP's?

 

3) Didn't Maliki order media to be removed from Parliament? If it was him, how could he do this if he was not a member of parliament?

 

4) How could the Chairman of Parliament kick the PM out of Parliament unless he was not rightfully authorized to be there? So, all that has to happen to end the PM's reign is for the President to name the next PM??? If this is the case, where does the issue of having immunity come in?

 

Just some thoughts...

 

Moneysoon, the issue of immunity is still in a gray area for me.  

 

Here's why I'm confused - the Election Law doesn't address immunity.

 

The constitution does, but states that there has to be formal charges brought against a govt official and that there then has to be a majority decision and/or the POP has to approve/pass a vote to allow the govt member to be charged.

 

The constitution is unclear about the time or requirements about relieving/being relieved of duties of an MP

 

Here' s what we first have listed under House of Representatives in the Iraqi Constitution:

 

"Fifth: The Council of Representatives shall promulgate a law dealing with the replacement of its members on resignation, dismissal or death.

Sixth, may not be combined membership of the House, and any action, or other official position." 

 

Article (50):

Each member of the House of Representatives was sworn in to the council, before starting their work, as follows:

(I swear by God Almighty, to do my my functions and responsibilities of legal, devotion and integrity, and to safeguard the independence and sovereignty of Iraq, and safeguard the interests of its people, and the ductus deferentis the integrity of the land, sky, water, wealth and democratic, federal system, and I'm working on the maintenance of public and private freedoms, and independence of the judiciary, and committed to the application legislation, honestly and impartially, and God is my witness).

Article (51):

The Council of Representatives shall establish its bylaws to regulate its work.

Article (52):

First: The Council of Representatives shall decide the validity of membership of a member, within thirty days from the date of filing an objection, a majority of two-thirds of its members.

Second: The decision may be challenged before the Council of the Federal Supreme Court, within thirty days from the date of issuance.

 

Here's the part of the constitution dealing with immunity:

 

Article (63):

First, define the rights and privileges of the President of the House of Representatives and his deputies and members of the council, by law.

Second:

A member of the House of Representatives enjoy immunity for statements made in the course of the views of a session, and do not be prosecuted before the courts for this.

B may not be captured on the member during the term of the legislative term unless he is accused of a felony, and with the approval of the absolute majority of the members to lift his immunity or if caught red-handed in a felony.

C may not be captured on the member outside the duration of the legislative term unless he is accused of a felony, and with the approval of the President of the House of Representatives to lift his immunity or if caught red-handed in a felony.

 

Now, let's consider that and this is what I read from articles - the unspoken traditions, in this case tradition (singular) - Najafi officially handed over his seat and needed to be in parliament when Jobouri took office. At least this is an aspect referenced to from recent articles I've read when Najafi was said to have relinquished his chair in yet another deal that Maliki supposedly went back on. 

 

So - I do think what some of the articles stated were correct, Maliki and "FORMER" SLC members were there for an intimidation factor - M, at the very least, wanted to make sure that Shia's of interest to his party and/or Iran were strongly considered or placed as result of his "influence" during the first two sessions.

 

Buti and I were talking about this and I do think because Maliki was not elected, personally, in the last elections for a post in this new GOI, that he has to (as Najafi probably had to as well by handing over his seat to Jobouri), officially resign. If he has to officially resign, then he's a dead man walking until they get another PM nominee put forth. This is why Maliki's been trying so hard to bargain to get that PM  nomination BEFORE resigning. 

 

 

Maliki wanted to declare a state of emergency in order to dissolve the current govt which by proxy (proxy is the friggin' key word for the entirety of his political career..what a goon) would allow him full jurisdiction over the govt as it would be in his care. Also as Commander In Chief, a state of emergency would give him boundless military controls and we know how he likes to kill Sunni's. 

 

So, for the most part, I think Revbo is right in his assessment. Maliki would have to officially relinquish his current post in order to be considered for a "new" pm post.  Maybe this is why, in part, there is a grander plan at hand, and why Zebari was "fired".  Maybe he wanted to be to be up for the Pres nomination from the Kurds?  Just a thought...one I like too.  Zebari's a good guy.  It is a bit disconcerting to me that Hero Talibani doesn't like Saleh, but heck, who knows? Maybe he's a good guy and right for the post. It seems we're getting more Technocrats in office this time around, and I like that!

[sandfly]

THANKS

[Texas1]

THANKS

No worries poppy

[ReVbo]

Woah! Thanks, TBomb and Buti. You are two smart ladies. Incidentally, I'm seeing a whole lot of indication he's about to resign, so while whether he had to resign may end up being an academic debate, just that he resigns is way more important.

[new york kevin]

Well, there ya go.

[deniscanada]

good work peeps ty

[jobug38]

Hey guys this is just something I was wondering. Did Maliki ever give up being minister of defence and interior positions while being prime minister?Because I don't remember that ever happening. He wanted to control of those positions,to set up himself as dictator. He said no one was qualified. Maybe that is why they kicked him out of Parliament. Just a thought. I maybe off base on this but did he ever fill those positions?