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Sunny: The BIG BUT – Iraq Hoodwinks Us Again

Why are we seeing articles the Supreme Judicial Council of Iraq is going ahead with appointing commissioners to the Election Commission when we see no article the Supreme Court has ruled on the legality of replacing the commission as passed by Parliament. Without a decision from the court if the action of Parliament is even legal, they are proceeding ahead.  Why?

So I did some research.  According to Wikipedia, the Supreme Judicial Council of Iraq has a different function than the Federal Supreme Court of Iraq.   Stay with me on this because the plot thickens even more so than it has been.

Supreme Judicial Council of Iraq (Arabic: ???? ?????? ?????? ????????) is the supreme administrative authority responsible for the affairs of the judiciary in Iraq.[1]

. . .This Council was then established under Article 87 of the Constitution of the Republic of Iraq in force.

https://en.wikipedia.org/wiki/Supreme_Judicial_Council_of_Iraq

Remember that last bold line – “established under Article 87 of the Constitution.”  The Supreme Council get’s it’s authority to exist from the Iraq Constitution.

Now we come to Iraq’s Supreme Court and Wikipedia describes it’s function similar to the US Supreme Court.  Read the 2nd paragraph from Wikipedia slowly.  There is a BIG BUT coming.

The Federal Supreme Court of Iraq (Arabic: ??????? ????????? ???????, Al-Mahkamah al-Ittih?diyah al-‘Uly?) is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes among or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.[1]

The court lacks a legal mandate, however, since it operates under pre-1977 Iraqi legislation.[2] Iraq’s 2005 constitution in Article 92 required the setting up of such a court by 2/3 majority in the legislature. The 2/3 majority was decided upon in order to prevent a return to dictatorship and subversion of the court by executive authority in Baghdad — as this would require significant input from various communities including Kurds and/or Arab Sunnis. It was never done, leading to a somewhat ironic result that a court with no legal standing issues rulings on the constitutional legality of various laws and actions in Iraq (rulings which unsurprisingly favor the views of the central government in Baghdad, which since 2005 has been run by various Shiite parties).[3]

IT WAS NEVER DONE!!! “a court with no legal standing issues rulings on the constitutional legality of various laws and actions in Iraq.”  Incredulous!!!

Another BIG BUT coming – So now we go back to an article from 2015 about protests in Baghdad and other cities.  : https://fanack.com/iraq/governance/judiciary-hanging-in-the-balance/   More than likely these were Sadr initiated protests.  The same Sadr involved in forming a coalition now, to form a new GOI.

“The demonstrators accused the judiciary of corruption and serving influential officials in successive Shiite-dominated governments. The accusations directly targeted Midhat al-Mahmud, chief justice of the Iraqi Supreme Judicial Council and president of the Iraqi Supreme Federal Court.  One of the accusations against al-Mahmud was that his verdicts were aligned largely with the policies of former Iraqi Prime Minister Nuri al-Maliki.”

Mmm, the plot gets thicker but we still have another BIG BUT coming.

According to this same article,  “Midhat al-Mahmud, president of the Council of Justice, assumed the post of chief justice of the Iraqi Supreme Federal Court under Article 45 of the Law of Administration for the State of Iraq for the Transitional Period, enacted after the CPA’s issuance of Order No. 35, under which the chief justice of the Cassation Court was appointed president of the Council of Judges.

It is, however, (BIG BUT)- unconstitutional for the chief justice of the Supreme Federal Court to be the president of the Council of Judges.”

Midhat al-Mahmud was removed from office while the CPA and Parliament went through orders and actions to rectify the situation BUT the article concludes, “Eventually, Midhat al-Mahmud, chief justice of the Federal Supreme Court, was allowed to resume his position as president of the Council of Judges.” Thus continuing to serve in both positions simultaneously.

The article wraps it up with this statement, “Because the House of Representatives failed to enact a new law for the Federal Supreme Court pursuant to Articles 92, 93, and 94 of the permanent Iraqi Constitution, the incumbent Federal Supreme Court shall have specific competencies as guaranteed by the Constitution, although no law entitles the court to do so.”

YES!  You read that correctly, there is no law that gives any authority for or to Iraq’s Federal Supreme Court.   The Supreme Judicial council was “established under Article 87 of the Constitution” BUT the Iraq Supreme Court, according to these references, has no legal standing to exist. 

Where did Midhat al-Mahmud come from? “Al-Mahmud. . .brought by the Americans upon an order issued by CPA Civil Administrator Paul Bremer . . .”

Decisions by the Supreme Court have been considered controversial with a distinct bias. ?

“The Federal Supreme Court, chaired by Midhat al-Mahmud, has always been criticized for making politicized and controversial decisions influenced by its close links with and subordination to the ruling party and former Prime Minister Nuri al-Maliki. The House of Representatives approved, by a two-thirds majority, a law limiting presidencies to two terms, but the Federal Supreme Court overturned the law as unconstitutional, angering all political blocs that voted for the law.

In the 2010 parliamentary elections, the Iraqi List Bloc, headed by former Prime Minister Iyad Allawi, won more seats than Maliki’s State of Law coalition, but the Constitutional Court declared Nuri al-Maliki eligible to form a new government because he was able to assemble a larger coalition after the beginning of the parliamentary session. This was one of many decisions by the Federal Supreme Court based on interpretations that served only the agenda of the government.”

According to Wikipedia, Midhat al-Mahmud still serves as Chief Justice and President of the Council of Judges.  Based on past performance and the incestuous relationship Midhat al-Mahmud enjoys being both Chief Justice and President of the Judicial Council, and the appearance the Supreme Judicial Council is proceeding prior to a court decision, if the Federal Supreme Court rules in favor of Parliament we should not be surprised.

(This is all based on my personal research and the green font is my analysis, thoughts and words – Sunny)

References & Quotes from: https://en.wikipedia.org/wiki/Supreme_Judicial_Council_of_Iraq

https://fanack.com/iraq/governance/judiciary-hanging-in-the-balance/

Fuze:  Sunny, thank you so much for this amazing research. It’s very revealing. I now understand why, the Supreme Court has not ratified the elections; there always has been and will be irregularities and illegal activity in democratic elections in all countries. The prevailing issue should be, was it enough to change the outcome of the elections. A few years ago I had read an article about Maliki’s boy over the Supreme Court. Had no idea of the obvious conflict of interest with him overseeing the Supreme Judiciary also! This is crazy, no wonder they can’t get their act together. Their top Guardian and Interpreter of their Constitution is Corrupt! Thanks again Sunny!

By the way, “unfortunately in some ways” America is NOT a blimp on the world seen in Influence and Power. it is still and will continue to be the single most influential nation on this little planet for the near future, rather we celebrate that reality or not. The fact is, in all of your international travels and experiences the USD is still the most widely used and tradable currency on the planet. US interest business, Intel and Military assets are still in more countries on the globe than any other nation. Western cultural norms including English is still the language of commerce…there are changes happening for sure, but as of June 11, 2018, the USA is far from insignificant on this planet or the moon or mars for that matter. Just the facts!

Personally, i have misgivings about that reality, but it does not and will not change it.

For now.

Harambe:  Bloomberg: OPEC Resistance to Saudi Supply Plan Grows With Iraqi Defia?nce https://www.bloomberg.com/news/articles/2018-06-11/opec-resistance-to-?saudi-supply-plan-grows-with-iraqi-defiance

Harambe:  Bloomberg: Maybe Dollars Should Be Digital https://www.bloomberg.com/view/articles/2018-06-11/maybe-dollars-shoul?d-be-digital

Harambe:   CNBC: Trump and Kim sign ‘very comprehensive’ document. Trump says det?ails to come https://www.cnbc.com/2018/06/12/trump-and-kim-sign-agreement-document-?after-summit-in-singapore.html

Harambe:  Reuters: Trump, Kim sign document at end of historic summit http://www.reuters.com/article/us-northkorea-usa/trump-kim-sign-docume?nt-at-end-of-historic-summit-idUSKBN1J72PM

Harambe:   FoxBusiness: Trump, Kim Jong Un sign document of progress https://www.foxbusiness.com/politics/trump-kim-jong-un-shake-hands-at-?historic-summit

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Tishwash:   Abadi: Re-election responsibility of the Federal Court only

BAGHDAD (Reuters) – Iraq’s Supreme Federal Court is the only entity entitled to decide on the need to re-run parliamentary elections in May, Iraqi Prime Minister Haidar al-Abadi’s spokesman told Reuters on Monday.

“This is a matter for the Federal Court, not the executive authority or any other body,” Saad al-Hadithi said when asked about the prime minister’s suspension of the speaker’s call for another election.

Parliament passed a manual counting of votes after several parties said the vote was a sham. On Sunday, fire broke out at a polling station with half of the boxes in the capital.
The Electoral Commission in Iraq announced on Sunday that after the burning of the ballot boxes on the side of Rusafa, any action on the abolition of the elections whether or not has become the court of the Federal Court.

A member of the Board of Commissioners, Saad Kaakai, said that the fires in the warehouses of the Commission is a terrible crime against the Iraqi voter, and the authorities concerned to take all the procedures as soon as possible and investigate this crime, indicating that the causes and consequences of damage from the fire to this moment is unclear.

He added that the decision to cancel the elections after the fire is not in the hands of the Board of Commissioners, but in the hands of the Judicial Council and the Federal Court, and the decision is after knowing the size of the fire and the amount of the exhaustion of the votes of voters.

The fire broke out at the Baghdad Department of Commerce’s stores on Sunday afternoon, which contained ballot boxes for last May’s legislative elections.

The Speaker of the House of Representatives Salim al-Jubouri called, after the fires that erupted in dozens of ballot boxes, the need to re-election parliamentary elections.   link

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