It is more unclear what the Kurds would do and their votes should be needed even if Iraqiyya continues to boycott parliament since sacking a minister in theory requires an “absolute majority”. Given his penchant for exploiting potential legal loopholes, it is however not entirely unlikely that Maliki may try to make use of ambiguity that arguably exists in that the constitution regarding the definition of an absolute majority in this particular case: In most instances, the constitution explicitly refers to an “absolute majority of the members of parliament”, but with regard to the sacking of individual ministers it speaks only about an “absolute majority” (aghlabiyya mutlaqa). This may well have originated as a simple clerical omission, especially since the concept of a “simple majority” (aghlabiyya basita) occurs elsewhere in the constitution. In other words it would be a an exercise – far-fetched perhaps? – of redefining all of this as plurality, simple majority and absolute majority respectively. Under that kind of scenario, of course, the Shiite Islamists might theoretically seek to sack Mutlak singlehandedly.
As regards Hashemi, this very much looks like a judicial attack on a political enemy that Maliki would probably not be able to get rid of in parliament: Last spring, Maliki had more trouble getting his own vice-presidential candidate, Khudayr al-Khuzaie, confirmed than Hashemi had with respect to his own candidature. There is a statement from the higher judicial council today to the effect that it will create a special investigatory committee to look into the accusations against Hashemi’s security detail – a judicial approach that in itself seems ad hoc and extraordinary.