It was not really until after the elections that Maliki systematically tried to employ dirty tricks to change the result, as seen first and foremost in the attempt to disqualify seat winners after the result had been announced.
A second major theme where Khedery is tendentious concerns the ruling of the Iraqi supreme court from May 2010 that deemed post-election bloc coalescence (with a view to forming the next government following elections) a legitimate exercise under the Iraqi constitution. Many Americans have tried to portray this ruling as some kind of Maliki coup, but closer inspection of the relevant constitutional background materials suggests that the ruling was quite objective in addressing the limited constitutional ambiguity that existed.
Many rulings of the Iraqi supreme court can be seen as politicized (perhaps more clearly so from 2011 and onwards), but the ‘largest bloc” definition ruling just isn’t one of them. Nonetheless, Khedery goes on to generalize from this ruling to a greater theme of “safeguarding the Iraqi constitution” from what is seen as constant encroachments by Maliki.
Suffice to say in this context that, back in 2010, the only part of the government formation deal that was truly in conflict with the Iraqi constitution was the American-sponsored idea of a strategic policy council, created to accommodate another of Khederys’s friends – Ayyad Allawi.
The overly crude characterizations of the workings of the Iraqi judiciary continue in Khedery’s description of Maliki’s second term. Here, there is arguably more to pick on, but instead of focusing on some of the bluntest examples of judicial overreach that exist (such as the ruling on the independent commissions in January 2011) Khedery writes, “he [Maliki] did not abide by a law imposing term limits, again calling upon kangaroo courts to issue a favorable ruling.”
In fact the veto of the term limits law was perfectly predictable with reference to past rulings of the Iraqi supreme court, which have consistently stressed the constitutional articles that say full legislative projects must go to parliament from the cabinet and/or president before they can be voted upon.