In the midst of these movements, Maliki remains stuck in a fierce battle with his opponents. He wants to ensure the continuity of the power and influence he has built since becoming prime minister.
In an attempt to strip Maliki of one of his main strengths, the Justice and Accountability Commission — which is responsible for excluding former Baathists from government positions, and was formed in May 2012 with seven members who make consensual de-Baathification decisions, but is actually dominated by five members affiliated with the anti-government blocs — made the bold decision to remove Chief Justice Midhat al-Mahmoud. The commission attributed its decision on Mahmoud to the belief that he is an “agent of the former regime."
Maliki's opponents denied that the decision was politically motivated. According to Mohammed Kayani, member of parliament for the Movement for Change, excluding Mahmoud from the Supreme Federal Court is a step in the right direction to make the court neutral and apolitical. Kayani added that “what is known about Mahmoud in recent years is that he has been the godfather of the return of dictatorship to Iraq through this court.”
Regarding Mahmoud’s role in supporting Maliki’s influence, Kayani said: “Mahmoud freezes the laws passed by parliament which do not appeal to the executive authority, and disables the role of parliament through the [judicial] institution, which has become a machine for reinstalling dictatorship rather than democracy in Iraq."
The prime minister responded by sacking the head of the Justice and Accountability Commission, Falah Shanshal, who belongs to the Sadrist movement. Maliki assigned Bassem Sharif al-Badri as chairman in his place.
The commission, which is elected by parliament, claimed the decision was unconstitutional, as the appointment and dismissal of its chairman is the exclusive prerogative of parliament. However, Maliki’s media adviser, Ali al-Moussawi, said that the decision to dismiss Shanshal was taken because the latter was not elected by parliament, as required by law. He said that because Shanshal was appointed, not elected, the prime minister can dismiss him.



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