Recalling the recall

The news today, allegedly good, is that the CNE would have recognized that the 1% per state required signatures to call for a collection of a 20% required signatures to call for a recall election has been reached. Already from this sentence you know that the Recall Election this year is far from a sure thing. In fact, no matter what this tweet of Ocariz says, the date of a recall election is not going to be set before the January 2017 deadline after which the recall election is deemed useless (1).

Aquí está el acta que confirma los resultados de la validación por el CNE. Esperamos fecha para el 20% pic.twitter.com/dBB4rL0JM4

— Carlos Ocariz (@CarlosOcariz) 20 de julio de 2016

Let's take the just proportion of this necessary but useless achievement (yes, Venezuela the country of oximoronism). As I wrote a couple of days ago a recall election is not the favored outcome for the regime official party, PSUV. Since all polls indicate that Maduro is going to be trounced badly, no matter how much discreet cheating the regime may do, it remains that the outcome is a sure thing. In fact the worse case scenario is gaining strength, that more people sign up to recall Maduro than those who voted for him three years ago. The humiliation of such an event in a fascist country which has been victim of the Tascon list since 2004 would mark not only the debacle of the regime but its political extinction as well.

So the question is why the regime seems (it is all a show of course) to accept a possible recall election. To begin with it may just be a way to add pressure on Maduro to resign and take all the blame for the current disaster, even preserving Chavez "legacy".  A presidential election would follow with less disastrous results for the regime than recalling Maduro. There is also the option of gaining time while the regime decides which type of vote is best to avoid a debacle, and that decision having been made then forget about the Recall Election.

One thing is clear is that the regime does not want an election, any election. This is now officially a militaro-fascist regime and elections are not in the menu unless of a plebiscitary nature with open public vote. Or something of the sort. If you want to understand that with examples take the high court, TSJ, decision of today to exempt itself from any charge of wrongdoing. The last batch of TSJ justices was named outside of the rules for such nominations, amen of the disrespect of the requirements needed to be named high court judge. This is public knowledge and as such the National Assembly has decided to revoke the nomination process because it is fraudulent.

What has the TSJ done? In normal countries a court would have called for an independent commission to prove the National Assembly wrong and then proceed with the appropriate law suits. Here, the criminal party exculpates itself and that is that. Do you expect this lawless TSJ to rule in favor of holding elections of any type?

That was the real news today, that the TSJ is here to stay and that it will keep cancelling 99% of decisions taken by the National Assembly. And elections for good extra measure.

Now, I am not saying that a recall election will not take place, even though we have also reports of little activity in the Electoral Board CNE which should be now already in overdrive to prepare for the governor elections due in December. But since there is a risk of 100% state houses going oppo, you can understand that the CNE is in no rush. No, there will be a vote if the regime considers it necessary to promote an orderly transition. Such vote can be a recall election, a referendum, a governor election, or whatever they can come up that will hide the most the regime debacle. That vote, or no vote, will be decided solely by the army, whether Cuba likes it or not, whether civilian chavismo likes it or not... though there is always the possibility of a negotiated settlement with the opposition that may or not require an election. But I am not holding my breath on that one.

Unfortunately the way I see it, the stubbornness of the regime makes the opposition headed towards calling for a constituent assembly which cannot be denied in the constitution. That is, refusing to hold a referendum on whether to hold a constitutional assembly election would be akin of a total break of constitutional procedure which would force the outside world to take notice (something that the outside world has started doing, like waving Venezuela's turn at chairing MERCOSUR).

----------------------------------------------------------




1) If a Recall Election is held in the two last years of a presidential term then THE APPOINTED vice president serves the rest of the term even though the creep may not run even for a coop seat anywhere in his life time. That is chavista democracy for you.

Ways out of the mess, doubtful all, military for sure, recall it ain't

Last I wrote on ways to get out of this mess was June 11 (and April). Things have changed somewhat since these entries. Time to include recent developments.

What has not changed

It is still a matter of a group of narko-mobsters holding Miraflores Palace who cannot surrender power because they will go to jail. All problems originate from this.

Period  1.

This has been a military regime for quite a while. Naming Vladimir Padrino as the head honcho co-president does not change things much, except on some stylistic matters, such as more naked repression, always a possibility.

Period 2.

What has changed

Even people that were reluctant to use the D word (D not for Democracy) are coming around and calling a spade, a spade. That for me it was officially a dictatorship since January 2013 is no consolation. Ever the Cassandra, sometimes even the laughing stock, but oh, so right.

The economic crisis is nearing tragedy proportions and the regime is simply unable comprehend, instead resorting to scrapping the very last bolivar that can be found. The cruelty shown by the regime is reaching genocidal proportions. This is for all to see, even at home in spite of heavy censorship of the air waves and even threats at social media.

And to drive in the point of the crisis there are reports of belt tightening in Cuba which proves that the colony is having problems supporting its master. From there to think that Cuba may want to get rid of Venezuela it is not that long of a stretch.

As a consequence there is some intensifying international movement. The OAS is starting the proceedings to apply its democratic charter on Venezuela. Mercosur does not want to give the rotating presidency to Venezuela. But the US seems to have misplaced views at forcing a "dialogue" upon Venezuelan opposition least a final collapse of Venezuela sends waves of Cuban, and Haitians, and Caribbeans, and Venezuelans to the Florida shores.

Facing all of this, the military had to take a more visible direct role. Why? They are already responsible for the mess, nobody believes for a second that their corrupt structure is going to change anything.  Two possible reasons.

First, and foremost in my opinion, there is not enough to loot and the higher ranks have decided to limit the robbery intake and restrain it some, to some. That extremely corrupt Marcos Torres is not sacked and remain in office would point that way. Let me remind you that he was the one managing the billions at HSBC Spain and is yet to account on how that money was used. He has been censored by the National Assembly and yet Maduro keeps him even though his signature on contracts has no more validity as far as the National Assembly is concerned. His direction of the economy in the last couple of years, well, speaks for itself.

Second, the army does not want to do Maduro's dirty job. That is, they do not want Maduro to call on them for rough repression and be the ones to go to trial some day for it. That co-presidency sounds to me like a "if I go down you go down with me" thing

What are the current exits

This being considered we can review quickly which could be the possible exits to Venezuela's political crisis today. Which may be invalid by tomorrow but that is another story.

The best one for the chavista party PSUV to avoid a final collapse is to have Maduro resign. This can be done in such a way that Maduro remains in office for, say, three more months before a new election to complete the 6 years term of office, even if the opposition (if not divided) is certain to win. That way chavismo can put all the blame on Maduro and pull out a relatively untainted figure that would ensure the PSUV to bounce back to the 20ies it currently hold in polls to a more palatable 30ies, or even 40ies.

Odds? since it makes sense the odds are not good. Also, it requires several things. That Cuba approves. That Maduro accepts to abide. That the opposition gets into the deal and offers a more "moderate" candidate than Capriles or Lopez or Machado. That X Y and Z.

The coup is a resuscitated option, the more so when one sees the probably faked coup of Erdogan in Turkey that is allowing him to get a MASSIVE purge of public officials in there. After all, there is a precedent in Venezuela. Chavez himself admitted to have provoked the 2002 crisis and used his survival to purge all what he could in the Venezuelan state.

There are two modalities for the coup depending on what the "provocation" may be. One is a simple dissolution of the National Assembly, akin to the Peruvian "Fujimorazo". The other, a variation, is a more extreme state of emergency removing all powers of the state,  Both options are "moderated" through a promise of  elections within a year.

Odds? since it is reckless, since they are more into the current style of Maduro, Cabello and all the others that are going to jail sooner or later, the odds are not bad. Since Venezuela is already a bankrupt pariah state, who cares?!

There is the possibility of general collapse. It is clear that the army, no matter what Padrino tries to do, is less and less in control. The latest shopping exodus to Colombia is an evidence. Just as when the Iron Curtain borders control collapsed announcing the end of Communist Eastern Europe.

La foto más impactante de los venezolanos cruzando la frontera con Colombia https://t.co/qANXRl7mah pic.twitter.com/PQUTD56pQc

— El Nacional (@ElNacionalWeb) 17 de julio de 2016

What would happen if general looting started, if people started marching from chavista former strongholds like Catia to Miraflores Palace?  All is possible, from civil war, to military bloody coup to a swift regime collapse like Argentina's De La Rua escape from Casa Rosada in 2001. Many variations are possible but all drive from a provisional regime to an opposition take over that would have to face the highly unpopular economic measures necessary to end and correct the chavista narko-corruption mess. Let´s not speculate on that for the time being.


Odds? Probably the highest at this point as it seems that the "civilian" and narko wings of chavismo would chose this way out, either to exculpate its mistakes or to purge once and for all its opposition. But it is doubtful that the military would accept that last one as they will be finding themselves at The Hague benches. We are in the XXI century after all. Hence probably the recent take over by Padrino, which is far from ruling out that option as the guy has started by counting chickens in combat vest.

@vladimirpadrino visita Empresa de Alimentos El Tunal, en Lara, como parte de la Gran Mision Abastecimiento Soberano pic.twitter.com/Hec5CVYXQ2

— Vladimir Padrino L. (@vladimirpadrino) 16 de julio de 2016

So that is that.

--------------------------

PD: something probably thought that I did not discuss the Recall Election scenario. There will be no Recall Election. Nor any election for that matter (can you imagine chavismo losing 90% of State House in December!!!!).

A recall  election is the worse case scenario for chavismo. If Maduro is recalled, say, with a 20 points spread, that would reverberate badly downstream and the following presidential election could go to a spread half as larger!  That is, the end of PSUV.  Thus why I think that if the regime were to be forced into a Recall Election before 2017 it would have Maduro resign first, a less damaging option for the PSUV.

And they shall go to jail

I am not sure if people outside Venezuela truly measure how miserable it is to live here. However one thing is certain, the political situation makes it impossible for things to improve any time soon. Even more certain are the odds of things getting worse. The photo below is National Assembly chair Ramos Allup showing on TV the picture of the defense minister Padrino Lopez in bowed deference to Fidel. This is the clearest sign that the confrontation with the regime is reaching pitch fork level.

Why is this picture, which has widely circulated in the web months ago, back in front?

For this you need to come back to what this blog has gotten tired to repeat over and over: the regime cannot, CANNOT, leave office because this would mean that dozens if not hundreds of regime luminaries will find their way to trials and jail sentences, some as far as reaching The Hague tribunal (it is my opinion that, at the very least, Maduro's criminal actions against the well being of the Venezuelan population make him worthy of sitting at the accused bench of The Hague international court for human rights).

If you do not get this, or disagree with this, then you really have wasted your time reading this blog over the years.

The Games of Thrones played in real life here is as confusing as the fictional one, and probably many a political career would be demised as in the series, hopefully with not as much blood though I am now certain that some will be spilled..

To try to understand this let's start by the game played by the National Assembly. It's only weapon is legality, voting laws that bring answers to the plight of people. The process is long and tedious and exasperating not only to the radical minds inside the opposition but even to more rational spirits like a dear friend from overseas with whom I had a long talk yesterday.  It is indeed hard to keep cool in front of the onslaught suffered by the Assembly.

The regime indeed is annulling every law the Assembly passes. Even if the political cost for the regime may be high. For example we are waiting for the oncoming, announced, annulment of two laws. One is designed to allow quick and full ownership to those who got public housing in recent years. This is a No-No for the regime as that housing is sort of a grant that people can preserve as long as they support the regime. But denying such law goes against the human nature of even many hard core chavistas who, well, like any human being want their very own refuge...

More damaging still are the ridiculous pretension that the "bono alimentación" (kind of a food stamp system) for retired people is too expensive for the regime to accept. To which it was replied immediately that if there is money for weapons then there is money to help retirees living of a pension that is today at 40 USD a month (according to DICOM already in free fall since its creation weeks ago). The problem here is that the regime cannot permit under any circumstances to have the populace believe that they can get stuff outside of Chavez or his appointed heir. I suppose that in the regime mental construct the political price to screw the elderly is preferable to the political price of people starting to think that there is life after chavismo.

I pass on other laws annulled which are more abstract to the point made here. The objective of the regime is to annul the National Assembly. Since this cannot be done easily in front of the public opinion, and because the Assembly has two atomic bombs in reserve, the regime is proceeding to discuss nincompoopy proposals such as an amendment to bring down the Assembly term from 5 years to 60 days. Amen that such a constitutional amendement would have to be voted in a referendum (article 341) that the regime cannot win without massive and thus obvious fraud.

Or go the way of a mere coup and that is that.

Indeed the National Assembly has two bombs that are very dangerous to all, but more to the regime. One is the ability to call for a Constituent Assembly that if it proves effective could result in sweeping away all of the regime office holders (articles 348 and 349).

The other bomb is immediate: the regime is short on cash and the only way to borrow more dollars is to get a favorable vote from the Assembly (as a guarantee to the lender). This one will certainly give it IF AND ONLY IF the regime accounts for how the loan will be spent, monitored through a mechanism that will not be under regime control. Something that is totally unacceptable for an hyper corrupt regime. Will the regime pick bankruptcy? Coup? Negotiation?

I am going for coup even though no one will lend a dollar to the regime in such conditions. A coup would only result in utter misery for the people with the regime's hope to control the populace through control of food. A gamble that at least Maduro, Cabello and their close corrupt entourage are willing to take with the assumption that the army will help killing whatever needs to be killed through heavy repression.

Which brings us to the picture opening this entry.

I, for one, consider that Ramos Allup and the opposition have acted to the best of their abilities. There may be better ways to proceed but NO ONE so far as made the case that there is another strategy for the opposition to corner the regime until this one blows a fuse and close the Assembly, or collapses. Either way, many will have to go to jail...

The pressure over the regime has been gradual but continued and unfaltering. And at each time the regime has shown its dark nature. First the emergency economic decree was rejected but approved through yet another judicial coup. The the courts decided that the National Assembly did not have the right to call for hearings on public servants unless allowed by the regime. Then populists reforms are rejected at political cost for the regime. Then the amnesty Law is now under threat and if the regime rejects it it will result in a strongly welded opposition against the regime. On this last one we had the Defense Minister that chimed in as to his opinion that the Amnesty Law was bad. Not only this is not true, and not of his resort, but coming from someone who is linked to coup mongers that benefited in their time from an amnesty of sorts it is simply an indefensible position.

Ramos Allup thought that the time has come to put the armed forces in front of their duty. Showing the picture of an adoring minister of defense in front of a foreign potentate, publicly, on TV, simply questions the loyalty to the nation, to democracy, of the head of the armed forces.

The implications of this are so obvious that I will dispense the patient but smart reader from further explanations.

Only one comment to close this entry: Padrino Lopez today must regret not to have accepted the massive fraud that Cabello wanted to perpetrate on December 6. I will let you think on that too.

Onward the final constitutional crash: amnesty law and high court reform

The Easter lull came and went without making much of a difference.  The "calima" suffocated us in Caracas while the country went on a standstill to try to spare a few meters from the water gauge of the Guri dam, before El Niño, and regime's utter incompetence, forces a shut down of 50% of the country's electricity.

This is not Beijing, it is today over Caracas. You cannot even guess that there is a 2000 meter mountain range in the background. I have NEVER seen it that bad. The air stings slightly when you breathe.

Una foto publicada por daniel duquenal (@duquenal_at_vnv) el 21 de Mar de 2016 a la(s) 2:14 PDT

But the country is back at work, as much as it is possible, and the National Assembly has started the road to open confrontation not only with the executive, but on the true meaning of the Venezuelan constitution, as this one may be.


A few minutes ago the National Assembly voted the final version of the amnesty law which aims, among other things, to free political prisoners incarcerated in kangaroo courts. An amnesty is needed since there is no way to get a truly fair trial in Venezuela these days.

Aprobada en 2da discusión la #LeyDeAmnistia pic.twitter.com/2ztnDWC7aq

— María Corina Machado (@MariaCorinaYA) March 30, 2016

But this law, which intents is also the start of some form of national reconciliation by forcing every side to face the reality that justice is in the hands of the executive (even though this cannot be said in the law), is far from being applied and Leopoldo Lopez is not out of jail yet. Maduro's regime has announced that he will not sign the law, that it will not be applied. Presidential veto power is limited in Venezuela, at best a delaying tactic. Thus within days, with or without the signature of Maduro the law will become the law of the land. Maduro can only stop this law application if the high court TSJ rules it to be unconstitutional. This is certainly the case as the TSJ has always managed to find any "unconstitutional" way to make a given an unconstitutional one, even if the means used is itself unconstitutional. Repetition intended.

Which brings us to the second point of this entry: after the vote the national Assembly went straight ahead in the modification of the  laws describing how the  TSJ is designated.  The aim is to find a way to go around the latest crop of appointees who got their job through unconstitutional ways to allow for the pre-electoral packing of the court.  Yes, it is that naked but then again the TSJ submission to the regime is that naked: nobody remembers when was the last time that the state/regime lost a case in court.

In short, the regime is going to be placed in front of this dilemma: either accept the revision of the latest appointments so those can be made according to the original intent of the law, or accept an expansion of the TSJ members so that there is at least dissenting opinions. A dilemma the regime will refuse by declaring that legal reform unconstitutional, even though it will violate the very own regime jurisprudence that was itself a constitutional violation. This is how things work in Venezuela: several wrongs are required to improve the odds of making a right.

In a way it is irrelevant whether the regime will release Lopez from jail, or allow for a limited dissent at the TSJ. It is quite clear now that the regime faction aligned around Maduro and Cabello will go out of its way to avoid any move that could undermine its power and drive through regime change, a change that would find soon in jail Maduro, Cabello, Ramirez and scores of other corrupt and abusive office holders.

The regime has made it abundantly clear that it will not let the new National Assembly function as it should be. The TSJ has already gutted its control authority. It is finding a way to avoid votes on financial resources (which may be difficult at the Assembly has already stated that credits not approved by the Assembly do not put the state under the obligation of repaying them). More blockades to the Assembly are not obvious yet as its election is, after all, still recent. But the tone is set: the TSJ will provide what the regime cannot get through the Assembly.

Since the regime has embarked into such a course to void the National Assembly then this one has no choice but to face down the confrontation by voting on legal laws (redundancy intended) to dismantle the regime. Either the regime will have to back down or it will have to come up to terms with its own dark intentions and, well, proceed once and for all to the "autogolpe", self-inflicted-coup á la Fujimori once upon a time in Peru.

For the regime going all the way to a constitutional crisis is a gamble. Not only the Amnesty Law and the TSJ reform are politically unacceptable for the reduced chavista hard core, but more laws in the work (on recall elections and referenda) are even less acceptable. The political cost, here and abroad, maybe simply to high for the regime to pay. Times are changing, Obama visited Cuba, Argentina is gone and Kirchner is not able to make the opposition that some thought she would be able to do. In Brasil the corruption of Lula is now public knowledge. Talk of applying the democratic charter agaisnt Venezuela is now open talk. But what is worse for the regime is that there is no food nor medicine, and soon there will be no electricity besides providing homes with a very few hours a day, forget about energy for production. Amen of the political capital lost abroad: the regime has no political capital left to spend at home.

Common sense would make the regime start negotiating a political solution to start taking measures to avoid the nation's collapse. But it seems that Maduro et al are seeking actively such collapse as there last desperate gambit to retain power.

La politique du pire, they called it in the agonizing French Ancien Regime.

Mid March, and the march to abyss continues

Regular readers might be wondering about the sparse recent posting compared to the flurry early this year. Many reasons but it is not the point. Time to update things a little

Cruelty of the regime

My personal experience last week should make it clear that no one can escape the trained violence that the regime has sponsored, trained by Cubans, of course, as it has not been in the nature of Venezuelans whose earlier dictators would rather dispatch people and only torture for information, never for sport as it has become the case here, in particular since 2014 under Maduro (who hopefully will meet the fate that escaped Chavez, to sit in an international court of justice for crimes against humanity). If a simple particular, out of nowhere, can experience such psychological violence I wonder what people from Lopez to Afiuni have truly experienced. Even, if it were possible, more respect from me now.

But the cruelty is not only there, it reaches genocidal levels with the refusal of the regime to face down the health care crisis, one that could not be solved fast but could be attenuated fast with very simple measures, if the regime decided to try to steal a little bit less than what they are doing. When I hear Sanders at this point in time vaunting the Cuban health care system, in ruin and that ruined the Venezuelan one, I can only be aghast and and say that I feel the burn. How can a US presidential candidate with real aspirations can be so ill informed?

Corruption keeps apace

These past couple of weeks my business has been confronted with two direct extortion attempts by public officials that have become mere racketeers. One succeeded because we had no choice. We are tired to receive the visit of "brokers" which are people that miraculously have access to dollars and can import what we cannot do.  But at DollarToday rates. However they do offer a valid bill of purchase so we can put the goods into our accounting. If we were importing them on our own, without going through the currency exchange of control, the USD bill would be recognized at 10, not at 1100 as DolarToday has it. Imagine the taxes we would pay that way.

Meanwhile, of course, the barrening process of grocery store shelves keeps apace. Not even my blackmarteers can provide me with what I need, even at a ten fold increase of the official legal price.

Meanwhile the devaluation of a few weeks ago has already failed. Far from calming the country the black market rate registered a further 10% loss since the devaluation. So there.

The National Assembly under siege, literally

Videos show how chavista colectivos can post graffiti over the hallowed walls of parliament under the eyes of the Nazional Guard that remains nearly motionless.  The chavista whip takes to the barricades to ask paid for chavista "supporters" to storm the Assembly to which he was elected.

These are just a sign of the times, as judicial decision after judicial decision the regime is starting to rule through the high court, TSJ. But even that will not be enough soon. The Assembly spokesperson has said that any new debt secured without passing through the National Assembly risks not been recognized by a future government. Can the TSJ get the country into more debt as if nothing? Will someone be stupid enough to trust their money to these TSJ/Maduro racketeers? Me thinks not. Thus the regime will have to find a permanent way to neutralize once and for all the Assembly.

The Assembly tries what it can

Even though people disagree with the way the Assembly is proceeding, I beg to differ. First, I do not think it can do more than what it does now. Differently perhaps, but more I doubt. Second it has exposed clearly that if the crisis continues, and even worsens, it is because the regime is refusing to discuss ANYTHING. Compromise with these people is, well, impossible. Surprise!

So the Assembly has decided in earnest to do the last thing it can do : to take out Maduro. A multi pronged approach is necessary since the regime is already putting obstacles to any electoral test that they know they will lose. And the TSJ will, of course, annule anything they want because a comma is not exactly where it should be, even though their own sentences are usually ill written. Something that a ridiculous journalist, from Time no less, qualifies with the worst humor possible as a peaceful coup . As I was commenting, too many journalists still see Venezuela as a reality show.....

At any rate the Assembly has decided to try to oust Maduro in all possible ways: recall election, constitutional amendment, street protest and the ultimate nuke, constitutional assembly. It will fail of course because the regime CANNOT surrender power because they know what their fate will be: jail. They will sabotage, repress, annul even basic common sense. But something will get started and people will be hungry. And international narco justice and money laundering cannot be avoided for ever. All is thus possible. The question is when.

-------------------

There you have, a summary of the 4 posts I should have been writing if I had time on my hands.

The regime has decided to formally annul the National Assembly of Venezuela

Taking advantage of the half week (after Carnival holidays), that tomorrow there is no session in the Assembly, the high court , TSJ, decided that the vote to reject the Emergency decree of last January was not valid and thus the decree has been valid since January 14.

Voilá!

You are going to need a lot of pennies for my thoughts.  Let's get going.


First, the factual aspect of it. Clearly, as you will understand in the second part of this post, this is a political move of the regime, a dangerous move that can only hurt itself. See, by downgrading the Assembly to nothing the regime will assume the full cost of the political and economic crisis which is getting worse by the minute. Then again, at this point the regime is beyond caring.

So, which are the facts? A technicality. According to the court head, the assembly should have voted down the decree within 48 hours and not within a week. It is on TV record that the chair of the Assembly verified about the week delay and the government did not object to it, and agreed to send the ministers to present their case. They did not, but that is not the point. That they agreed to show up and then did not show up was a tacit admission that the week delay was valid and thus under no circumstances can the high court intervene to defend one of the parties who suddenly, AFTER the fact, may secretly decide to appeal a decision. In other words, this has been a conspiracy where no parts was asked to present its counter argument. The servile high court of the regime emitted the political decision that was requested and that was that.

Let's also add that the Assembly offered to discuss a new version of the decree if the government wished to do so, even the same one if the gouvernement had the courtesy to be more explicit on its proposals. We heard only chirps in the woods.

Before we go into consequences and speculations let's discuss as a second item the political message in that decision.  From the preexisting laws Maduro and his regime could pretty much do as they pleased on the economic front. The decree was merely to project the image of "doing something" about shortages, and probably justifying blocking access to savings to try to control inflation somehow, and establishing ration cards, amen of creating absolutely idiotic and absolutely corrupt food distribution schemes like the ones already tried out in Yaracuy. Thus the decree was a provocation from the start to please the bruised ego of the radical left after the dramatic loss of December vote. It was also the start of some plan but that one was not quite congealed as we can deduct simultaneous from the very vagueness and extremism of the decree. Part of the information required to develop that plan was study the resolve of the Assembly, the reaction of the country, and how the crisis was going on (I suppose).

Clearly the Assembly was going to do its work, was not breaking down, was going to put its pressure on the regime slowly but surely. A clear message had to be sent and that the ruling of today IS the message. The TSJ will turn down ANY mesure the regime does not want, on ANY pretext. Legality has nothing to do with it. In case you do not quite understand this, it is the very last step before a "auto golpe" or self coup, where the executive power takes over all the powers of the Assembly in particular the ones from the purse (economy and the like) and control (hearings of ministers). In short Maduro has announced tonight that, together with the president of the TSJ Gladys Gutierrez, he will decide what of the Assembly will go and what will not go. He has created for himself a veto power that does not exist in the constitution and cannot be voted down because, well, it does not exist. Il suffisait d'y penser!

By the same token any attempt at modifying the Constitution will also be voted down by the TSJ... Even a consultative referendum.  And forget about reviewing old laws if the regime does not want to. A dictatorship, let's say it so.

And so we reach the third part, the why and what next.

Let me start by the what next because it is fast. Clearly this requires a strong response as it is unacceptable. We will wait for the Assembly leadership for that, it is their job. For example the idiotic Samper has announced a trip to Venezuela to bring his happy findings of December. He should be put to task. The National Assembly can go as far as requesting an emergency meeting of the OAS. It can vote a motion to censor our girl Gladys. Etc...  But what will probably happen may be quite different. The reaction of the TSJ is not quite a surprise. I am surprised in that it came this way and relatively late, but a reaction was coming. After all, I think already when I left on a trip I heard some ranting from Cabello to that effect. Or just when I cam back, or I forgot.

The regime is playing chaos as a strategy for survival (wait for an upcoming post) so we should count this ruling as bad but with a very nice silver lining: the regime is taking full political responsibility for all the economical, food and medical implosion taking place right now, under our eyes. The Assembly lone power now is to do its job, to act according to ethics, to grind its teeth and to keep telling to people that the regime is wrong and that there will be consequences for their actions and for the people that apply these actions.  The economic crisis will do the rest when hungry crowds start looting and the army finally has to step in to fight the gangs of thugs that support the regime coordinating these looting actions.

Finally the why (to be expanded this week end).

The country is imploding. I saw that myself, with my own eyes, after only ten days away (rep. intended).

Yesterday they changed the chemotherapy schedule for my S.O. because the mandatory electric shortages demand that patients are all rushed up faster than what normal care demands because of where the clinic is located and the time they are forced to shut down AC..

I have a new bachaquero. He charges between 2 to 4 times the official rate according to X. But I get, occasional,office delivery of significant supplies, let's say for me, my S.O., his mother, my house keeper in San Felipe (where the situation is way worse than in Caracas), my cleaning lady in Caracas, all people that cannot stand in line and who I do not charge full price. In fact I do not charge them, I pay their work with it, and they are way happier than with money. My S.O. and Mom I charge them less as their health bills are getting high so it is a discrete form to help them I found. They are simply out of touch, for obvious reasons, about the reality of the country. We all have our crosses.

Water comes only twice a week now. But I have a large tank, So in protest I water my lawn. If the regime had made maintenance as previewed, if it had made the investments that were requested and scheduled for 2010 we would not be suffering from the consequences of El Niño. which is a mere excuse as all the money spent in electrical generation through Derwick et al. seems to have been for naught.

Today I tried a new scheme to have "crucial" medicine sent from Europe at a horrendous price and through difficult loops: need to be European, need to have insurance over there, need to prove you cannot find it here, need to prove it is life threatening, etc... The paper work alone could kill you. And I do not know if it will work out, and I feel awfully guilty for those that cannot apply and I am doing this for my S.O. with my savings as his own ones are now gone.

And with all of the above, believe it or not, I still feel like a privileged because I can still afford it. I need to count pennies but I can still allot. So think about those who cannot. Today I helped someone by buying 50 euros at the full dollar today rate . Normally I do not do that but she needed to pay her kids school for the rest of the year.......

And that is the why. The country is sliding into the abyss. The regime knows that default is unavoidable now, if not they can read Nagel, and may be embracing the idea of it. But it is also understanding that there will be a heavy political price to pay. They are willing to pay for it because Maduro and Diosdado and Cilia and Tarek and a few generals know that regime change means jail for themselves. So they prefer to preside over the ruin of a country that they think they thus can control more easily. In their calculation there will be enough oil money for some very basic food items and aspirin, and enough drug money for their creature comforts. They cannot go elsewhere. Not even Cuba, too close from the US of A. And so they need to take out the National Assembly, provoke them into a crisis that justifies in front of "el pueblo" its dissolution and do away with direct suffrage, replaced by indirect suffrage, easier to control. They do not care what the word will think, they will be way too worried about the default to worry about Ramos Allup fate

And thus the actions of the regime these past weeks must be understood according to such parameters. They are aware that they will not recover the fervor of the people. Chavez bought that fervor though lot of goodies, some through real ideologization though outside of a core base some were also in for the money. They cannot count on that anymore. The time for fascism has arrived. Repression, destruction of legality, even their very own already deficient one. Use the distress of the country as an excuse to clamp down and see what happens. The hope for action is that military will cave in and accept to be the repressing agent. If not, then it will have to be the thug gangs that the regime has been promoting all these years that will do the job. They seem able and willing.

Will the whole strategy work?  It may. It may not. More in a coming post this week end..
----------------
Two notes added in proof-

1) In regard of the "why". The recent confrontation with Lorenzo Mendoza may have sped up the decision to procede with the decree. That Polar are the lone products available is a gaping hole in all the conspiracy theories of why the "economic" war is letting the country slowly starve. The expropriation of Polar is something that was a target of that decree and something that the regime needs to do, to bring down the last remaining independent institution in the country, a symbol on how failed the regime is. It also would suicidal but that is probably what the regime wants. Abject poverty for all.

2) And what about the Vice president?

I have a hard time to think that he is part in that show. He was having discrete and difficult contacts with Ramos Allup. Aristobulo Isturriz was named to try to find a way to work with the new Assembly and he knows that such negotiations last weeks and months, in the best cases.  We were even led to believe that some of the appointments of January were to reinforce somewhat the more "moderate" line of Aristobulo, to give it a name.

Clearly that TSJ decision sinks any discussion Aristobulo was trying to have. So two hypothesis.

1) he was making some headway and radicals did not like it and use the TSJ to blow at Aristobulo who will be forced to apply a decree that he knows full well will not work and that he will be forced to take the blame for it. If that is the case I will recommend Aristobulo to start a political crisis by resigning right now, at a press conference, convoked to announce new measures and instead to announce his resignation.

2) he was not making headway, or did not intend to so anyway. So these discussion were to gain time. As such he embraces the TSJ ruling and seals the final break up with the Assembly and walks straight ahead in the constitutional crisis.

I suggest Aristobulo to think carefully about his next move because he is being set up, no matter which is the hypothesis he is working on. But if I were to advise him, I would resign and create a scandal.

The plot sickens thickens (add some OAS salt to correct taste)

In brief. The National Assembly today did not hold its scheduled session for lack of quorum: nobody showed up. This is strange because opposition MUD representatives hold a majority large enough to seat on their own, quorum assured.

Maduro's gauntlet?

The thing is that the constitutional crisis/coup is in full swing and all sides needed to take stock and prepare the next move. So, as to not add more oil on the fire, nobody showed up and there was no legal battle on whether the N.A. session was duly cancelled.

What is going on is very simple and comes from many previous posts: the regime is hell bent on annulling the new assembly. To begin with it needs to fire enough MUD representatives so that the opposition loses its 2/3 supernumerary which could jeopardize the number 1 asset of the regime: 100% control over the judiciary branch directed through the high court, TSJ.  This TSJ is composed of assorted goons with a less than stellar career when not implied in previous crimes. This detail is important as we will see later.


Thus the regime is in a battle for survival implying that justice will not looking into their criminal deeds and ministers are not subjected to hearings, and the money sent to Cuba is not audited, etc. etc.

The fight between the TSJ and the N.A. has,apparently,according to some folks, another component: a battle between Maduro and Cabello.

President Maduro would be under Cuban orders to find a provisional modus vivendi with the opposition. In Havana they know about maths and they probably realize that a new electoral option is not a good idea. While they come up with something they need Maduro to sing and dance, legally, so not only Venezuela keeps sending some cash to Cuba but long enough for the Castro to speed up any arrangement they need to complete with the West.

On the other hand former N.A. head Cabello, leader of the nouveau corrupt rich group "bolibourgeois" and the army portion doing sweet business and assorted narco traffic has on December 6 lost a lot of his "political base" (for lack of a better word to describe mafia groups active in politics). Since it is more than likely that Cabello may not be able to leave ever again Venezuela since there is too real a risk to be arrested by Interpol at some airport, he needs to feel safe at home. Thus any agreement between Cuba, and Maduro, and the army, and whatever, needs to go through his approval, an approval that can only be granted if Cabello preserves a more than significant power quota.

Unfortunately for Cabello some of his rivals have smelled blood in December and think that the time to get rid of him has come. So Cabello has to rely on the only sector where he has immediate strong support: the TSJ. Cabello certainly does not control all of the TSJ but all of its members have potential problems with real justice. That is, when real justice comes again to Venezuela it is fair to say that at the very least 80% of the current members will have to account for their actions. Already we have had two justices that preferred to leave the country in a hurry with a one way ticket. And other whose silence is growing.

It is thus easy for Cabello to use his blackmailing power on some of the judges to emit favorable rulings to HIS cause, and force the acquiescence of the other judges, even if silent. That such rulings also favor many inside chavismo that are not in the Cabello faction is a mere bonus point for Cabello.

How is that alleged battle playing out? For one thing it is not that visible even though Maduro has given signs that he may compose with the new N.A. Oh, ever so slightly, but to acknowledge that he would go to the N.A. for his State of the Union speech next Friday was already amazing! What Cabello does is the reverse, bring down to justice as many MUD representatives as possible, make the N.A. either irrelevant or illegal. And that would be that. Besides criminalizing some of the representatives let's not forget that there are still going on attempts at forming parallel communal assembly structures and just plain naked violence. For Cabello it is very simple, if he loses, he loses it all. You can understand that dialogue and mercy for him are not an option.

This is all fine but I do not subscribe in full. For one thing sinking Cabello could capsize all of the regime anyway. This is why the country has remained paralyzed for the last two years as no reform or mere initiative could be taken to solve our problems least a chavista faction got hurt in its interests. More importantly for me is the high fascist content of the regime. No matter what, in the end the temptation to kick the board may be too strong to resist regardless of public or international opinion. Fascists tend to be gamblers, you know. Or if you prefer another way to look at chavismo think about the story of the scorpion hitching a ride with the frog to cross the stream.

And that is why today's second letter of OAS Almagro to Venezuela is, well, a bomb in the pond.

If you recall OAS secretary Almagro wrote a lengthy 18 pages letter to Venezuelan electoral board decrying with perfect accurateness all the biased and unfair conditions for the electoral campaign of last year. That letter proximity to the election date had a clear role and compensated in large part the blockade of international observation enforced by the regime. It is fair to say that it helped the real result to be published.

Today Almagro published a 7 pages letter directly to Maduro, equally accurate, to show him that the world knows exactly what is going on in Venezuela. And later today Almagro noted the self sacrifice of the Amazonas state representatives accepting to remain on the side lines for a while as a major concession of the MUD, implying that it is about time the regime tames its crazies.

Camino d diálogo abierto por los legisladores d Amazonas pone el interés d #Venezuela primero y abre camino d distensión #CARTASGOEA #Vzla

— Luis Almagro (@Almagro_OEA2015) January 13, 2016

In that letter Almagro states that on his own volition he will need to call for the application of the Democratic Charter of the Americas if the regime persists in its attempt at voiding the expression of popular will. This is important because in the chavista mind such an initiative must come from a given country and all American countries are too scared to take the first step or too unsure as to who would follow. But times have changed (Macri in Buenos Aires, Dilma in the dumpster) and if Almagro takes the first step it will be much easier for the other countries to follow and a 2/3 votes for sanction to happen as Venezuela cannot pay off countries anymore.

The letter is too long to analyze in this already long enough entry. Suffice to say that it contains a careful legal analysis of the judicial power of Venezuela and its partiality towards the regime. And it writes, among other gems, that the TSJ ruling against the Assembly yesterday was a jump back to practices of the XIX century in Latin America (page 4). And Almagro goes as far as implying that the meager evidence used by the TSJ may have been a plain forgery (page 5).

Needless to insist that Almagro would have never written and sent and made public such a letter were he not to feel the clear support of a majority of OAS members. Chavistas do not understand that but that is how serious organizations function.

What will be the effect of Almagro's letter on the current crisis is not clear. After all the OAS is not going to send land troops. However one thing is certain, without the approval of a legal AND legitimate N.A. Venezuela's ability to borrow will be near null. And the severing of relations with many countries as a consequence of the application of the Democratic Chart would have further damaging effects on our tragedy. The beauty of it all is that the leaders of the fascist regime that would dare to go against the OAS would not be able anymore to leave Venezuela under threat of immediate arrestation at any airport where they land.

The question here is whether the people that have stolen less than Cabello, made minor crimes compared to those of Cabello, will accept to go down with him. After all many of the judges talking the talk these days could get away with only a couple of years in jail and then be able to enjoy a large chunk of what they have stolen. Why would they get life sentences like Cabello and a few narco generals demanding their protection?

That is where the real question in Venezuela is even though joints like the NYT would never dare publish such. But that is why you read blogs this far.

Judicial coup for dummies

So I am late into the fray, just learning about an hour ago what the High Court has done today. See, I live in reality. I had a delicate situation with my S.O. and, besides appointments, part of the day was to look all around for rather simple antibiotics, and pain killers and anti inflammatory pills. We found two of them, not the ones recommended by the physician albeit acceptably less suitable alternatives.

In a waiting room I got wind of the declarations of the new minister for urban agriculture. I found the video tonight (at end of this entry). Indeed, she wants everyone to grab a tin can, and empty bottle, put some dirt and recycle the roots of any vegetable we can, starting with green onions.

Today we also learned that Venezuela oil barrel has reached its lowest price since 2002.

Recycling the root system of green onions? Can I plant pot instead so as to escape reality?

All of this to give you a little context for what comes next.


The battle between the electoral hall of the high court (e-TSJ for short) and democracy keeps apace. The e-TSJ has decided today (even though they should be on judicial holiday) that seating the representatives for Amazonas was illegal and puts the National Assembly into contempt. And thus ANY decision of the N.A. is void and will be.

There is no point in going back into the detail of the contentious. For recall what the e-TSJ has done is illegal for many reasons: all appeals in front of the electoral board CNE have not been exhausted; there is no legal emergency; even with three seats less the N.A. can vote on 99% of laws it  needs to vote on; the e-TSJ first ruling came during judicial holiday; the e-TSJ has no right to void an election without some form of trial; etc.; etc.; and without mentioning that the allegations of fraud committed in Amazonas, even if true, pale in comparison to the accusations of fraud for every chavista candidate elsewhere.

Clearly, electoral justice is the least concern of the e-TSJ. The objective is elsewhere.

The objective is to stop the N.A. work before it has a chance to start hearings and voting laws that will limit or erase the power of the chavista elite. Complicated by whatever internal fight chavismo is having.

That is why a faction of chavismo, more than likely led by Diosdado Cabello as Maduro has more to lose in such a confrontation, uses the courts to undo the Assembly election. Going to the point of threatening the dismissal of the N.A. with the TSJ taking upo its functions until X.

The reactions of the N.A. were equally previsible. And the N.A. vice chair stated that they were not going to respect a "political" ruling of the e-TSJ.

It is also an excellent opportunity to remember a December 12, 2014 article in El Pais from Spain, English section where it is explained that

reviewed 45,474 sentences issued between 2004 and 2014 by the political, electoral and constitutional chambers at Venezuela’s Supreme Courts - in charge of government oversight. The group published the results in a new book, El TSJ al servicio de la revolución (Editorial Galipan), which it is distributing in the country in an almost clandestine manner. Analysts and journalists see this thick book as a gem. The main conclusion of this long essay is that the Supreme Court has never delivered a sentence against the government.

My emphasis. I rest my case, the e-TSJ ruling has nothing to do with electoral justice. This is a judicial coup in progress where a partisan named court will undo the popular will exerted through perfectly legal, even if biased, elections.

That is all.

So, what next?

Certain argue that the N.A. and Ramos Allup acted harshly, that after all they could start doing a few things with the 109 other seats. That they should have waited even if it left Amazonas without representation at a crucial time.

Others, like the ones rejecting the ruling, think that there is no other way but to confront.

I side with the later for various reasons.

- The e-TSJ "ruling" is not the first, it is already the second and there is already clear evidence that more is coming. The ex-chair of the TSJ has said it so, anticipating today's e-ruling (I have written a lot on her, Luisa Estela Morales Lamuño, in this blog).

- Avoiding a confrontation is useless. Postponing may make sense but when the regime attacks first you need to reply and up the ante.

- This is a thugocracy/kleptocracy/drug-lord-ocracy. Legal elegance is something that flies way above their heads. Accepting any thing from them is just the same as validating their crimes and pushing them forward.

A coup, violence, is unavoidable because the leader of the violent is Diosdado Cabello and he sees in his future an orange suit. Unfortunately there are dozens that also are looking at different ways to wear orange. If anyone disagrees with me they are welcome to explain why I am wrong.

Considering the reality that I live in I am painfully aware that what the regime seeks is to delay any action from the National Assembly and this will be leaving el pueblo, me, with neither food nor medicine. But, my friends, confronting or not the regime IS NOT going to speed up the solution to our problems. We can be only sure of one thing: as long as Maduro and Cabello are in charge, nothing, absolutely nothing will get fixed. They cannot fix it. They cannot care less.

Might as well go for it.

--------------------------------------




There is an older video of this weirdo saying that she would pinch the balls of any gringo landing in Venezuela during the uproar of the DEA putting narco-personnel on its lists. I suppose her agricultural project include also planting pot at home?

The now you see, now you don't see the constitutional coup {UPDATED URGENT}

Guys, this is it, the real thing. The regime cannot accept the electoral result of December 6 and has started this week to pull real moves to make sure that it keeps firmly in control of the country, or at least the essential, namely that its leadership does not go to jail (not even keep looting, there is not much left to loot...).

In short the regime is holding a coup d’état except that instead of having tanks rolling down the avenues it is packing the courts and removing representatives recently elected through that packed court. Il suffisait d'y penser (1)


The regime had been remiss in packing the high court, TSJ, a chance it would have got a couple of months ago even though it was illegal as it was at the cost of forced early retirement for the judges whose term ended soon and would be replaced by the new assembly where the regime was sure it would not get the 2/3 and not even the 3/5. For reasons that we do not know the regime did not proceed and now that it lost the election it is going full speed at it even though it is breaking all of the legal parameters that the regime set itself. Now conveniently the TSJ just issued a ruling saying that Diosdado Cabello, the outgoing Assembly chair, can do all the legal violations he is doing.

Yet there is a problem with that attempt at securing for half a decade a unanimous support for the regime at the TSJ: it is so blatantly illegal that the new assembly after some struggle could manage to revoke the new judges. It still would not be able to get a political majority in the TSJ but the mere thought of a dissident opinion is enough to send shivers through the regime spine. Remember: nobody in Venezuela recalls the last time the regime lost a case in court, and nobody has a notion that there could just be such a thing as dissenting court opinion.

Add to this that the recent arrests in Houston and Miami are promising yet more corruption revelations of such a magnitude that, well, time si running short for those who allowed it to happen here. And we can also add that the negotiations between Cuba and the US are at a standstill due to the complex electoral system of the US that makes the year before a presidential year a lost one where no controversial measures can be taken. It is likely that Raul has decided that power has to be retained at all cost so that he keeps getting his monthly allowance (2).

So the regime has decided to go in full coup mode. Today, even though the TSJ is on legal and formal holiday vacation, it reopened for a few minutes to allow the regime to send a writ to suspend at least 22 of the representatives of the opposition elected on December 6.

This is totally illegal for so many reasons...  To begin with, the recourse must be set first with the CNE, electoral board, who has to judge on the merits before it goes to the TSJ. The regime is claiming nakedly electoral fraud even though its control over the electoral system is total and the elections unfair conditions toward the opposition have been widely discussed overseas. What the regime is doing is accusing the opposition of a electoral fraud that it simply has no means to do, even if it wanted to do so; and thus the regime gets a sentence in its favor before the parties get their day in court. Etc., etc...

What the regime wants immediately? If the new assembly finally gathers on January 5 (which is yet to be seen as the Parliament seat is actually occupied by an assembly of the appointed "poder comunal" which the regime is toying with the idea of it replacing the elected assembly) it would be incomplete. Having less than a 2/3 majority the regime could even block its working by walking out and forfeiting the minimum attendance required to vote laws. Also, the opposition worried on regaining its 22 seats will not have time to investigate the Cabellos and Rincon and Ramirez of the regime. And while all of this takes place the regime can come up with more provocations making reactions to such acts an excuse to disband outright the elected assembly.

And more, but this is long enough as it is.

I think that at this point the opposition should come out explicitly announcing that it will go to the OAS and Mercosur to denounce a constitutional violation and annulment of a legitimate power, duly elected though supervision of the enemy.

This is a coup, we must call it so, in the hope (vain?) that the regime will back down from a provocation that will descend the country into chaos and will speed up the bitter end of those who seek protection though that coup. Indictments are coming in the US (and elsewhere), so the best that Cabello and his corrupt narco cohorts can hope for is to transform Venezuela into a jail from which they cannot go out. Then again they are pranes so they may be OK with it. (3)

UPDATE

We just learned that the TSJ said it has not received any writ for cancelling the election of the 22 opposition representatives?  What the f....?

Now, the curious thing is that this late the TSJ decided to reply, to say no, and to accuse the 2.0 of creating destabilizing rumors. That is, if there is no writ the TSJ could have well waited tomorrow morning, or not replied at all, or elliptically state that they were close for business until January 11 so they could not possibly have any answer. But no, they replied and took the opportunity to lance barbs at the opposition.

What happened?
The reaction may have been fast enough to the point that a few phone calls made through at Maduro's office and the order was stopped (for the time being?).
Or it is a reflection of the internecine warfare of chavismo as such a measure is bound to affect one side more than the other. The side not controlling that event put a stop to it.
Or it could be the military repeating that there is nothing to be done until January 5, that the regime needs to wait for a offense from the opposition before retaliating,  and no offense can be done until January 5).
Heck, it could even be someone at the CNE with half a brain that told them that they should let the CNE rule on that first, that they will oblige gladly but that they should have the first go to make the thing look like a valid judicial trap.
Or simply it was a mere trial to test the opposition readiness for bigger things planned.
Or a distracting tactic so people talk about that instead fo the 12 justices that will be illegally replaced.
Or a combination, or something else totally.

The only thing that is certain is that the regime is looking for ways, and looking, and looking et qui cherche trouve. (4)

Note: I had to change the title of the blog entry. The first time ever!

---------------------------------

1) One just had to think of it

2) Credit to Rafael Poleo of Zeta. Then again for me the case is that these people are probably not even thinking of Cuba now, just thinking as to how to save their butt. So the fortunes of Raul and Fidel are not that pressing for me right now.

3) Pran is a leader in the Venezuelan jail system. That is, a thug/mafiosi/gangster/whatever that directs his gang from inside the jail where he actually gets more protection than if he were outside the jail. Jails in Venezuela even have discos and swimming pool. You may not be able to go out (some do) but life inside is OK and through cel phones you can keep operating your racket.

4) Who seeks shall find

The repressive, dictatorship consecrating, enabling law is out

Original

So, after much, much hot air the regime had to show the enabling law it wants for Maduro to become a full time dictator. It does not matter whether the unconstitutional project is to silence the opposition or to purge the ranks of chavismo of its undesirable elements (they are all undesirable but apparently there are gradations within chavismo). The fact of the matter is that chavismo does not want its bankrupt regime to be discussed either on the air waves, or the newspapers and even less at the Nazional Assembly (yes, I am retaking the "Nazional Assembly" moniker because after this re-edition of Ermächtigungsgesetz the next step is our own version of Nuremberg Laws which the projected enabling law contemplates as an extension of our very own Tascon list).


The excuse the government offered is that there is a need to fight corruption and to face down a severe economic crisis. But the solution offered by this enabling law is to silence the opposition, find corruption there and among some token chavistas for good measure, more to make room for other corrupt chavista officials rather than any good intention.  The economic measures are fake ones as a regime whose currency went from 500 to a dollar to 50,000 to a dollar in 14 years has no credibility anymore on this respect. Amen of an inflation currently at 50% annual. As long as the perpetrators of this economic disaster remain in office no enabling law of any type will solve the problems. This is not a matter of laws, it is a matter of personnel.

80 years later copy

To illustrate the above, I will let you know what each item of the law truly means. The law is rather short, and curiously the Hitler one was very short too, and also 4 articles both. Some coincidences are too amazing to pass over.

Article 1, part 1, is supposedly to fight corruption.

Item 1-A states that the law wants to rebuild the morality of public administration and orient it to socialist values.  We are not far from official segregation, Nuremberg style.

Items 1-B and 1-C give the executive power of the country right to create mew types of crimes and fix the sanctions. See above.

Item 1-D, just as Hitler's article 4 was, allows the regime to take the international measures it sees fit, which basically means expropriate whatever foreign companies own here.

1-E is to make sure opposition parties cannot find electoral financing.

Items 1-F through 1-H are to give the government sole control on any foreign currency in the country.

Part 2 leads to the economic items.

Item 2-A basically gives the regime leeway to get rid of trade unions and contracting. That is, the trade unions of state companies that protest because the regime does not fulfill its obligations will be shut down.

Items 1-B through 1-E give the regime the power to intervene at will any aspect of economic activity, deciding what is done and by whom.  Item 1-F, the last one, is in fact a veiled disguise that expropriations will now proceed without compensations since it will be "to guarantee the right of the people to have goods and services, safe, of quality and just price".  This is impossible to achieve unless you force producers to sell at a loss if necessary, or expropriate them without the burden of owing the value of the property.

Article 2 is the nail in the coffin of private enterprise and freedom because Maduro will in fact have the right to qualify a law "organica", which in Venezuelan law means it can only be changed with a 2/3 majority in the parliament. The absurdity and unconstitutional nature of this provision is obvious since the parliament will not have a 2/3 vote for approving this law and yet Maduro will enact laws as if they got the 2/3 vote.

Now, does anyone still think we are not in a dictatorship?

You are of course all welcome to find the adequate parallels to any enabling law or repressive totalitarian regime of your preference.

Enabling law as intra chavista power play of radicals in the ascent

UPDATED There two major news today, one just breaking with the "promotion" of Ramirez to the vice presidency of Economic area while the fate of the previous holder, Merentes, is still unknown (he may retain his seat of finance minister but we have no confirmation at this typing). The second news is the expected formal petition for an enabling law for Maduro. Let's start with this later one although the first one is the more revealing news as to what is truly happening.

Since Hitler's enabling law, that tool as never led to good results. In Venezuela its use has been abundant and has been abused under Chavez. But at least in previous Venezuelan applications the president was freshly elected with a clear victory over the runner up, or had high numbers all the time like Chavez. Maduro has neither high numbers in polls, nor a clear mandate and even less of a clear victory whatsoever as April vote is now recognized as a fraudulent one even by many the rank and file chavismo (though they remain discrete about it because, well, they are cashing in, you know...).  It is not that a limited enabling law with a limited scope to speed up necessary legislation over a punctual problem is necessarily a bad idea, but in a country which under Chavez has revealed its deep lack of democratic fiber such a constitutional figure should be abolished outright. Chavez in his last installment used it to annul the newly elected National Assembly and moved on with it to prepare the grotesque state support for his fraudulent reelection of last year.

Maduro advances many made up excuses to request an enabling law of his own, NONE making sense. He wants to use it to fight corruption but all the necessary legislation already exists. The regime simply refuses to apply it, refuses to tackle corruption which latest example is found with a public official caught with 400K euros in cash in Bulgaria. He wants to use it to fight an alleged economic coup, so that there will be no food shortages. But the solution is easy there since the regime already controls all the foreign currency outflow, already controls the price structure, already can expropriate whatever it wants, already can jail any "saboteur". He wants to use it to stop Venezuela's dependency from oil but he forgets that chavismo has been in office for soon 15 years, has had already enabling laws and the end result of them is that MORE THAN EVER we depend on oil. Another enabling law is not going to solve any of these issues. NONE.

So, what gives? We need to search the true reasons of the enabling law elsewhere, in the murky waters of the internal power struggles of chavismo. Basically we have two sides, each with significant subgroups. To simplify matters there are the "moderate" which understand the value of money and that we are in a globalized word that imposes some of the rules that all must follow least they fall on the wayside. If the economic failure of Chavez, and Cuba, and Zimbabwe and others are not enough for you to understand what is meant by a minimum of rules to follow then it means that your interests are elsewhere, in Nincompoopia. The "radicals" are the other side, the ones that praise to high heaven the tyranny of the Castros over Cuba, who think that indeed Venezuela belongs to Nincompoopondwana, the famed continent where the USSR was a production power house and where Cuba is actually a tropical paradise.

Loosely Diosdado Cabello represented the "moderates", those that love dictatorship with profits. One of his men, or at least kindred spirit in the Maduro government, was Merentes, the finance minister in charge of the vice presidency on economic matters. The "radical" wing was better represented though the fact that "moderates" were officially present seemed to indicate a certain falling back after Chavez death. However in recent weeks it was clear that Cabello did not seem to have the ascendant that he once had. The departure of Merentes, foretold by his clear inability to impose his economic views over Giordani, Jaua and Arreaza, seems to indicate that the "radicals" have finally wooed the "neutral" group led by Ramirez, the smaller, more discrete group in the cabinet but the one that knew how much cash was truly available from oil production. Ramirez is an ideologue, a "resentido social", and should have been counted from the starts in the radical group were it not that his utter lack of charisma and link to the common folk made him realize that he had more to gain personally if he stayed aloof in the immediate post Chavez era.

This is how we must read what is going on this week. The "radicals" are trying to edge once and for all whatever "moderates" are left in charge. It is too early to decide for certain whether this is a mere electoral ploy to mobilize the radical bases to avoid a disaster in December. I think unfortunately that it goes deeper than that. The economy is tanking and the radicals feel cornered. They have decided to remove once and for all any democratic pretense so as to remain in power through repression. This start by insuring the unity of chavismo in a single faction, more able to tackle the democratic opposition later on.

The questions are now: Will Cabello allow for the enabling law to be voted? Will the corrupt and rich and lazy military cave in knowing full well that they will soil their hands with bloods if the radicals take over completely? Is the intricate network of corruption and blackmail inside chavismo enough to neutralize Cabello and the army higher ranks?

Maybe the time has come.
----------------------

UPDATE.  So I watched the second part of Maduro's speech at the National Assembly tonight requesting the enabling law. I am not going to go into details as I sort of tweeted it live in Spanish. I am just giving you the executive summary.

The performance was pitiful: Maduro had all the trouble in the world reading the speech from a booklet. He did not write the speech, that much was obvious by the amount of words and sentences he had trouble with. In fact it is fair to assume that the speech was written by Giordani, the great apparent winner of the economic struggles of the past months. With the help of some Cuban advisors, of course.

The speech was insulting, idiot, uninformed, mean and ideological in a way that not even Chavez would have dared to do in his best years. As such it is clear that his appointed successor and help have not an inch of Chavez skills, but more than his hatred. Then again you need to understand that the speech was not meant for you or me, it was meant for the chavismo rank and file that is getting harder and harder to emote. And also to those inside chavismo that are refusing to follow the Cuban cue as burped out by Maduro.

I think the performance was pitiful and I doubt that Maduro got much traction with it. It is clear that his objective is to muzzle any opposition to his rule, and not only the democratic one. That Cabello screamed and cheered is simply beyond my understanding as he is one of the targets of the proposed law. I also doubt that trying to blame all of the shortcomings of 14 years of Chavez and 10 months of Maduro on anyone but themselves really does not work much today.  I know, I know, the Venezuelan electorate has demonstrated ample stupidity and venality in the last decade but I am going to remind you the stuff that you can fool all of the time some of the people, some of the time all of the people but never all of the people all of the time. And when I write ALL I mean the group that voted for Chavez in 2000.

What happened tonight was indeed a declaration of war but we are not sure against whom, and for what objective. In fact, I am not sure whether Maduro knows.

Note: Maduro was abundant in his insults and reproaches but we still does not know anything about the specifics of his request.....

Dreams of constitutional repression

That ever self serving pseudo panacea of our sub continent, calling for a constitutional assembly to solve problems that politicians have no resolve to deal with directly, is being invoked all around. After all, the brilliant example of Chavez who called for a constitutional assembly to solve Venezuelan problems is there for all: not only he did not solve any of his country problems, but he made them worse, and he certainly did solve the financial future of his relatives and friends, ending himself as a president for life.

These weeks we heard from different points a call for some form of constitutional assembly, and in all cases it comes from a group of people that are unable of unwilling to have their way and thus want to use the mechanism.  Let's not be afraid of words here, what they all want really is a soft, legal repression, that will silence down those that are not allowing them to get their way.

Let's start with Brazil of Dilma Rousseff who has never being characterized by her creativity nor her own political following. She is calling for a constitutional revision process as the only way she can come up to quiet down the brewing revolt in her cities. That in ten years of PT rule through her and Lula they have not being able, or willing, to face the problems of Brazilian politics, even trying to benefit from them as the corruption "mensalao" case under Lula shows, is not something that she is very intent to apologize for. In fact, her latest deal, praised as democratic by many people who should know better, maybe be supported by a PT who finds in it a way to stop ruling as a coalition, something that, well, hindered some of the most extreme proposals that rest in their filing cabinets.

Less obvious but still along the lines is coming from the Bachelet campaign team who wants her back in office. They are trying to have people forget about the poor readiness of her administration in the earthquake that happened a few days before she left office. They think that a constitutional proposal is a good scheme. Hopefully in Chile there are a few minds that understand that even though the constitution is a legacy of Pinochet, changing it brutally is not necessarily the solution: one smart wit calls it a "lyrical coup".

In Colombia of course we have the other naked extreme: the FARC that uses a constitutional assembly as a way to pressure Santos to cave in their demands. This has little chance to fly because Colombia has changed her constitution not that long before Venezuela and the change has worked much better, no comparison, than the one in Venezuela. But the FARC knows that right now, as they are in a defensive position, not to call it cornered, their only chance to obtain an amnesty is by silencing those seeking redress for the crimes committed by the FARC. They thus put forward outrageous demands to have Santos cave in. They are of course pushed by Cuba and Venezuela who desperately need that second corner stone of an anti US league, next door to Panama. As such a constitutional assembly in Colombia would be nothing more than a repression of those intent on punishing the FARC for its crimes, just as the Venezuelan constitution of 1999 was a way to "forgive" the coup-mongers of 1992 who went from a life of violence to a life of obscene corruption.

Which brings us to Venezuela where election-stolen Capriles has finally admitted that going for a constitutional assembly may be the only way to get rid of the hyper corrupt regime issued of 1999. In fact, some even are suggesting that we could ask outright to a simple return to the 1961 constitution through a referendum.

Besides the many legal and electoral obstacles that such a proposal has in a Venezuela dominated by the mob, and worthy of several post of their own, this proposal of Capriles sounds like a little bit too little and too late. What he is doing, in part, is using the idea to silence (repress?)  in his own camp those who demand more action from his part.  Let's not forget that Diego Arria had made a new constitution his main, if only, plank for the 2012 primaries. Just as it was in 1999, a constitutional change is not going to solve the problems of the country who know include a wealthy mob that will sabotage any, ANY, regime that does not oblige them.

To all of these characters, and not wanting to sound pro US, I will remind them that the US has had the same Constitution in effect since 1789, duly amended through extensive processes that required quite a lot of discussion and compromise between the parties involved. The UK still does not have a constitution. France, for all of its apparent historical instability, had no constitution between 1870 and 1946 and the current one is effective since 1958. What is common among them (and other such countries)? That any constitution, or lack thereof, is only as good as the people who apply it.

That is why the current LatAm examples described above are simply ways for a political group to distract from the real work required in each and every country, in each and every reality. They are dreams of legal repression of the antagonistic sides (though in Venezuela at least Capriles has some valid points as he is dealing with the mob).