Chavismo and the Venezuelan National Assembly have today decided to follow the path of maximum illegality when they announced that Hugo Chávez will not show up on Thursday and will be sworn in a some time in the future by the Venezuela Supreme Court. At the same time, the National Assembly approved that President Chávez can take an unlimited leave of absence, something that it is unconstitutional and illegal.
The whole show is a bizarre and unnecessary twist to the problem of what to do with Chávez’ inability to be sworn in due to his illness, as this is simply a break with the laws and the Constitution that is likely to have repercussions beyond what Chavismo apparently believes.
The whole sequence of events is bizarre to say the least:
-It all starts by a letter by Vice-President Maduro, the person with the largest conflict of interest in all this, as his tenure as Vice-President clearly ends on Jan. 10th. with Chávez’ six year term. Moreover, there is not even the pretense of having Chávez sign the letter. If Chávez is doing better and will be able to be sworn in sometime soon, why didn’t he even sign the letter? Maduro clearly has no legal right to make this request for the Venezuelan President.
-As if this was not enough the National Assembly approves a spurious resolution, giving Chávez an unlimited leave and without even following what the law requires for a President, which is a medical committee giving an opinion and the Assembly approving the recommendation of such a committee. Only the Supreme Court could approve that you can extend to Art. 233 of the Constitution a President-elect, but under no circumstance could the Court or the Assembly grant Chávez an unlimited leave.
-In the case of a temporal absence, the Vice-President would become President, but since Chávez has not been sworn in, it is absolutely unconstitutional for current Vice-President Nicolás Maduro to extend his Vice-Presidency into the next term. Since Chávez has not been sworn in yet, and it Maduro says he will not be for a while, then the only legal solution is for the President of the National Assembly to become President until the situation is resolved with the approval of the Venezuelan Supreme Court (Which may still happen before Jan. 10th.)
What is scary about this whole situation is that if it does extend into Jan. 10th. Chavismo (And not Chávez! We do not know his opinion!) will be taking the country on a path of piling up one illegality on top of the other. This could take years to unravel, as someone has to run the country, but all decisions after Jan. 10th. will lack any legality and could be challenged some day. This could have dire consequences for the stability of the country medium and long term. Moreover, once someone decides to bypass the Constitution, all sorts of demons are unleashed among all of those aspiring for power.
I wonder if those demons are what is already causing these bizarre situation.
The question remains why this path has been chosen. Either Chavismo does not want or does not trust Diosdado Cabello as President or Chavismo (and the Cubans) have decided to turn the country into a Dictatorship, the Constitution be damned. The question is in the former case is why would Diosdado follow Maduro on this?
And as one analyst asked me yesterday: Will these guys even hold elections if Chávez dies?
You have to start wondering…
For the last few days, I have believed that a Constitutional crisis would be avoided when push came to shove. Right now, I can only sit here and hope that the Supreme Court will say something tomorrow, before Venezuela is taken into an unknown path packed with instability.
After Jan. 10th. anyone that sides with Chavismo and this foolishness will be on the side of illegality and and a coup. Remarkably, not one person on the Chavismo side has yet raised a voice of concern.
They have less than two days to speak up or side with those breaking with Venezuela’s Constitution.