Venezuela's referendum - update: Court chambers disagree

Well, it just keeps getting more and more complex.

On Monday, the Electoral Chamber of the Supreme Tribunal in Caracas ruled that the Elections Council (CNE) must allow a number of contested referendum signatures to count - enough that would legally require a recall referendum on President Chavez to be held. Interestingly enough, the Constitutional Chamber of the court had previously issued an injunction against the Electoral Chamber because there was a petition on file to have some of its members recused due to partisanship, and secondly, because there happens to be no law on recall referenda - even though the law permitting them is there. Therefore, there must be an interpretation of the Constitution in order to decide whether the CNE is acting according to law. And the interpretation is apparently up to the Constitutional Chamber of the Supreme Court. Clear as mud?

It looks like the Electoral Chamber jumped the gun in ruling that the questionable signatures must be allowed. The majority of the members of the Electoral Chamber, as you might guess, are anti-Chavez.

Holy moly.

But, that's not where things rest. Of course.

The Electoral Chamber says that the Constitutional Chamber's overruling of the Electoral Chamber's ruling is illegal, because it requires a quorum of four judges to do so, and only three voted to overrule. The Constitutional Chamber has called that a lie, saying that four judges actually did vote to overrule.

The opposition (wealthier elites) are celebrating in the streets now on the assumption that the Electoral Chamber's ruling was the final word. Oops. Wait up. This could go ugly again.

One other problem with the Electoral Chamber's ruling: there should have been three judges on any decision, and the two anti-Chavez judges made the ruling in the absence of the third pro-Chavez judge, bringing in a replacement for the third vote - an illegal move. (Sounds like the Bush manner of appointing judges - wait till the Senate is out.)

The Venezuelan embassy in New York has issued a statement that declares this decision by the Electoral Chamber unconstitutional. The embassy claims that the final arbiter of constitutional interpretation is the Constitutional Chamber of the Supreme Tribunal, which Chamber is expected to release a ruling today or tomorrow.

But, guess what....that's not the end. Then it goes to "the full court". Whatever the hell that means.

Meanwhile, New York's 18th District Representative speaks out in favor of Chavez, and against Bush

Serrano represents New York's mostly Puerto Rican 18th district and is highly critical of President Bush's special envoy to South America, Otto Reich and especially the US trade embargo on Cuba, which Congressman Serrano wants lifted.

"Chavez Frias must be vigilant. Mr. Reich and others will not respect the fact that Chavez Frias was elected democratically and that is the most shameful thing about this." The Congressman knows that Chavez Frias was elected twice and says Reich doesn't like Chavez Frias because the latter's friendship with Fidel Castro ... "Reich's only agenda is to eliminate Castro."

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I have a feeling that it is going to be a very intense second anniversary of the attempted coup coming up April 11-14. And I'm going to be there. I'll try to stay out of the way.

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