Tara Todras-Whitehill for The New York Times
Egyptians stand near a burned out school, before the funeral of Mohammed Gaber Salah, an activist who died Sunday from injuries sustained during protests.
CAIRO — With public pressure mounting, President Mohamed Morsi appeared to pull back Monday from his attempt to assert an authority beyond the reach of any court, as his allies in the Muslim Brotherhood canceled plans for a large demonstration in his support, signaling a chance to calm an escalating battle that has paralyzed a divided nation.
After Mr. Morsi met for hours with the judges of Egypt’s Supreme Judicial Council, his spokesman read a statement on Egyptian television that appeared to backtrack from what was widely understood to be Mr. Morsi’s attempt to place himself above the law — even while saying he had not actually changed a word of the statement.
Though details of the talks remained hazy, and it was not at all clear whether the opposition or even the court would accept his position, Mr. Morsi’s gesture was another indication that Egypt’s rulers can no longer operate with impunity. Time and again they have been forced to respond to public demands for rule of law. How far that gesture might go toward alleviating the political crisis, however, remained uncertain. Protesters remained camped in Tahrir Square and the opposition called for going ahead with a protest demonstration Tuesday.
The presidential spokesman said for the first time that the president sought only to assert powers already approved by the courts under previous precedents, not to give himself carte blanche from judicial oversight. Instead, his spokesman said the president had intended to protect the country’s constitutional assembly from the threat of being dissolved by courts of judges appointed by former President Hosni Mubarak before it finishes its work.
In his statement, the presidential spokesman, Yasser Ali, emphasized that the president had not amended his original edict issued last Thursday. He said that the president meant all along to follow an established Egyptian legal doctrine allowing presidential acts above judicial scrutiny “to protect the main institutions of the state.”
Legal experts said that the spokesman’s “explanations” of the president’s intentions, if put into effect, would amount to a revision of the decree he had issued last Thursday. That decree sought to remove all presidential decrees from judicial scrutiny until the ratification of a new constitution. But lawyers said that the verbal statements alone carried little legal weight.
How the courts would apply the doctrine remained hard to predict. And the Mr. Morsi’s political opposition indicated it was holding out for far greater concessions — including the breakup of the Islamist-led constituent assembly.
Speaking at a news conference while Mr. Morsi was meeting with the judges, the opposition activist and intellectual Abdel Haleem Qandeil called for “a long-term battle,” declaring that withdraw of his new powers was only the first step toward the opposition’s goal of “the withdrawal of the legitimacy of Morsi’s presence in the presidential palace.” Completely withdrawing the edict would be “a minimum,” he said.
Most in the opposition focused on the spokesman’s declaration that the president had not revised the text of his decree. Khaled Ali, a human rights lawyer and former presidential candidate, pointed to the growing crowd of protesters camped out in Tahrir Square for a fourth night. “Reason here means that the one who did the action has to be take back, and those people you see in Tahrir Square are reacting,” Mr. Ali said.
Moataz Abdel Fattah, a political scientist at Cairo University, said Mr. Morsi appeared to be trying to save face with a strategic retreat. “He is trying to simply say, ‘I am not a new Pharoah, I am just trying to stabilize the institutions that we already have,’ ” he said. “But for the liberals, this is now their moment, and for sure they are not going to waste it, because he has given then an excellent opportunity to score.”
The attempt to qualify Mr. Morsi’s position follows four days of rising tensions and flashes of violence set off by his edict. He argued that he was forced to act because of indications that the Mubarak-appointed judges of Egypt’s top courts were poised to dissolve the constitutional assembly as soon as next week. The courts had already shuttered the democratically elected parliament and an earlier constitutional assembly — both dominated by Islamists — and the courts had also rejected an earlier decree he issued to try to reopen the Parliament.
By enabling the current assembly to complete its work, Mr. Morsi said, he would expedite the transition to a stable democracy with a written constitution and an elected parliament that would limit his own powers. His supporters portrayed his assertion of executive power over the judges a triumph of democracy over Egypt’s unelected institutions.
But his infringement on the courts touched a nerve. Under Mr. Mubarak’s authoritarian rule, the Egyptians had cherished their courts for providing at least the promise of equal justice and some check on official power even as they grew cynical about what they saw as corrupt or politicized judges, and over the past decade a judges’ campaign for judicial independence had helped lay the groundwork for the 2011 revolt.
To his surprise, according to at least one adviser, Mr. Morsi’s decree exempting himself from judicial scrutiny set off a furious reaction. The president’s fractious political opponents galvanized together into a unified coalition against him. Vandals attacked more than a dozen headquarters of his political party. Thousands demonstrated in the streets. Judges called for a national strike, which has begun in some places.
And the justice minister, a former leader of the judicial independence movement, publicly dissented, arguing that Mr. Morsi should limit his attempt to assert immunity from judicial oversight to acts only related to protecting the constituent assembly or other elected bodies — something the clarification offered Monday appeared to do.
