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. 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 an “explanation” on Egyptian television that appeared to backtrack from a presidential decree that had placed Mr. Morsi’s official edicts above judicial scrutiny — even while saying the president 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 demonstration that Egyptians would no longer allow their rulers to operate above the law. But there appeared little chance that Mr. Morsi’s gesture alone would be enough to quell the crisis set off by his perceived power grab.
How far that gesture might go toward alleviating the political crisis, however, remained uncertain. Protesters remained camped in Tahrir Square, and the opposition was moving ahead with plans for a major demonstration on Tuesday.
In a televised statement, the presidential spokesman, Yasser Ali, said for the first time that Mr. Morsi had sought only to assert pre-existing powers already approved by the courts under previous precedents, not to give himself carte blanche from judicial oversight.
He said that the president meant all along to follow an established Egyptian legal doctrine suspending judicial scrutiny of presidential “acts of sovereignty” that work “to protect the main institutions of the state.” Mr. Morsi had maintained from the moment of his decree that his purpose was to empower himself to protect the constitutional assembly from threats that Mubarak-appointed judges might dissolve the constituent assembly, which is led by his fellow Islamists of the Muslim Brotherhood’s Freedom and Justice Party. The courts have already dissolved the Islamist-led Parliament and an earlier constituent assembly.
But the text of the original decree has exempted all presidential edicts from judicial review until the ratification of a constitution, not just those edicts justified as “acts of sovereignty.”
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. But lawyers said that the verbal statements alone carried little legal weight.
How the courts would apply the doctrine remained hard to predict. And 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 Mr. Morsi’s 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 take it back,” 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 pharaoh, 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 them an excellent opportunity to score.”
