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Mubarak sons walk free in Egypt. Will the former dictator be next?

Convicted last year of corruption, Alaa and Gamal Mubarak walked out of jail Thursday in Cairo after a court overturned the verdict. Former President Hosni Mubarak, who was overthrown in 2011, has also been cleared for release. 

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Mohammed al-Law/AP/File
Former Egyptian President Hosni Mubarak, seated left, and his two sons, Gamal Mubarak, far left, and Alaa Mubarak attend a hearing in a courtroom at the Police Academy, Cairo, Sept. 14, 2013. The sons of Mubarak were ordered released on bail Thursday, Jan. 22, 2015, pending a retrial in the last case that was keeping them behind bars, opening the door for the release of the two for the first time since they were incarcerated in the wake of their father鈥檚 ouster in 2011.

An Egyptian court has ordered the release of聽former President聽Hosni Mubarak's jailed sons, just days before the anniversary of the聽2011聽uprising聽that overthrew the longtime dictator.

The symbolism聽of聽their release is acute. Alaa and Gamal Mubarak had previously been convicted in a corruption case emblematic of the excesses of聽their father鈥檚聽three decades in office.聽Mr. Mubarak, a close American ally until his final chaotic days in power,聽remains in detention in a military hospital after being convicted in the same case. But he, too, is likely to walk free after a mistrial was declared earlier this month.聽

And while the jailhouse door has opened for the two brothers,聽pending a retrial, it remains shut for thousands of others who have been jailed under Egypt鈥檚 new regime, led by Abdel Fattah al Sisi.

Mr. Sisi, a retired army general, styles himself as a bulwark against chaos in the Arab world鈥檚 most populous country. Speaking聽Thursday聽at the World Economic Forum in Davos, Switzerland, he made a pitch for foreign investment in Egypt鈥檚 feeble economy and declared common cause with Western powers fighting terrorism. He hasn鈥檛 commented publicly on Mubarak鈥檚 acquittal.

Mubarak's eldest son, Alaa, was a聽prominent businessman, while his youngest son, Gamal, was a senior official in the ruling party and widely tipped to succeed his father before聽the 2011 uprising. They were convicted last May, along with their father, of embezzling over $13.5 million聽in state assets 鈥 the money had been spent on jacuzzis, double-door refrigerators, and even a private mausoleum for Alaa鈥檚聽deceased聽son, Mohamed.

But the case was thrown out on Jan. 13聽on a legal technicality. Under Egyptian law,聽the two brothers聽have served out the maximum period of preventative detention.聽The same聽applies to the former president and the question now seems not to be if, but when he will be released, though it remains politically sensitive here.

Critics decried the acquittals聽as indicative聽of the selective nature of Egypt's justice system. Thousands of dissidents have been jailed since the overthrow of Mubarak's聽Islamist聽successor, Mohamed Morsi, in July聽2013. Rights groups have pointed to a host of procedural violations in mass trials,聽some of which have put聽up to 683 people聽in the dock.聽But聽while an upsurge in popular anger swept Mubarak from power four years ago, his release聽is unlikely to spark a significant response.

Rehabilitation of regime insiders

The聽former聽dictator has been largely rehabilitated in the eyes of both the Egyptian state and its public, and members聽of his inner circle are back in favor. Some聽are now once again聽at the top of the political and security establishment, championing a searing crackdown against government opponents. More than 41,000 people have been arrested in Egypt since Mr. Morsi鈥檚 overthrow, and torture is commonplace in custody.

Mubarak's overthrow was followed by years of political and economic turmoil, and many Egyptians now long for the perceived stability of the pre-revolutionary years.聽On the streets of Cairo, the response to Alaa and Gamal鈥檚 release聽Thursday聽was muted 鈥 a small group including聽revolutionary-era activists gathered downtown, but were swiftly dispersed by police.

Last week, Mubarak's wife, Suzanne, broke her four-year public silence, celebrating what she called her family's vindication. 鈥淚 had been praying to God to prolong the life of President Mubarak so that he may live to see his acquittal of accusations and lies," she聽told a Kuwaiti journalist聽at her home in Cairo.聽

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