
by: Clyde Middleton posted: 2009-10-10 14:50:00
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An eleven page legal analysis provided to Congress concludes as follows:
V. Was the removal of Honduran President Zelaya legal, in accordance with Honduran constitutional and statutory law? Available sources indicate that the judicial and legislative branches applied constitutional and statutory law in the case against President Zelaya in a manner that was judged by the Honduran authorities from both branches of the government to be in accordance with the Honduran legal system.However, removal of President Zelaya from the country by the military is in direct violation of the Article 102 of the Constitution, and apparently this action is currently under investigation by the Honduran authorities.
Applied, this tells us that the substance was right, but one aspect of the mechanics was questionable. The latter, however, does not vitiate the former.
Sen. DeMint just got back from Honduras. This is the trip that Sen. John F'g Kerry (D-Vietnam) tried to block.
DeMint writes that everyone he spoke with supports the transition that has occurred with the sole exception of U.S. Ambassador Hugo Llorens. What is Llorens basis? He told DeMint "to read the legal opinion drafted by the State Department's top lawyer, Harold Koh."
Seems simple enough. DeMint rejoins, "As it happens, I have asked to see Mr. Koh's report before and since my trip, but all requests to publicly disclose it have been denied."
Obama has been calling for Zelaya's return throughout this situation, including recently through the US representative to the OAS.
DeMint adds two more facts:
It's revoked the U.S. travel visas of President Micheletti, his government and private citizens, and refuses to talk to the government in Tegucigalpa. It's frozen desperately needed financial assistance to one of the poorest and friendliest U.S. allies in the region.
Why? DeMint suggests that the Obama "policy was set in a snap decision the day Mr. Zelaya was removed from office, without a full assessment of either the facts or reliable legal analysis of the constitutional provisions at issue."
The New Republic's James Kirchick concluded in an Oct. 3 article that President Obama's hastily decided Honduras policy is now "a mistake in search of a rationale." Further:
In other words, far from fitting the administration’s description as a "coup d’état," the report paints Zelaya’s removal as remarkably orderly and legalistic, especially in a region where the rule of law is so tenuous. The Obama administration’s position, predicated on its hasty conclusion that Zelaya’s removal was illegal, now appears squarely contradicted by the only known official analysis of the constitutional issues involved.
How is the transition to a new president going to happen? According to DeMint:
The presidential election is on schedule for Nov. 29. Under Honduras's one-term-limit, Mr. Zelaya could not have sought re-election anyway. Current President Roberto Micheletti—who was installed after Mr. Zelaya's removal, per the Honduran Constitution—is not on the ballot either. The presidential candidates were nominated in primary elections almost a year ago, and all of them—including Mr. Zelaya's former vice president—expect the elections to be free, fair and transparent, as has every Honduran election for a generation....
The elections will be monitored by international observers and overseen by an apolitical body, the Supreme Electoral Tribunal, whose impartiality and independence has been roundly praised, even by Ambassador Llorens.
Let's summarize. We have a Honduran Constitutional analysis that says the reaction to a termed-out sitting president trying to get himself "re-election" was legitimate. We have an American Administration with a State Department legal analysis that it refuses to release. We have a US Senator trying to block another US Senator from going local to assess the situation directly. We have continued calls - without any substance but the call itself - for Zelaya to be returned to office. We have democratic elections scheduled in accordance with the local constitution. Most importantly, ee have a mistake by the Obama Administration that it is refusing to own.
Not a very good example for the Man of Peace.
Tags: honduras,
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