Miguel Estrada has a very thorough legal analysis in the Los Angeles Times regarding the Honduran “coup”…. It turns out it really wasn’t a ‘coup’ after all… but a proper, judicially-ordered removal of President Zelaya resulting from his activities in violation of Hunduran Law. Here are some relevant portions of the piece:
As noted, Article 239 states clearly that one who behaves as Zelaya did in attempting to change presidential succession ceases immediately to be president. If there were any doubt on that score, the Congress removed it by convening immediately after Zelaya’s arrest, condemning his illegal conduct and overwhelmingly voting (122 to 6) to remove him from office. The Congress is led by Zelaya’s own Liberal Party (although it is true that Zelaya and his party have grown apart as he has moved left). Because Zelaya’s vice president had earlier quit to run in the November elections, the next person in the line of succession was Micheletti, the Liberal leader of Congress. He was named to complete the remaining months of Zelaya’s term.
It cannot be right to call this a “coup.” Micheletti was lawfully made president by the country’s elected Congress. The president is a civilian. The Honduran Congress and courts continue to function as before. The armed forces are under civilian control. The elections scheduled for November are still scheduled for November. Indeed, after reviewing the Constitution and consulting with the Supreme Court, the Congress and the electoral tribunal, respected Cardinal Oscar Andres Rodriguez Maradiaga recently stated that the only possible conclusion is that Zelaya had lawfully been ousted under Article 239 before he was arrested, and that democracy in Honduras continues fully to operate in accordance with law…
And my favorite line from the piece:
It would seem from this that Zelaya’s arrest by the military was legal, and rather well justified to boot.
What then can we say? Zelaya tried to subvert the constitution of Honduras by means of a referendum ruled illegal by the Honduran Congress. He insisted on a course of illegal activity and evidenced a totalitarian willingness to remove anyone who stood in his path. Consequently, he was dismissed by the Honduran Supreme Court pursuant to the requirements of Honduran law.
Despite all this… despite the brave actions by the Attorney General and the Honduran Justices… the western world is turning its back on Honduras. In fact, in a recent press conference, Obama has stated Zelaya’s removal was “not legal”… evidencing not only a serious ignorance of Honduran Law but also a disturbing lack of judgment.
In a startling juxtaposition, our president found it entirely proper to meddle in a country in order to support a potential dictator… while refusing to meddle in a country [think Iran] where democratic protests threatened to remove a dictator.
In the words of Jonah Goldberg, “It sure seems like Obama has an ideological problem with democracy.”
Update 7.11 @11pm: Read my initial post on the Honduran ‘coup’ here.

