The Honduran non-coup

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.

Honduras

If you’ve been paying attention to the mainstream media, you might be surprised to learn that important events have transpired in the last 48 hours – other than than Michael Jackson’s death.   Perhaps most notible was the recent coup that forceably removed the Honduran president Manuel Zelaya from power.

hondurasgoog

For those of you who are unware of the circumstances surrounding Mr. Zelaya’s forceful removal… allow me to briefly bring you up-to-date:  Mr. Zelaya was nearing the end of his term as president.  Instead of taking the proper Constitutional measures to allow him to run for another term, he decided to bypass the law in order to maintain power (the more elaborate version of the specifics can be found here).  The Supreme Court of Honduras ruled that Mr. Zelaya was acting in violation of the Honduran Constitution and prohibited him from running for another term.   This ruling had no affect on Zelaya and he persisted in his attempt to maintain his power.  As a result, political and military leaders acting in coordination, arrested and deported Mr. Zelaya for his illegal and dictatorial tendencies.

Now, being the “on the ball” guy that he is… Obama immediately came out with a statement highly critical of the military and political leaders that had instigated the Coup.  He noted his “concern” and implored that “democratic norms” be respected.  In a short but firm statement, Obama said:  ”We believe that the coup was not legal and that President Zelaya remains the democratically elected president there”.

This rather strange quote lead me to opine on twitter:

“Obama says the Honduran coup was “not legal”… well, by that measure, neither was the Declaration of Independence.  What’s your point?”

My point, of course, was that the whether or not a political activity is “illegal” is not the only relevant consideration we should entertain when judging foreign affairs.  Sure, coups are never legal… but they may nevertheless be justified  – and their moral justification may exceed the injustice of “illegal” activity.  But I am making the mistake of accepting Obama on his terms…  After all, was not the justification for removal because of President Zelaya’s illegal activity?  But this inconvenient fact seems to have evaded Obama.

I could not have put things better than Andy McCarthy:

What on earth makes Obama think he knows better about what is legal under the law of Honduras than the Supreme Court of Honduras and the law-writing legislature of Honduras? The Honduran military acted after Zelaya defied an order by that nation’s highest court which pronounced his coup attempt illegal; he has been replaced under a Honduran legal process by that nation’s Congress, which essentially impeached him and democratically voted in a successor. That sounds pretty legal to me. I am the first to admit I am not an expert in Honduran law, but I’d bet the Honduran Supreme Court has a better grasp on it than President Obama. On the issue of what is legal in Honduras, as between Hugo Chávez and the Honduran Supreme Court, our president has decided to go with Chávez.

It seems, Mr. Obama, that you are in dire need of a basic lesson in international diplomacy…  a lesson I like to refer to as the “serendipitous turn of events” rule.  Mr. Obama, when the world hands you a country full of democratic individuals overthrowing their oppressive and dictatorial leadership… it shouldn’t really matter how the events unfold.   In fact, how is pretty irrelevant — especially considering it has already been done and there is nothing you can do about it.  In these sort of situations, it is best to just let that country solve problems their own way… and offer whatever political, economic, and moral support you can.

In other words, don’t ‘F’ up a serendipitous change of events just because in a perfect world it might have happened differently.

Mr. Obama, believe it or not, the rest of the world does not solve all its problems the same way we the United States solve our problems.  Are you not the very same person who continually lectures the U.S. about “imposing our values” on the rest of the world?  You say this but then hold Honduras to American standards. Furthermore, given we are on the topic of your inconsistencies, wasn’t it just weeks ago in Cairo where you said:

No matter where it takes hold, government of the people and by the people sets a single standard for all who hold power: you must maintain your power through consent, not coercion; you must respect the rights of minorities, and participate with a spirit of tolerance and compromise; you must place the interests of your people and the legitimate workings of the political process above your party. Without these ingredients, elections alone do not make true democracy.

How about taking your own advice for once and just do the American thing for once — supporting those who want freedom from oppression.  Just this once… try it… you might like it.