Tuesday, July 14, 2009

Honduras' non-coup

Miguel Estrada is the judge who the Democrats vigorously kept from appointment to a federal district court because he was smart and Hispanic. He is from Honduras, so he has some authority on the events there. Los Angeles Times:
Honduras, the tiny Central American nation, had a change of leaders on June 28. The country's military arrested President Manuel Zelaya -- in his pajamas, he says -- and put him on a plane bound for Costa Rica. A new president, Roberto Micheletti, was appointed. Led by Cuba and Venezuela (Sudan and North Korea were not immediately available), the international community swiftly condemned this "coup." Something clearly has gone awry with the rule of law in Honduras -- but it is not necessarily what you think. Begin with Zelaya's arrest. The Supreme Court of Honduras, as it turns out, had ordered the military to arrest Zelaya two days earlier. A second order (issued on the same day) authorized the military to enter Zelaya's home to execute the arrest. These orders were issued at the urgent request of the country's attorney general. All the relevant legal documents can be accessed (in Spanish) on the Supreme Court's website. They make for interesting reading. What you'll learn is that the Honduran Constitution may be amended in any way except three. No amendment can ever change (1) the country's borders, (2) the rules that limit a president to a single four-year term and (3) the requirement that presidential administrations must "succeed one another" in a "republican form of government." In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection "shall cease forthwith" in his duties, and Article 4 provides that any "infraction" of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
So Zelaya was illegally amending the constitution so he could stay in power, like Hugo Chavez of Venezuela and Evo Morales of Ecuador. We call a permanent president a dictator.

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