Friday, July 10, 2009

Who Gives a Damn About Honduras?

Quite frankly, Sydney Brillo Duodenum has not given a damn about Honduras, and would have been at pains to briskly locate it on a map, but now he has to think twice about that, because issues relating to contitutional republicanism, the rule of law, South American fascist dictators, America's world standing, and the incoherent declamations of the Man Child have occupied the news and roused SBD from his siesta.

Miguel A. Estrada provides the definitive explanation of just what the hell has been going on in Honduras. Estrada is a wise old latino lawyer; Borked nominee for the DC Court of Appeals; and a native of Honduras, so he is not talking out of his crack the way Mr. Obama has been doing.

Unlike the experts at the State Department, Mr. Estrada accomplishes this feat of investigastive bravado by visting the website of the Honduran Supreme Court and reading, albeit in Spanish, the Honduran Constitution and the Honduran Supreme Court’s decision regarding the actions of former President Zelaya. It shocks and amazes to discover that so few in the press have these necessary investigative skills, but no one said the End Times would not be shocking and amazing.

In any event, according to Mr. Estrada:

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.

So, the new fascist, paramilitary Star Chambered government of Honduras has diabolically posted all of its legal reasoning on the removal of Mr. Zelaya on a public website accessible by anyone in the world with a modicum of Spanish speaking skills. And to think this is happening in our hemisphere.

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.
But what does that have to do with the fact that as Obama has told us, without provocation, on a whim the Honduran military arrested Mr. Zelaya in his pajamas and sent him to Costa Rica?

Earlier this year, with only a few months left in his term, he [Zelaya] ordered a referendum on whether a new constitutional convention should convene to write a wholly new constitution. Because the only conceivable motive for such a convention would be to amend the un-amendable parts of the existing constitution, it was easy to conclude -- as virtually everyone in Honduras did -- that this was nothing but a backdoor effort to change the rules governing presidential succession. Not unlike what Zelaya's close ally, Hugo Chavez, had done in Venezuela.

It is also worth noting that only referendums approved by a two-thirds vote of the Honduran Congress may be put to the voters. Far from approving Zelaya's proposal, Congress voted that it was illegal.

The attorney general filed suit and secured a court order halting the referendum. Zelaya then announced that the voting would go forward just the same, but it would be called an "opinion survey." The courts again ruled this illegal. Undeterred, Zelaya directed the head of the armed forces, Gen. Romeo Vasquez, to proceed with the "survey" -- and "fired" him when he declined. The Supreme Court ruled the firing illegal and ordered Vasquez reinstated.

Zelaya had the ballots printed in Venezuela, but these were impounded by customs when they were brought back to Honduras. On June 25 -- three days before he was ousted -- Zelaya personally gathered a group of "supporters" and led it to seize the ballots, restating his intent to conduct the "survey" on June 28. That was the breaking point for the attorney general, who immediately sought a warrant from the Supreme Court for Zelaya's arrest on charges of treason, abuse of authority and other crimes. In response, the court ordered Zelaya's arrest by the country's army, which under Article 272 must enforce compliance with the Constitution, particularly with respect to presidential succession. The military executed the court's order on the morning of the proposed survey.

Oh, well that is a bit of a different story than what we’ve heard, now isn’t it?

But what of this sending the pajama-clad Zelaya to Costa Rica – surely that negates the constitutionality of removing him, as he was without benefit of clothing and toiletries, right?

No. 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. All Honduran bishops joined Rodriguez in this pronouncement.

True, Zelaya should not have been arbitrarily exiled from his homeland. That, however, does not mean he must be reinstalled as president of Honduras. It merely makes him an indicted private citizen with a meritorious immigration beef against his country.

Why should we give a damn anyway?

Because as Andy McCarthy at National Review succinctly puts it:

Bottom line: Hugo Chavez wants Zelaya in, the law of Honduras says Zelaya must be out; Obama sided with Chavez.
A surprise and yet not surprising.