Posted on 07/12/2009 3:57:14 AM PDT by fiodora
The Obama administration seems to have gotten just about everything wrong about the ouster of Honduran President Manuel Zelaya. Wrong on the law. Wrong on the politics. Wrong on the foreign policy.
On the law, Miguel Estrada, the brilliant attorney whose nomination to the D.C. Circuit Court of Appeals was blocked by those who abhor a truly wise Latino conservative, actually has read the Honduran constitution. He finds that it specifies that it cannot be amended to change the limit on a single four-year term for the president. And it further provides that trying to amend the constitution constitutes treason. As Estrada reminds us, The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
But Zelaya, who fancies himself the next Hugo Chavez, ordered himself up a referendum earlier this year with the clear purpose to amend the constitution to do what is prohibited and indeed treasonous. After all, such a gambit is precisely the mechanism his role model Chavez used in order to extend his rule in Venezuela.
The Honduran Congress voted that Zelayas referendum was illegal. And what followed was a model of strict constitutional interpretation and fidelity to the rule of law:
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 Zelayas arrest on charges of treason, abuse of authority and other crimes. In response, the court ordered Zelayas arrest by the countrys army, which under Article 272 must enforce compliance with the Constitution, particularly with respect to presidential succession. The military executed the courts order on the morning of the proposed survey.
Estrada concludes that while Zelayas arrest was legal, and rather well justified to boot, his exile was not. (Solution: let him back in to the country and send him to jail.)
Then there is the politics within Honduras. It seems the Honduran people have figured out what Zelaya is up to and dont like it one bit. The Wall Street Journal reports:
Honduran media published a CID-Gallup poll that showed 41% of Hondurans said the coup was justified, while 28% were opposed. The survey, conducted between June 30 and July 4, supported anecdotal evidence of anger at Mr. Zelaya. While thousands of Hondurans take to the streets almost daily to protest the ouster, larger crowds often demonstrate in favor of the coup.
Prominent leaders of the Catholic Church have also taken the view that the ouster of Zelaya was appropriate. Tegucigalpa Cardinal Oscar Rodriguez (who was touted as a candidate for Pope in 2005) and eleven bishops have spoken out, declaring Zelaya removal was fully backed by Honduran law. This report explains:
Rodriguez said Zelayas bid for a nationwide referendum that could have extended presidential term limits violated an article in the Honduran constitution, which states that anyone who seeks to change a prohibition on presidential reelection immediately loses any office they hold. . . In an interview this week with CNN en Espanol, Rodriguez took the direct approach to addressing Chavez: I want to take this opportunity to say that we totally reject the meddling of the Venezuelan president. We are a small country, but a sovereign one.
So while Obama might find the ouster of Chavezs mini-me to be illegal and unacceptable, the Honduran constitution and people dont agree.
And then there is the foreign policy side of the equation. In yet another effort to apologize for past American sins, Obama was quick to weigh in against the coup. Now this was neither a coup (see Estrada) nor an American coup, but lets not gets hung up on technicalities.
What Obama was clearly doing was trying to escape the image that he was merely one more American president in conflict with anti-American voices in the region. He wasnt going to let a little bit of Chavez-emulation deter him. He is, we have come to see, in the business of being Not George W. Bush. And in this case that meant siding with the anti-American Zelaya and his patron Chavez.
That, of course, has put the Obama administration at odds with the Honduran people and the rule of law which Obama always invokes when he is not really following the applicable rule of law. So finding themselves in a bit of a bind, the Obama team punted to the former president of Costa Rica who proceeded to begin negotiations. He then penned an odd column in the Washington Post in which he explained that problems like this occur when governments divert to their militaries resources that could be used to strengthen their democratic institutions. (Actually in this case the military was defending democratic institutions, but lets hope his mediation skills are up to the task of finding an acceptable solution.)
So Obama on this one got the law, the politics, and the foreign policy wrong. And, perhaps realizing as much, he has had to reverse course (or force his secretary of state to do so) and get out of the limelight. That is the most positive development yet. Really, if you are going to meddle it is best to know something about the country in which you are meddling and the regional implications which will flow from it.
The SOB has ignored our constitution why would one think he would honor one from another country?
Obama Is Wrong, Wrong, Wrong About Honduras
Not a hard call as he has been wrong about everything since he took office.
Depends on who you ask.
“Zelaya had the ballots printed in Venezuela, but these were impounded by customs when they were brought back to Honduras.”
One wonders about 2012...
i.m waiting for him to throw Hillary under the bus on this one and split his party in half.. A guy can hope,can’t he?
one wonders if the ballots were pre filled
Actually, one wonders about 2008. I understand that many US voting machines were manufactured in Venezuela. Here's a link:
Oooooooooohhhhh!
Looks like Chavez picked the right comrade dictator!
ping
FReepmail to be added / removed from Honduras pings
Good cartoon. Amazing that his social lite/socialist daughter said Barry is more Catholic than the pope...and that 53+ % of U.S. Catholic/collectivists voted for Obortion.
This Obama character is in waaaay over his head on these sensitive and complicated international issues.
Socialist bookmark.
I got a bad feeling Onumbnuts is setting us up for a terrorist attack so he can declare martial law and install himself as El Presidente for life like his Siamese twin,Hugo.
LOL!!
Nothing is beneath Obama......nothing.
And those machines were probably rigged. They need to be impounded. No wonder Obama loves Chavez!
There was no coup d'etat, and there is no junta. This was a judicial removal in accord with the Honduran constitution.
The military did what they were required to in accord with Honduran law, and certainly did not overthrow their constitution and institute military rule.
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