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Dismissal of Zelaya was legal, says U.S. report (Honduras)
Diario El Heraldo ^ | 24/09/2009 | Diario El Heraldo

Posted on 09/24/2009 6:56:35 PM PDT by HonCitizen

Dismissal was legal, says U.S. report "In short, one of the foundations of the global community is to respect international laws," Schock said in a statement. 24.09.09 - Updated: 24.09.09 01:44 pm - AP: redaccion@elheraldo.hn

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United States .

A study by the Library of Congress found that the dismissal of President Manuel Zelaya of Honduras was legal and in full accordance with the Constitution.

The report, released by Rep. Aaron Schock, however, also contends that the removal of Zelaya of the country was not constitutional.

Read the full report (in English)

Manuel Zelaya was removed from power by pretending to reform the Honduran Constitution, on 28 June. In retaliation, the U.S. government suspended economic aid humanitära not suspended the issuing of visas, and canceled several officials, including President of Honduras Roberto Micheletti.

"In short, one of the foundations of the global community is to respect international laws," Schock said in a statement.

"The Congressional Research Service, a nonpartisan agency, concluded that the removal of President Zelaya was constitutional and we must uphold that finding. It is unacceptable that our government try to force Honduras to violate its own constitution by cutting foreign aid.

Schock recommended to resume U.S. and international assistance to Honduras, renew visas Honduran officials to cooperate with the Honduran government to send observers to the November elections, and recognize the legitimacy of such elections if held in a fair and impartial.

Because the report also argues that the removal of Zelaya of the country was not constitutional, Schock recommended that the Honduran government permits the exit of the Brazilian embassy Zelaya, recognize that his ouster was punishment enough for the steps he took and led to the actual facts, abandon plans to prosecute and issue a general amnesty for all involved in the recall.

Schock contends that as a private citizen, Zelaya was entitled to campaign for the candidate of their choice in the upcoming elections, but if it incites violence should be arrested and prosecuted.


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs
KEYWORDS: bholatinamerica; chavez; congress; honduras; zelaya
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To: HonCitizen
Illinois Congressman Calls On Honduran Gov’t To Allow Zelaya Back In Country

CRS Report: Honduran 'coup' appears legit


Schock also in the news for this...

"According to a federal affidavit, Finton considered the Findley building a primary target, and considered the nearby downtown Springfield office of U.S. Rep. Aaron Schock, R-Peoria, to be a secondary target.

Schock issued the following statement: "My office was notified today of the attempted terrorist attack on both the Federal Building and my Congressional Office in Springfield. I am incredibly grateful to the FBI for their fine work in preventing this terrorist attack."
link

21 posted on 09/24/2009 7:29:06 PM PDT by kanawa
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To: HonCitizen

What is the Library of Congress’s role in this?


22 posted on 09/24/2009 7:30:36 PM PDT by Buck W. (The President of the United States IS named Schickelgruber...)
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To: Buck W.

This is pro communist propaganda by the communists in Washinton. I hope they kill him quickly and I want to go there and enjoy my vacation.


23 posted on 09/24/2009 7:40:44 PM PDT by londonfog
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To: celestron71
...from what I've read the law states deportation but not incarceration until he comes back into the country, they can then try him and send him to Prison.

I read that too. Try to make yourself president for life, and you're kicked out of the country. Period. There is no mechanism to change or amend the Constitution. Try it on your own, like Z did, and they kick you out. No appeal. That will all get ironed out later. First job is to recognize the interim government as the legitimate government. The longer State waits, the bigger the pile they'll have to clean up later. Good for rep. Schock. (R-18, Il)

24 posted on 09/24/2009 7:43:54 PM PDT by Seven plus One
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To: justlurking; All


I think CRS means removal from the country was wrong, not removal from office.

Article 239 of the Honduran Constitution reads:

No citizen that has already served as head of the Executive Branch can be President or Vice-President.

Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.

If they hadn't removed Zelaya from the country, he would have either rallied forces loyal to him to stage a coup, or been killed by forces who saw him as a threat to their democracy.

Either way, Zelaya WAS and IS a threat, as he continued to OPENLY defy the country's Congress and Supreme Court. So what if the deportation of a usurping President is not EXPLICITLY spelled out in an Article of the Honduran Constitution — that's why the key decision makers in their Congress and military thoughtfully consulted with one another and acted in the best interest of their nation. Just like a toddler throwing a temper tantrum — give the brat a "time out."

If they imprisoned Zelaya in their country, they would have risked a break out by pro-Zelaya factions and risked open revolution. If Honduras executed Zelaya — as they would have been justified to do for his treasonous acts — he would have become a martyr and caused even longer-lasting conflict in the region.

The leaders in Honduras acted better than anyone else in the region would have under the circumstances, dousing the flames of support from the idiot Progressives there who want to import Socialism and Dictatorship to Honduras.

Kudos to the leaders in Honduras who made the tough call.

Thumbs down to the current leaders in the US (Obama and Hillary) who didn't support them — and Honduran desire to remain a Democracy.


25 posted on 09/24/2009 7:53:59 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: BP2
I understand the rationale for deporting Zelaya. But the CRS is saying that it wasn't authorized by Honduran law.

If Zelaya had been allowed to remain in the country, I'm sure there would have been a large amount of civil unrest. But, it would have also been a lot more difficult for Obama and friends to claim that it was an coup.

26 posted on 09/24/2009 8:02:29 PM PDT by justlurking (The only remedy for a bad guy with a gun is a good guy with a gun.)
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To: billorites
Zero and Shrillary are dead wrong on the Honduran matter and are giving the US another big black eye.

They have no respect for the US Constitution or laws, so why would they respect another nation's Constitution and laws.

To hell with both of them.

27 posted on 09/24/2009 8:02:48 PM PDT by Lawgvr1955 (You can never have too much cowbell !!)
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To: HonCitizen

In the mean time, Zeleya is creating chaos in the very country he says he cares so much about. Just as Odinga did in Kenya.


28 posted on 09/24/2009 8:21:23 PM PDT by HollyB
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To: HonCitizen

Before Zelaya could be a private citizen and campaign for the candidate of his choice, wouldn’t he first have to stand trial in accord with Honduran Law?


29 posted on 09/24/2009 8:34:29 PM PDT by DakotaRed (What happened to the country I fought for?)
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To: HonCitizen

When I looked over the Honduran Constitution, it appeared that once Zelaya made his unconstitutional attempt, he not only was to be removed from office, but he lost his citizenship. Did I read it wrong?

If so, the author is right on his removal from office and wrong on booting him out of the country.


30 posted on 09/24/2009 8:45:07 PM PDT by FreeStateYank (I want my country and constitution back, now!)
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To: justlurking; All


But, it would have also been a lot more difficult for Obama and friends to claim that it was an coup.

Obama, Chávez, Castro and others of their ilk would have been critical if the Hondurans had done ANYTHING that would have removed Zelaya from powerwe can be sure of that!

The Hondurans were men of action, making tough decisions that few have the guts and decisiveness to undertakeif you've ever been in command, you know what I mean. You don't wait for the inevitable disaster to happen — you act with boldness and thoughtfulness, and you stand by your decision!

A bullet in Zelaya's head while he slept would have been justified under the circumstances, as he had Dictatorship of their country in mind!

But instead — they complied with Article 66 of their Constitution prohibiting the death penalty — driving his sorry ass to the airport in his jammies and shoving him on the next plane out of the country. At least 13 of the 378 Articles of the Honduran Constitution deal with Treason — the Honduran leaders were quite generous with their would-be Dictator.

By the way: Obama and friends think that YOU & I are Racists, Nazis and borderline-Terrorists for exercising our First Amendment rights of Free Speech, Assembly and Petitioning our government. Acting with conviction and thoughtfulnesswhile remaining within the framework and freedoms of one's Constitution — is NOT something Obama and company should not be critical of ... at home ... or abroad.

The Hondurans acted in the best interest of their democracy.

It, however, is questionable if Obama and friends are doing the same for you and I at this moment in American history ...


31 posted on 09/24/2009 9:20:23 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: Clock King

look what he has done. imagine what will his supporters do if he is arrested, though, this must be done.


32 posted on 09/24/2009 9:44:17 PM PDT by HonCitizen (if to live, the fewer the men, the greater share of honor (Sheakspeare, Henry V))
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To: HollyB; All
In the mean time, Zeleya is creating chaos in the very country he says he cares so much about. Just as Odinga did in Kenya.

Correct. He's still plotting a coup d'etat.

Zeleya should just take a hint and leave before the Hondurans decide to deal with him the way other dictators have been dealt with in the past.

Saddam hanging Nicolae Ceausescu executed mussolini execution

33 posted on 09/24/2009 9:45:00 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: FreeStateYank

technically, you’re correct. he should not be a citizen


34 posted on 09/24/2009 9:45:34 PM PDT by HonCitizen (if to live, the fewer the men, the greater share of honor (Sheakspeare, Henry V))
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To: Buck W.
HonCitizen, since you are not from the U.S. and may not fully understand how the U.S. government works, may I answer this question for you?

The Library of Congress is the research arm of Congress. One of its sub-agencies is the Congressional Research Service. The CRS conducts research (generally legal in nature) when requested by a member of Congress.

Someone (probably the office of the Representative or Senator who requested the research) released this report written by Norma Gutierrez, Senior Foreign Law Specialist.
35 posted on 09/24/2009 10:01:55 PM PDT by normanpubbie
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To: HonCitizen
Actually, two steps have to happen before Zelaya loses his citizenship, and neither happened in this case.

In order to revoke the citizenship per Article 42, paragraph 5 of the Constitution, a court must first rule that his citizenship is to be revoked. Second, the government (presumably the Legislative branch since he is President) must formally remove his citizenship after the court finding.

No one can automatically lose citizenship in Honduras. Period.

Furthermore, Article 42 was not cited by the Supreme Judicial Court and it was not cited by the National Congress. In addition, by my count, Zelaya was referred to as "citizen Zelaya" over thirty times in the arrest warrants plus the resolution that the National Congress passed after Zelaya had been deported to Costa Rica.

This is why the CRS study referred to in this post said that he was removed in violation of Article 102, which states:

No Honduran citizen may be deported, nor may any be turned over to foreign authorities.

36 posted on 09/24/2009 10:16:17 PM PDT by normanpubbie
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To: indylindy
"This is probably a way for Obama to save face. He has backed Zelaya the Tin Foil kook."

Save face? Hardly. More like...this is just ONE MORE instance of Zero 'stepping in it' and showing/proving that he's a clueless MORON with no foreign policy experience and even less foreign policy instincts. He has backed a frickin nutcase (again). But I guess as long as that nutcase sides with Zero and his other commie buds (Castro, Chavez, etc.)...he's A-OK with Barry.

Check this out for a clue as to just how nuts Zelaya really is:

Link

37 posted on 09/24/2009 10:16:44 PM PDT by XenaLee
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To: indylindy
Ooops. Typo.... Link
38 posted on 09/24/2009 10:19:02 PM PDT by XenaLee
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To: normanpubbie

Ok, lets wait for the trial. Seems that you won’t like the result.


39 posted on 09/24/2009 10:33:19 PM PDT by HonCitizen (if to live, the fewer the men, the greater share of honor (Sheakspeare, Henry V))
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To: normanpubbie

Mr. have you seen the TV recently? Have you seen the mobs, the destruction, the pillage, looting and fight outbreaks in the city? Well, now imagine Zelaya in jail. Will not his supporters attempt to liberate him? And what will this cause? many dead people because he has fanatized his supporters with the speeches he says of “restitution or death”.

We were too kind with him.

Regarding the citizenship, how far is he to stop to be a citizen? only a declaration.


40 posted on 09/24/2009 10:38:53 PM PDT by HonCitizen (if to live, the fewer the men, the greater share of honor (Sheakspeare, Henry V))
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