Hi, a quick search found this from U.S. Mission to Geneva, Switz. Sept 28, 09. Press briefing.
excerpt:
“Question: My question regards Honduras. Brazil has just put a resolution in the Human Rights Council about the situation there. I’d like to know how do you assess the situation on human rights being so close to Honduras.
Then the United States also said that it could help to protect the Brazilian [Enmucadera], so I’d like to know how that could happen, what kind of protection we are talking about.
Finally there has been some disagreement about the right forum to introduce this subject between Brazil and the United States. Ms. Rice said the Security Council wouldn’t be the more adequate forum for that. So I’d like to know which one would be.
Mr. Koh: As you know, the crisis in Honduras has been going on now for more than three months. I know this because it happened the day after I came into office, so I kept very close track.
Today may be actually the most delicate moment of all because of the location of the various parties, et cetera.
First on the issue of the Brazilian Embassy, as the international lawyer for the U.S. government, obviously the respect for the inviolability of diplomatic premises is something that the United States is deeply committed to. With regard to the Honduras situation itself, this is something in which we have supported the process being convened and conducted by the former President of Costa Rica, Oscar Arias Sanchez, the Nobel Peace Prize Winner. Our hope is that a solution can be brought about in that setting which can be respectful of the right of democratic governance as well as the human rights of all Hondurans.
....
Question I would like to come back to Honduras and what is going on. It seems that in fact the government has rejected, the de facto government has rejected the OAE mission. The two people were not allowed to come back to the country. They don’t want this mission to go on. So you say that in fact for Honduras we have to go on with this setting, but this setting doesn’t seem to fit. So what are the, I don’t know, the propositions of the United States regarding this particular issue?
The second thing, we have had different human rights reports on the human rights violations there, so what will be your position in this Human Rights Council regarding Honduras and the resolution proposed by Brazil?
Mr. Koh: Again, we would prefer to state our position on particular resolutions as they come up. In some cases, depending on what version comes up of Resolution A or B, we would have a different view. So I think it would be premature for us to comment on that point.
What I have said earlier is that the Honduras crisis has been a subject of shifting events from day to day. So what you may have reported is the latest situation, but it may not be the final situation. So what we are continuing to do is to support the restoration of democratic governance and the protection of human rights for all Hondurans, and we believe the process which is best able to accomplish that is the process which is being supervised by former President Arias.”
more here
http://geneva.usmission.gov/2009/09/28/koh-posner/
here’s a good compilation of why Harold Koh is no friend to our Constitution or the the liberties it protects
Harold Koh’s judicial transnationalism provides camouflage for him to do the old “living constitutionalist” gambit of translating his policy preferences into the guise of constitutional law.
From National review.
Based on that interview. I would guess Koh’s legal analysis of the Honduran situation is equally unintelligible.