Congressional Research Service: Zelaya's Ouster Legal Under Law of Honduras

American Thinker ^ | September 25, 2009 | Clarice Feldman

[jazusamo]

Once again the facts trip up the Administration. The  well-regarded and non-partisan Congressional research Service, a branch of the Library of Congress examined Honduran law and concluded, contrary to our benighted Department of State and Chavez-loving President that Zelaya's removal from office was not a coup, but was perfectly legal under Honduran law.

David Freddoso of the Washington Examiner summarizes the report as follows:

• The Honduran Congress appears to have acted properly in deposing President Manuel Zelaya. Unlike in the United States, the Honduran Congress has the last word when it comes to interpreting the Constitution. Although there is no provision in Honduras's Constitution for impeachment as such, the body does have powers to disapprove of the president's official acts, and to replace him in the event that he is incapable of performing his duties. Most importantly, the Congress also has the authority to interpret exactly what that means.
• The Supreme Court was legally entitled to ask the military to arrest Zelaya. The high court, which is the constitutional venue for trials of the president and other high-ranking officials, also recognized the Congress's ouster of Zelaya when it referred his case back down to a lower court afterward, on the grounds that he was "no longer a high-ranking government official."
• The military did not act properly in forcibly expatriating Zelaya. According to the CRS report and other news stories, Honduran authorities are investigating their decision, which the military justified at the time as a means of preventing bloodshed. In fact, Zelaya should have been given a trial, and if convicted of seeking reelection, he would have lost his citizenship. But he is still a citizen now, and the Constitution forbids the expatriation of Honduran citizens by their government.
• The proper line of succession was followed after Zelaya's ouster. Because there was no Vice President in office when Zelaya was removed (he had resigned to run for president), Micheletti was the proper successor, as he had been president of the Congress.

Now, unless we choose to be a bully and force that government to disobey its own constitution and reinstate him, we ought to immediately lift all sanctions imposed on Honduras and reissue visas to this country to its officials.

What an outrage? Perhaps the Department of State legal office needs a coup of its own?

[jazusamo]

Clarice Feldman is certainly right about Obama and Clinton and the lifting of all santions imposed on Honduras.

[Venturer]

Obama is too busy sucking up to South American dictators.

[HighlyOpinionated]

0bama doesn’t want this to be true because it places HIM in a position where HE will have to admit 1) he is wrong headed and 2) a similar action could happen to him.

Maybe it will happen to him if he tries to turn the USofA into a Dictatorship and by Executive Order creates himself as “King of America for Life.”

0bama is deluded (or is that diluted?).

[PAR]

What is completely outrageous is that no one in the media has asked either Obama and/or Clinton to explain why they have adopted the position they have in light of the obvious facts.

[Bender2]

Gadzooks! Obama and the Liberal Democrats don't follow the US Constitution... so why expect them to recognize Hondurans following the Constitution of Honduras?

[GauchoUSA]

Captain Obvious to the rescue!!!

[PugetSoundSoldier]

Time to throw the CRS under the bus... Isn’t there anyone that the Obamassiah can rely upon to simply carry out his will?

[jazusamo]

You could be right on all counts. The turkey is supposed to be a “Constitutional” lawyer, a joke if I ever saw one but then he’s admitted the Constitution needs some changes, maybe he’s dumb like a fox.

[jazusamo]

Yep, and I doubt anyone in the enemedia will.

[jazusamo]

I guess had he and the RATS sided with Honduras it would have ruined their love affair with Chavez, Oretega and the Castro’s. :)

[jazusamo]

Seems there’s still some honest people in government after all, much to his dismay.

[Styria]

Could Honduras still try Zelaya and strip him of citizenship?

[PugetSoundSoldier]

Give it time; another 7 years of so and Obama will have rooted out all those with a shred of honesty or respect for the law...

[jazusamo]

I sure don’t know but from the way I read it it seems like they could. Maybe they didn’t want to strip him of it but just get him out of the country until after the election, just a guess on my part.

[Defiant]

Good analysis, CRS. Now, can you do one to let us know whether there has been a legal coup in the US?

[Para-Ord.45]

bm

[HonCitizen]

Only 1 thing. to have either suspended or lost his citizenship , a judge must declare it. This is that he is only a declaration away from loosing his citizenship.

[jazusamo]

Thanks, HC.

[HonCitizen]

BTW the honduran enemedia is reporting that the army threw “intoxicating gases” to the embassy and that there is a general intoxication.

[jazusamo]

threw “intoxicating gases” to the embassy and that there is a general intoxication.

LOL! Sounds like the NYT.