Daily Archives: June 29, 2009
But not Iran.
Hmmm. And even saying anything about Iran could be considered “meddling” in the internal affairs of another country, per the Obama administration, but apparently working actively within Honduras to stop what it characterizes as a “military coup” isn’t meddling.
Confusing foreign policy.
An interesting aspect of the Honduran “coup”, per Fausta is:
-Tuesday last week the Honduran Congress, led by members of his own party, passed a law preventing the holding of referendums or plebiscites 180 days before or after general elections.
- The Honduran Congress, led by members of his own party, named a commission to investigate Zelaya. The Commission found (my translation: If you quote it, please credit me and link to this post)
Zelaya acted against the mandates of legal and electoral laws, the Public Ministry, the National Congress, the Attorney General, and other institutions of the State, which had declared the poll illegal.
Additionally, the court weighed in:
Indeed, Honduras’ La Prensa states that (My translation: If you use this, please credit me and link to this post)
An official statement of the Supreme Court of Justice explained that the Armed Forces acted under lawful grounds when detaining the President of the Republic, and by decommissioning the materials to be used on the illegal poll which aimed to bring forth Executive Power against a judicial order.
Other sources verified that the president of the Congress, Roberto Micheletti, will assume the presidency of the republic in a few hours.
Honduran president Manuel Zelaya was detained this morning by the military in compliance with an order of the courts of law.
I’ve also seen a report that the new president, Roberto Micheletti, is of the same party as Zelaya.
As I said this morning I’m not a Honduran Constitutional expert – but our Constitutional expert-in-chief seems to have it all figured out. I think the “why” should be obvious:
Analysts said quick criticism of the coup by Obama and Clinton on Sunday pleased Latin American countries bitter about the long history of U.S. intervention in the region.
Despite Obama’s claim that this would set a “terrible precedent”, the State Department still hasn’t yet made a determination that an actual “military coup” has actually taken place:
Despite Obama’s comments, Secretary of State Hillary Clinton said the administration was not formally designating the ouster as a military coup for now.
Such a designation could force the U.S. leader to cut off most aid to Honduras. Under U.S. legislation, no aid — other than for the promotion of democracy — may be provided to a country whose elected head of government has been toppled in a military coup.
“We do think that this has evolved into a coup,” Clinton told reporters, adding the administration was “withholding” that determination for now.
The stated reason is they want to leave room for negotiations with “the goal of restoring democratic order in Honduras”.
What isn’t clear, however, is whether or not what happened wasn’t a result of “democratic order” and legal. For instance:
Jason Steck, writing at Real Clear World Blog, explains
what is happening in Honduras may be an example of a coup that is not only legal, but mandatory
because, in Honduras’s case, the military has been endowed with a role in maintaining democratic governance; this time their task was to delivery Zelaya safely out of office and into the airplane to Costa Rica.
If this all ends up being constituitonally legal, it will be interesting to see how Obama backs off his previous statements or whether, instead, he continues to characterize the arrest of Zelaya as a “coup” to play to the leftist crowd now “pleased” with his initial reaction.
Regardless, I’m less than impressed with Obama’s reaction to world events in Iran, North Korea and now Honduras.
From Twitter a minute ago:
NYT NEWS ALERT: Supreme Court Rules for White Firefighters in Affirmative Action Case
This could give new legs to the opposition of Sotomayor’s nomination.
Again, developing …
UPDATE: The Washington Post confirms.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
I’d say that’s a fairly significant ruling and certainly the opposite of what Sotomayor held. Of course, if Sotomayor was on the court right now (and hadn’t had to recuse herself for hearing the case in a lower court) she wouldn’t have made any difference since David Souter, the justice she’s slated to replace, voted in the minority.
It seems what has happened in Honduras is being characterized by most as a “military coup”. However Fausta, who has been following it all very closely, seems not to be sure that is the case. Instead she and some others are characterizing it as the military enforcing the orders of the Supreme Court and Congress.
Not being a Honduran constitutional expert or even really knowing whether that is legally permissible under their constitution, I’ll leave it to others to decide what the action really is. However, from Fausta, some background info that will get you into the picture. It is all about a referendum which President Manuel Zelaya wanted to hold concerning his term in office which is constitutionally limited to one term. Zelaya wanted to be able to serve another and decided a referendum would do to make that happen. The Supreme Court of Honduras declared such a referendum illegal. Zelaya essentially told them to pound sand (a very Jacksonian reaction):
Background on the referendum, which Zelaya insisted on in spite of it having been declared unlawful:
* When the armed forces refused to distribute the ballots, Zelaya fired the chief of the armed forces, Gen. Romeo Vásquez, and the defense minister, the head of the army and the air force resigned in protest.
* Yesterday the Supreme Court ordered by a 5-0 vote that Vásquez be reinstated.
* Honduras’s Supreme Electoral Tribunal ordered authorities to pick up all the ballots and electoral material, which were held by the country’s air force.
* The country’s Attorney General requested yesterday that Congress oust Zelaya.
* The courts have declared the referendum unlawful. Last Tuesday the Congress passed a law preventing the holding of referendums or plebiscites 180 days before or after general elections. Congress has also named a commission to investigate Zelaya.
This is the first coup in Honduras since 1982 when a democratically elected civilian government came to power .
So the question remains, was the military acting on its own or under the orders of some other constitutional body that had the legal right to order the removal of the president? It may turn out that both sides acted unconstitutionally and illegally. However it should be noted that the Honduran Attorney General had weighed in on the situation:
The attorney general had already made clear that the referendum was illegal, and he further announced that he would prosecute anyone involved in carrying it out.
So it is conceivable that the military was acting under the AG’s orders.
What Zelaya was trying to bypass is this provision in the Honduran Constitution:
Title VII, with two chapters, outlines the process of amending the constitution and sets forth the principle of constitutional inviolability. The constitution may be amended by the National Congress after a two-thirds vote of all its members in two consecutive regular annual sessions.
Apparently, at the moment, all is calm and quiet in Honduras. The Congress has accepted a “letter of resignation” from Zelaya which Zelaya (who is in Costa Rica) says he didn’t write. The Congress has also voted to make their head the new president.
Reaction has been swift and negative. The OAS said it would refuse to recognize the new government. President Obama said he was “deeply concerned” and called on Hondurans “to respect democratic norms, the rule of law and the tenets of the Inter-American Democratic charter”, whatever that means.
It certainly seems that at least one party was trying to circumvent the “rule of law” in this case. Whether the others who removed him were remains to be seen. But the Obama administration is sticking by its one-note foreign policy song:
“We think this can be resolved through dialogue,” said the senior administration official.
Meanwhile, Hugo Chavez, with all his new Russian military equipment is rattling sabers in Venezuela as he sees a part of his Bolivarian Socialist revolution go astray. Of course the first knee-jerk reaction is to blame it on the US. In fact the Obama administration claims to have tried to stop the “coup” when it learned about it (some might see that as “meddling” in the “internal affairs of another country”).
Venezuelan President Hugo Chavez, blamed “the Yankee empire”, and threatened military action should the Venezuelan ambassador to Honduras be attacked; President Evo Morales of Bolivia described Mr Zelaya’s removal as “an assault on democracy”.
Of course both Chavez and Morales have stagemanaged similar assaults on their own Constitutions and managed to pull them off to their advantage.
As Drudge would say – developing …