In Iran, the “pro-democracy” element remains under threat of government violence:
Seeking to pre-empt a revival of street protests in Tehran after days of apparent quiescence, Iranian authorities told opponents that a planned demonstration Thursday would be met with a “crushing response” and was illegal.
Protesters had planned to rally on Thursday on the 10th anniversary of violent confrontations when protesting students were beaten and jailed. The protests could rekindle the demonstrations that followed the disputed June 12 elections, provoking a sweeping official crackdown.
Iranian officials said Wednesday that they had released 2,000 people who were arrested for participating in the demonstrations, but continued holding l 500 prisoners who would be put on trial, according to the state-run Press TV news service.
Meanwhile in Italy, the G8 managed this “crushing response” to the Iranian government’s violence, killings and arrests:
G8 foreign ministers have managed to find common ground on the situation in Iran. The joint statement says the G8 regrets the actions by Iranian authorities after the presidential election, which killed civilians.
Meanwhile our Secretary of State will be futzing around with some constitutionally deposed would-be dictator from Honduras.
From a story in the NY Times:
The world’s major industrial nations and emerging powers failed to agree Wednesday on significant cuts in heat-trapping gases by 2050, unraveling an effort to build a global consensus to fight climate change, according to people following the talks.
As President Obama arrived for three days of meetings with other international leaders, negotiators dropped a proposal that would have committed the world to reducing greenhouse gas emissions by 50 percent by midcentury and industrialized countries to slashing their emissions by 80 percent.
Essentially that means that even with the House passing cap-and-trade’s economy crippling taxes, the rest of the world, especially the “emerging nations” (such as China, India, South Africa, Brazil and Mexico), are refusing to do the same.
This was the most interesting part of the story:
The breakdown on climate change underscored the difficulty in bridging divisions between the most developed countries like the United States and developing nations like China and India. In the end, people close to the talks said, the emerging powers refused to agree to the limits because they wanted industrial countries to commit to midterm goals in 2020 and to follow through on promises of financial and technological help.
“They’re saying, ‘We just don’t trust you guys,’” said Alden Meyer of the Union of Concerned Scientists, an advocacy group based in the United States. “It’s the same gridlock we had last year when Bush was president.”
You don’t say? Perhaps it is because the idea is the same stupid idea that was put forward during the Bush era and it isn’t selling any better while Obama is president. The “emerging nations” have seen the opportunity here to play a little economic catch-up. They get the Western economies to hobble themselves and they get a bonus wealth transfer too boot:
Mr. Meyer estimated that the United States, Europe and other industrial nations need to come up with $150 billion a year in assistance by 2020 to help develop clean energy technology for developing countries, reduce deforestation that contributes to rising temperatures, and help vulnerable nations adapt to changes attributed to greenhouse gases.
That’s $150 billion a year plus cap-and-trade. And we all know who will pick up the lion’s share of that tab. We should also remember that you can safely double any government estimate and probably be closer to reality than what you read initially.
So in a recessionary period in which the rest of the world seems to be understanding the folly of economically crippling legislation to curb CO2 emissions (as witnessed by the G8’s failure to agree to such curbs and the promise of further failure in Copenhagen), we choose to embrace them.
Ideology and bad science win the day in the US, while the rest of the world moves away from real emissions curbs or recognize the opportunity to exploit them for cash.
From an Obama statement in Russia:
“America supports now the restoration of the democratically-elected President of Honduras, even though he has strongly opposed American policies,” the president told graduate students at the commencement ceremony of Moscow’s New Economic School. “We do so not because we agree with him. We do so because we respect the universal principle that people should choose their own leaders, whether they are leaders we agree with or not. “
Again and again Obama stresses the fact that Mel Zelaya was “democratically-elected”. But the same could be said about many of today’s dictators. Elections are only one part of the democratic process. The other, and the one that sustains the electoral process, is the rule of law. Focusing only on the fact that Zelaya was “democratically-elected” but ignoring the fact that he has attempted to subvert Honduran constitutional principles that ensure such democratic elections is bad enough.
However, continuing that line of criticism after being apprised of the constitutional arguments and the process which led to Zeyala’s ouster is completely unacceptable. Yes, we back the right of people to democratically elect their leaders. But we must also back their decision, driven by the rule of law, to remove a leader when he refuses to follow the law he is sworn to uphold. Why is it that Obama, the “Constitutional law professor, doesn’t appear to “get” that?
Via The Corner, Charles Krauthammer on Fox’s News Hour with Brett Bair. First he talks about the pre-negotiated reduction of nuclear arms between Russia and the US:
That was the deal that Obama really was lusting after as a way to come home and to wave a diplomatic success.
The problem is that any deal on offensive nuclear weaponry is either useless or a detriment to the United States.
Useless because it makes no difference above a certain level how many warheads you have. We could suspend our negotiations today and say to the Russians: You can construct as many warheads as you want and spend yourselves into penury, as the Soviets did, to make weapons that are redundant, that will do nothing more than make the rubble bounce, as Churchill once said memorably.
It could be a detriment because the Russians have insisted on linkage between offensive and defensive weaponry. The reason it’s a detriment is because we have a huge technological advantage on defensive weaponry. We can shoot down a missile. The Russians can’t.
For 25 years, the Russians have attempted to get a curb on American defensive weaponry, starting at Reykjavik, where Gorbachev attempted to swindle Reagan out of our strategic defenses. Reagan said no. Bush 1 said no. Clinton said no. And Bush 2 said no.
Obama is wavering on this, and I think it could be a real catastrophe if he concedes. He already is wavering on the missile shield in Eastern Europe. Medvedev said we [he and Obama] agreed on linkage, and Obama himself had said it would be the subject of extensive negotiations.
Why negotiations with the Russians over a shield in the Czech Republic and Poland?
If he gives away the missile shield then he’s essentially given the Russian the advantage of not having to worry about losing any warheads to anti-missile defenses, thereby making any cuts, even by a third, painless. And, of course, he’s already ceded ground by agreeing to linkage and subjecting such a defense to “extensive negotiations”.
Reducing nuclear weapons is a laudable accomplishment. But weakening our defenses against such weapons as the price isn’t.
If she thinks that this decision is a way to advance her political career, she is delusional. She could survive this. It’s possible. It may not be a fatal decision, but it’s not an advancement.
It is a quitting, and I think it’s largely a personal decision, a reasonable one. There was a lot of heat, a lot of attacks, and she wanted out, and that’s OK.
If there was a political calculation, it would have to be—if it were rational—that after the age of Obama, you know, way down the road, there are second acts in American politics. Reagan returned. Nixon returned. Clinton returned. It’s possible.
But she has to make herself serious. If she imagined she is going to be a Reagan-in-the-wilderness in the ’70’s and lead a movement, she has to be like Reagan, who was a serious man with serious ideas, who studied, who wrote, who thought, and made himself a major figure. If she doesn’t do that, she’s toast.
As much as I like Sarah Palin as a personality, I think Krauthammer has put his finger on her problem – she isn’t a Reagan or a Thatcher, or even a Nixon or Clinton. And as I’ve implied in some commentary to another blog post, with this highly partisan and poisonous political atmophere which gets 24/7 coverage, second acts are very, very hard to come by. And, as Krauthammer notes, when it’s “quitting” that defines your departure, a second act may be impossible.
Well, not exactly “reacts”. Instead it issues a statement when asked for a reaction:
We are deeply concerned over reports of many deaths and injuries from violence in Urumqi in western China. Reports, so far, are unclear about the circumstances surrounding the deaths and injuries, so it would be premature to comment or speculate further. We call on all in Xinjiang to exercise restraint.
Wasn’t this the same basic message candidate Obama issued concerning Georgia – You boys quite fighting now, you hear?
Here, let me finish the statement for them:
Because, you know, freedom isn’t worth fighting for, and besides Hillary made it clear we weren’t going to be bothering the Chicoms about human rights anymore – so you’re on your own.
Meanwhile an Amber alert has been issued for Hillary who has apparently gone missing in the State Department (although it is being reported that she’s going to meet with former Honduran president Mel Zelaya later this week).
Previous post on the situation that the White House seems not to know much about here.
Watching the events unfold in Central America over the past week has been an infuriating and dismaying exercise. Too many people, either sadly uninformed or maliciously misinforming, have referred to the ouster of Mel Zelaya by the unified government of Honduras as a “military coup” and an illegal transfer of power. Not only are such castigations dead wrong, they are made without any justification and completely against the actual Honduran Constitution.
To understand just how far off base these accusations of illegality are, ask yourself what law is alleged to have been broken. Has anyone cited an actual provision of the Constitution or a statute that’s been violated? Of course not, because there is none. In fact, if any of those who have been so quick to condemn the Honduran government had actually done just a smidgeon of research, they would have found the ouster of Zelaya to be self-perpetuated and entirely within the rule of law.
To wit, here is Title II, Chapter 4, Article 239 of the Honduran Constitution, first in Spanish:
ARTICULO 239.- El ciudadano que haya desempeñado la titularidad del Poder Ejecutivo no podrá ser Presidente o Vicepresidente de la República.
El que quebrante esta disposición o proponga su reforma, así como aquellos que lo apoyen directa o indirectamente, cesarán de inmediato en el desempeño de sus respectivos cargos y quedarán inhabilitados por diez (10) años para el ejercicio de toda función pública.
And in English#:
Article 239 — 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.
The plain text of Article 239 quite clearly states that Zelaya, through his own actions, ended his presidency. By seeking to hold a referendum on whether Hondurans should consider changing the term-limits portion of the Constitution, Zelaya’s official duties were ended “immediately” and he was further barred from participating in public office for a period of ten years. Period, the end.
Some may try to argue that Zelaya did not receive any due process in his ouster, but that argument must fail. Even under U.S. jurisprudence, due process is simply all the process that is due. In this case, once Zelaya was determined to have violated the term-limits provision of Article 239 by proposing its reform, which Zelaya has basically admitted and which the Honduran Supreme Court derivatively found, then he received his due process. Despite the decisions against him, Zelaya decided to go ahead with his illegal referendum, gathered a mob together, and invaded the military compound where the (Venezuelan-created) ballot boxes were being kept. He fully intended to hold the referendum on Sunday June 28th had he not been stopped.
These, among other actions, were what led the Congress to pursue impeachment, the Attorney General to issue an arrest warrant on Saturday June 25, 2009, and the Supreme Court to issue its own arrest warrant on Sunday resulting in Zelaya’s removal from the country:
Honduras’s military acted under judicial orders in deposing President Manuel Zelaya, Supreme Court Justice Rosalinda Cruz said, rejecting the view of President Barack Obama and other leaders that he was toppled in a coup.
“The only thing the armed forces did was carry out an arrest order,” Cruz, 55, said in a telephone interview from the capital, Tegucigalpa. “There’s no doubt he was preparing his own coup by conspiring to shut down the congress and courts.”
Cruz said the court issued a sealed arrest order for Zelaya on June 26, charging him with treason and abuse of power, among other offenses. Zelaya had repeatedly breached the constitution by pushing ahead with a vote about rewriting the nation’s charter that the court ruled illegal, and which opponents contend would have paved the way for a prohibited second term.
The arrest order she cited, approved unanimously by the court’s 15 justices, was released this afternoon along with documents pertaining to a secret investigation that went on for weeks under the high court’s supervision.
Cruz said the military decided to shuttle Zelaya out of the country for his safety and that of other Hondurans because riots would’ve erupted had he been held for trial.
“If he had been allowed to stay in the country, there would’ve been blood on the streets,” she said.
To recap, Zelaya violated Art. 239 by proposing and then attempting to hold a referendum to change his term limits, which referendum was declared illegal by the Supreme Court and the Congress, and then he tried to go ahead with it anyway. In the meantime, aside from the secret, court-approved investigation going on for some time behind the scenes, the Attorney General and the Congress sought Zelaya’s impeachment, and the Supreme Court and the Attorney General each issued arrest warrants when Zelaya pressed ahead with his illegal referendum. The military responded to the court-ordered arrest and took Zelaya into custody on June 28th.
But what about the deportation to Costa Rica? Surely that was an illegal action? Heck, even a top Honduran military official is saying so:
The military officers who rushed deposed Honduran President Manuel Zelaya out of the country Sunday committed a crime but will be exonerated for saving the country from mob violence, the army’s top lawyer said.
In an interview with The Miami Herald and El Salvador’s elfaro.net, army attorney Col. Herberth Bayardo Inestroza acknowledged that top military brass made the call to forcibly remove Zelaya — and they circumvented laws when they did it.
It was the first time any participant in Sunday’s overthrow admitted committing an offense and the first time a Honduran authority revealed who made the decision that has been denounced worldwide.
”We know there was a crime there,” said Inestroza, the top legal advisor for the Honduran armed forces. “In the moment that we took him out of the country, in the way that he was taken out, there is a crime. Because of the circumstances of the moment this crime occurred, there is going to be a justification and cause for acquittal that will protect us.”
Of course, it wasn’t the first time anyone took credit for the decision (the Supreme Court has been saying for days that it order Zelaya’s capture), and Inestroza also declares that whatever “crime” may have been committed against Zelaya would be absolved anyway:
“What was more beneficial, remove this gentleman from Honduras or present him to prosecutors and have a mob assault and burn and destroy and for us to have to shoot?” he said. “If we had left him here, right now we would be burying a pile of people.”
This week, Deputy Attorney General Roy David Urtecho told reporters that he launched an investigation into why Zelaya was removed by force instead of taken to court. Article 24 of Honduras’ penal code will exonerate the joint chiefs of staff who made the decision, because it allows for making tough decisions based on the good of the state, Inestroza said.
Another provision to keep in mind is Title II, Chapter 3, Article 42:
Article 42: The legal rights of any citizen is lost:
5) If the citizen incites, promotes, or supports the continuance or the re-election of the President of the Republic;
Accordingly, not only has Zelaya lost his ability to continue in office through his own actions, he has also lost his rights as a citizen, among those which would presumably be the right to remain in the country. In the end, that all spells a one-way ticket to anywhere but Honduras for the would-be Chavista dictator. Moreover, Zelaya should be very thankful that he wasn’t ousted in the old-fashioned way which was much more permanent and painful.
The only question remaining is, why would our President, as leader of a country founded on the rule of law over the rule of men, opt to side with flouter of constitutional democracy instead of the leaders who took great pains to ensure that the country’s constitution was adhered to? Unfortunately, I’m afraid that there are no good answers to that question, and that our President is helping to precipitate a major crisis in Central America. Was this the change we were hoping for?
[General HT to Fausta for many of the above links]
# I’ve checked the translation against some Spanish to English translators and it appears to be essentially correct to me. Any suggested changes are welcome.
I assume, since China is a totalitarian state, that the US won’t have anything to say about the violence there for at least 10 days:
The official death toll in riots in China’s northwestern Xinjiang region rose sharply Monday, with the government saying that 140 had been killed in what appears to be one of the deadliest episodes of unrest in China in decades.
Police said at least 828 other people were injured in violence that began Sunday in Urumqi, Xinjiang’s capital. Witnesses said the conflicts pitted security forces against demonstrators, and members of the region’s Turkic-speaking Uighur ethnic group against members of the country’s Han Chinese majority. Many among the predominantly Muslim Uighurs have chafed at Chinese government rule.
As evening fell in Urumqi Monday, witnesses said that paramilitary troops of the People’s Armed Police, backed by armored personnel carriers, were patrolling largely calm city streets. Many businesses remained shuttered and gates of the city’s central bazaar, which was the scene of unrest Sunday night, were closed.
Police said they were still searching for dozens of people suspected of fanning the violence. Several hundred people have already been arrested in connection with the riot, police said, and the government said it was bringing “ethnic officials” from nearby areas to help with interrogations.
Of course the reason given by the Chinese government is much the same as that given by the Iranian government concerning the problems there –
The government blamed the unrest on a prominent exiled Uighur leader, Rebiya Kadeer, president of the World Uyghur Congress, an activist group. Sunday’s demonstration was “instigated and directed from abroad,” according to a government statement cited by Xinhua.
Given that statement, you can expect silence from the Obama administration as they’ll want to ensure they’re not seen as “meddling” in China’s internal affairs. And I can promise you that the Uighur dissidents being rounded up by China’s police forces will not be offered a vacation in Bermuda.
Apparently the only country in which the “no meddling” policy is waved is Honduras.
He took off a few hours ago from the US in – wait for it – a Venezuelan plane. Naturally the UN has actually gotten off of its rear-end and taken what, for it, is “action”. The UN General Assembly President Miguel D’Escoto Brockmann and a number of journalists are accompanying former Honduran president Mel Zelaya.
Honduras, naturally, has said Zelaya isn’t welcome and has stated they will arrest him should he try to reenter the country. The OAS, in the meantime, has suspended Honduras from the organization.
The interim government (which some news organizations are characterizing as a “military government”) pleads for the rest of the world to back off and let Honduras work this out.
But, with apparently everything under control and in tip top shape in their respective countries, the presidents of Argentina, Ecuador and Paraguay, along with the head of the OAS have time to fly to El Salvador to “monitor events.”
Meanwhile it is reported that Nicaragua is moving troops toward the Honduran border. All of this tacitly green-lighted by the Obama administration’s stance.
The Venezuelan plane carrying deposed president Mel Zelaya landed in El Salvador, according to Honduran daily El Heraldo. Venezuelan chancellor Nicolás Maduro verified that the airplane was Venezuelan and identified it as YV-1496.
But that’s not meddling – no siree.
Honduras has reported it will not allow the landing of the Venezuelan aircraft carrying Zelaya in Honduras. My guess is they’ll now try to drive into Honduras from El Salvador.
For new readers, the title is what the shortened “QandO” means.
- Whether you love her, hate her or really don’t care, it is hard too argue against the assertion that Sarah Palin effectively ended any national aspirations she might have had by announcing her pending resignation (assuming there isn’t some extremely compelling private family reason for doing so). The first thing any political opponent is going to say is “she quit on the citizens of Alaska, will she quit on you?”
- The story about the Washington Post selling access to the Obama administration isn’t just about the WaPo. Seems to me there had to be some a) knowledge of the plan and b) cooperation from the White House for it to have been as far along as it was. After all, the first “salon” was scheduled to be held at the publisher’s home in 2 weeks. Is anyone exploring that angle?
- How concerned is Saudi Arabia with the probability of Iran acquiring nuclear weapons? Apparently enough to make it known they’ll turn a blind eye to any Israeli incursion which crosses the kingdom in order to strike Iran.
- Apparently the scales have finally fallen from Colin Powell’s eyes concerning Obama and the direction he’s taking this country. Formerly Powell’s message was that American’s wanted more government and were willing to pay for it. He now says he’s concerned with the number of programs, the legislation associated with them and the cost of the additional government they’ll entail. “We can’t pay for it,” he’s now saying? Better late than never, I suppose, but this just underscores my disaffection with Powell politically.
- Speaking of Sarah Palin, apparently the federal investigation rumors (FBI looking into irregularities concerning the sports complex in Wasilla, etc.) and pending indictment are false. An FBI spokesman in Alaska has said there is no pending indictment or ongoing investigations of her. Concerning the ongoing rumor he says, “it’s just not true”.
- The after effects of the recent “election” in Iran continue to eat away at the foundation of the “Islamic Republic”. The Association of Researchers and Teachers of Qum split with Ayotallah Khamenei declaring both the election and the new govenrment “illegitimate”. That is a very public and unprecedented challenge to Khamenei’s power. Additionally Moussavi’s campaign has released a report that outlines the election violations in detail. These are very serious challenges to the regime’s legitimacy.
- Speaking of Iran, it appears that while the world is ready to ratchet up the pressure on the regime in light of its brutal put down of pro-democracy protesters, the Obama administration is apparently prepared to block any sanctions agreed upon at the G8 summit. I swear I can’t figure that bunch out – support the dictator in Iran and mischaracterize a legal use of constitutional power in Honduras in support of another would-be dictator there.
- Did you know that Hitler had a 600 mph stealth bomber almost ready for production when the allies overran Germany? Check out the pics and description of the HO 2-29.
- The law of unintended consequences continues to operate unabated. Governments, desperate for revenue, have raised property taxes all across the country. Homeowners, knowing their home values have plummeted, are filing an unprecedented number of appeals. Those appeals are costing the governments huge amounts of money in refunds and attorney’s fees. However, homeowners should note that if they don’t appeal, the government will gladly screw them to the wall with an unjustified tax increase. Makes you feel all warm and fuzzy inside, doesn’t it?
Octavio Sanchez, writing in the Christian Science Monitor, takes exception to the charges that what happened with the removal of President Manuel Zelaya. was a military coup.
Instead, he says, it was a “triumph of the rule of law.” And he gives the world a little lesson in the Honduran Constitution.
In 1982, my country adopted a new Constitution that enabled our orderly return to democracy after years of military rule. After more than a dozen previous constitutions, the current Constitution, at 27 years old, has endured the longest.
It has endured because it responds and adapts to changing political conditions: Of its original 379 articles, seven have been completely or partially repealed, 18 have been interpreted, and 121 have been reformed.
It also includes seven articles that cannot be repealed or amended because they address issues that are critical for us. Those unchangeable articles include the form of government; the extent of our borders; the number of years of the presidential term; two prohibitions – one with respect to reelection of presidents, the other concerning eligibility for the presidency; and one article that penalizes the abrogation of the Constitution.
Sanchez makes the point that Honduras has gone through same sort of “trial and error” process with its constitution as has the US, France and other nations. But he then focuses on the 7 articles that cannot be repealed or amended. They form the crux of the case against Zelaya.
These are the facts: On June 26, President Zelaya issued a decree ordering all government employees to take part in the “Public Opinion Poll to convene a National Constitutional Assembly.” In doing so, Zelaya triggered a constitutional provision that automatically removed him from office.
Constitutional assemblies are convened to write new constitutions. When Zelaya published that decree to initiate an “opinion poll” about the possibility of convening a national assembly, he contravened the unchangeable articles of the Constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent.
Our Constitution takes such intent seriously. According to Article 239: “No citizen who has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform [emphasis added], 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.”
Notice that the article speaks about intent and that it also says “immediately” – as in “instant,” as in “no trial required,” as in “no impeachment needed.”
Supreme Court Justice Rosalinda Cruz defended the ouster of Zeyala as well:
The arrest order she cited, approved unanimously by the court’s 15 justices, was released this afternoon along with documents pertaining to a secret investigation that went on for weeks under the high court’s supervision.
Others have also defended Zeyala’s removal:
David Matamoros, a member of Honduras’ Supreme Electoral Tribunal, also defended the military’s action.
He said Zelaya originally called the vote a plebiscite, then, when that was barred, shifted to describing it as a poll, creating uncertainty as to its legal standing and his intent. No government agency was willing to conduct the vote, he said. All the ballots and equipment for the illegal poll were flown in on a Venezuelan plane, he said. The court ordered the materials confiscated.
Nothing has been said about the apparent meddling by Venezuela. Nor has there been any investigation by those so interested in immediately condemning the action taken by the authorities in Honduras as a “military coup” into the constitutional claims of the interim government. Given Sanchez’s description of the evidence and the constitutional provisions, it appears he may be right – this was indeed a triumph of the law.
So why was Zelaya flown out of the country instead of being arrested?
The Supreme Court and the attorney general ordered Zelaya’s arrest for disobeying several court orders compelling him to obey the Constitution. He was detained and taken to Costa Rica. Why? Congress needed time to convene and remove him from office. With him inside the country that would have been impossible. This decision was taken by the 123 (of the 128) members of Congress present that day.
15 justices of the Supreme Court, 123 of 128 Congress members, the Attorney General, the Supreme Electoral Tribunal and the military all acted in concert and apparently within the law and the constitution, to remove someone who had violated the constitution and essentially impeached himself.
Don’t believe the coup myth. The Honduran military acted entirely within the bounds of the Constitution. The military gained nothing but the respect of the nation by its actions.
I am extremely proud of my compatriots. Finally, we have decided to stand up and become a country of laws, not men. From now on, here in Honduras, no one will be above the law.
Given that explanation and assuming it is the case, it seems we should be celebrating what Honduras has done instead of condemning it.