I think we know the answer to the question “what in the world are Constitutions for if not to be followed” as we address it to those named in the headline, but we now have the Congressional Research Service weighing in on Honduras and it isn’t good news for the US’s policy toward that country.
David Freddoso reports that the CRS’s Senior Foreign Law Specialist Norma Gutierrez has completed a study of the Honduran actions as they relate to former president Mel Zelaya and they don’t reflect well on the US. Freddoso has distilled them to the following:
* 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.
So the only unlawful or improper act, according the the CRS, was the forceful expatriation of Zelaya. Despite the desire to avoid bloodshed, the military should merely have removed and arrested him. Other than that, everything appears to go precisely as it should according to their constitution and their legal interpretation of it.
For a man who just stood up in the UN and claimed the right of people for self-determination (except in Iran, of course), he sure is working awful hard to ensure Honduras’s citizens don’t enjoy that right.
He’s wrong. Secretary of State Clinton is wrong. The State Department’s actions against Honduras are wrong. No equivocation here – the US is on the wrong side of this issue. This needs to be rethought and readdressed quickly and Mel Zelaya ought to be treated like he deserves – as someone who broke the law of the land.
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I saw this on CNN’s Political Ticker this morning about NY’s Gov. David Paterson:
A new poll suggests that nearly three out of four New York State voters like Gov. David Paterson — but don’t think he’s getting the job done.
The Siena College Research Institute survey released Tuesday morning also indicates that more than six out of 10 say Paterson doesn’t have the leadership skills to be governor and feel he’s not effectively dealing with the problems facing New York.
The irony is the guy who has told him he shouldn’t run for the governorship seems to be thought of in much the same vein, not that you’d ever read that here. But the Brits, even in left-wing papers like the Guardian, aren’t at all shy about making the charge:
Many leaders and supporters are beginning to wonder what is causing this growing gap between the Barack Obama that many people saw on the campaign trail, and the Obama they see in the White House? Beyond Obama’s oratorical skills, which excited not only American voters but people all over the world, he is mostly untested as a politician. His previous experience was only a few years in the US Senate and a few years more as a state senator. A sinking feeling is arising among many that President Obama may not be up to the task, that he may not possess the artful skills needed to accomplish even his own goals.
Suddenly the left discovers his lack of experience and realizes he has absolutely no leadership experience and has demonstrated no leadership skills since assuming office. Wow, where have they been?
But the sparkling speeches have continued, haven’t they?
Of course, being a left-wing rag, the Guardian tries to make excuses for Obama by citing the Senate as a reason Obama has been able to move his agenda. Apparently the author is unaware that the Senate has been around since the creation of the government and other presidents have managed to get their agendas passed.
Yes, we’re back to the leadership question (or lack thereof).
But, back to the point, you have to appreciate the delicious irony of one liked but ineffective politician telling another liked but ineffective pol not to run for office. You can’t help but wonder, assuming things continue on the path they’re now on, if such a message will be conveyed by someone to Obama in 2012? Perhaps it will be delivered by Hillary Clinton when she throws her hat in the ring?
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Hillary Clinton, now Secretary of State and once First Lady who championed a failed attempt at government run health care, on the present effort at “reform”:
“It’s interesting that what we are proposing is fundamentally so conservative compared with so many of our friends and allies around the world who do a much better job than we do in covering everybody and in keeping costs down and yet some of the political opposition is so overheated.”
So what can we learn from that? First, the talking about about the opposition being “overheated” has reached all corners of the left. It again proves that if this is “overheated” then history began January 20th, 2009.
More importantly though, it makes the point that whatever is passed by Democrats and called “health care reform” (and something will be passed), it will only be the beginning of deep government intrusion in that segment of the economy. If this is “conservative” you ain’t seen nothin’ yet.
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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.
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.
For once, Joe Biden was right – he prophesied that within 6 months of taking office Barack Obama would be tested on the world stage.
Well, we’re a bit early, but thus for his performance has been underwhelming as it pertains to Iran. Even Biden and Hillary Clinton want to see a stronger response.
Instead we got silence, then a mealy-mouthed response and recently a bit stronger but still using language that vaguely supports the Iranian regime.
Today the House and Senate passed resolutions concerning Iran.
The Senate version “”condemns the ongoing violence against demonstrators by the Government of Iran and pro-government militias, as well as the ongoing government suppression of independent electronic communication through interference with the Internet and cellphones.”
It seems the House version now sounds like the Senate version, because apparently the White House was not pleased with the original version of the House resolution (it was too strongly worded for their taste), and helped the House “tone down” the resolution. Robert Gibbs then said the resolutions were consistent with the administration.
“We made it clear that we didn’t want to make the U.S. a foil in a debate that has nothing to do with us,” a senior administration told me this morning. “This is a debate among Iranians.”
The dangerous naivete? The belief that a totalitarian regime that has made the US their “foil” for 30 years wouldn’t do it at the drop of a hat when there was trouble?
And guess what? They have.
So the US has silenced itself based on the false presumption that Iran would only blame them for meddling if we said something.
Naive. Dangerous. And a sure way to loose any moral leverage in any future negotiations should the regime survive tomorrow.
Gen. David Petraeus says it is put up or shut up time for Pakistan. They’ve let the Taliban establish itself within Pakistan’s Swat valley and they are now threatening other areas. We covered that in a post about the price of appeasement.
“The Pakistanis have run out of excuses” and are “finally getting serious” about combating the threat from Taliban and Al Qaeda extremists operating out of Northwest Pakistan, the general added.
But Petraeus also said wearily that “we’ve heard it all before” from the Pakistanis and he is looking to see concrete action by the government to destroy the Taliban in the next two weeks before determining the United States’ next course of action, which is presently set on propping up the Pakistani government and military with counterinsurgency training and foreign aid.
Earlier in the month the Talibs had advanced within 70 miles of the capital, Islamabad. So what about the nuclear weapons?
The officials who spoke with Petraeus, however, said he and they believe that even were Zardari’s government to fall, it was still conceivable that Kayani’s army could maintain control over the nuclear arsenal.
That is because the Pakistani arsenal is set up in such a way — with the weapons stockpile and activation mechanisms separated — so as to prevent easy access by invaders. Moreover, the Taliban is not believed at present to possess the sophisticated technical expertise necessary to exercise full “command and control” over a nuclear arsenal, and would probably require weeks if not months to develop it.
Oh wonderful – they don’t possess the knowledge now, but a few months, and the Taliban could be nuclear. And, of course, we know what organization would be a beneficiary of such a capability, don’t we?
Pakistan is suddenly a much more critical story than either Iraq or Afghanistan. So what is our plan?
As for the security of the Pakistani nuclear arsenal, Secretary of State Hillary Clinton said last Saturday, in an interview with FOX News in Baghdad, that the U.S. believes the arsenal to be “safe” but only “given the current configuration of power in Pakistan.”
She described as “the unthinkable” a situation in which the the Zardari government were to be toppled by the Taliban, adding “then they would have the keys to the nuclear arsenal of Pakistan, and we can’t even contemplate that. We cannot let this go on any further…”
You know, say what you will about the last administration, but if they had said what Clinton said, I’d pretty well understand what they meant. But with this administration I have no idea what “we cannot let this go any further …” means.
We’re known here at this blog for being adamant about denouncing plans which appease terrorists. It’s a absolute no-win situation for the appeaser. Pakistan is now in the middle of learning that hard lesson:
Pakistan’s strategy of trying to appease Taliban militants is showing signs of backfiring, as extremists move within 60 miles of the capital and threaten to spread their influence throughout the country.
Really? What a surprise. They caved to the Taliban demands and allowed them to impose Sharia law in the Swat valley in return for promises the Taliban would lay down their arms.
And, unsurprisingly, the Taliban have reneged on the promise. That, of course, has Hillary Clinton huffing and puffing at Pakistan:
Secretary of State Hillary Rodham Clinton warned Wednesday that Pakistan’s government is “basically abdicating to the Taliban” by agreeing to let them implement Islamic law in the Swat region last week. Instead of putting down their weapons, as the government had hoped, the insurgents have since moved fighters into the neighboring Buner region, local lawmaker Istiqbal Khan said.
Of course that’s precisely what appeasement buys with zealots. Absolutely nothing except an even weaker position for the appeasers.
Additionally, the Taliban have turned the Swat valley into a theocratic hell while the Pakistani government stands by and tut-tuts:
President Asif Ali Zardari has blamed the Taliban for a wave of assassinations in Swat in recent months, and he condemned a recent video that showed militants flogging a young woman they accused of having an improper relationship.
There is a glimmer of good news however. There seems to be a public backlash building among Pakistanis with even conservative members of the Pakistani parliament distancing themselves from the militants. However in the complicated world of Pakistani politics, that may end up meaning nothing in a real sense as the Taliban, who recognizes no authority and certainly no obligation to live up to any promises, relentlessly pushes to expand its hold on northern Pakistan.
One of the things that seems peculiar to the left is the belief that diplomacy is the solution to everything. While I prefer that problems that are conducive to being solved by diplomacy receive the full diplomatic treatment, there are some problems, at least as they are defined, which don’t have a diplomatic solution.
That category would most likely include pirates in a failed state. That, however, is apparently not going to deter our new Secretary of State. Fresh from presenting a red “overcharge” “reset” button to the Russians and assuring the Chinese not to worry about us stressing those pesky human rights violations, Hillary Clinton has decided she’ll solve the Somali pirate problem – diplomatically.
“We need to bring 21st-century solutions to bear,” she said.
Her 21st solutions include:
Clinton said it may be possible to stop boat-building companies from doing business with the pirates.
Hmmm. Now I may be mistaken here but I was under the impression pirates were pretty well known for hijacking boats, not paying for them.
One element of her initiative, she said, is to “explore ways to track and freeze pirate assets.”
Again, I may be way off base here, but I was under the impression pirate ransom was paid in big, old, whopping bags of cash dropped on the deck of the ship from helicopters. I’m not sure how she plans on tracking, much less freezing that cash as I’m pretty sure the pirates most likely don’t seek out or use banks.
And her third 21st century solution? The good old 19th century meeting, talking and coordinating event:
The other element of the initiative include calling for immediate meetings of an international counterpiracy task force to expand naval coordination against pirates. She said federal agencies would meet Friday to review the problem and consider potential responses.
Yessiree, I feel all 21st century about these initiatives, if you define 21st century solutions as those which address problems they don’t seem to understand with “solutions” which don’t address them at all.
Oh wait, one more sure fire 21st century solution:
The administration plans to send an envoy to a Somali donors conference scheduled for next week in Brussels and will attempt to organize meetings with officials of Somalia’s transitional government as well as regional leaders in its semiautonomous Puntland.
Because that government and those regional leaders have been so successful in keeping piracy under control to this point.
So, let’s review – keep boat companies from doing business with pirates, track and freeze the pirate cash assets, talk amongst themselves and talk to powerless Somali leaders/government.
[HT: Scott Jacobs]
Yesterday on the podcast, we talked about Pres. Obama’s attitude towards certain aspects of his presidential responsibilities. Apropos of that discussion, he is receiving some criticism for his indifference to the markets.
Some Wall Street economists think President Obama could have voiced some sympathy about the plight of frightened shareholders when he compared the stock market’s plunge to an election tracking poll that “bobs up and down, day to day.”
They worry that the president is underestimating the important role the stock market plays in the economy’s performance, and that the markets’ precipitous slide is actually a vote of no confidence in the administration’s handling of the economy. There’s also a suspicion that Mr. Obama and his advisers think only wealthy people own stocks.
“There is some of that feeling that rich people are the ones who have stocks. He does have somewhat of that feeling. But you’ve got to remember that most people who own stocks aren’t rich,” said David Wyss, chief economist at Standard & Poor’s, the influential Wall Street financial research and forecasting firm…
…Mr. Wyss and some of his colleagues on Wall Street – where investors have lost trillions of dollars in savings and the market is not so much bobbing as dropping straight down – think Mr. Obama could have shown more concern for the markets, which represent the economy and signal its future direction.
During Mr. Bush’s tenure, there was constant criticism that he was “intellectually incurious”, e.g., he showed a lack of interest in the portions of his job he wasn’t required to be engaged in on a regular basis. I wouldn’t dispute those criticisms, of course, but it seems to be a trait that Pres. Obama shares with his predecessor.
Pres. Obama appears to be fascinated by aspects of politics such as “green jobs” and health care that aren’t actually part of the president’s core portfolio, while being uninterested in the foreign and military policies that are essential parts of the president’s purview.At the moment, we’re in the midst of an economic crisis–and I use the word intentionally–that stems from a credit bubble collapse. The stock market is a predictor of future earnings and profitability for private sector firms. As such, it tells you things about the expectations investors (which at this point includes more than half of the population) have about the future income that their investments will produce. What the collapse in the stock market tells us is that investors are voting with their money that future earnings will be substantially lower, meaning that firms all across the country will be less profitable.
What happens on a day-to-day basis, of course, may be subject to a variety of market whims and fancies, but long-term trends do indicate the direction of the economy. The market is a leading indicator. So when there are several straight weeks of decline in stock prices, the market is telling us something.
This seems not to be a reality that the president comprehends.
Instead, the president’s main focus seems to be on health care, green jobs, more policemen and prosecutors, and the like. All of which may be wonderful things, and none of which will happen if the economy implodes. To the extent the current crisis forces him to concentrate on economic policy, he appears to resent it.
Similarly, the president has made missteps in foreign policy this week. The Obama Administration apparently attempted to sell our Eastern European allies down the river by offering to shut them out of missile defense if the Russians cooperate on nuclear non-proliferation in Iran–until they got caught out on it. That was a major misstep.It was quickly followed by two minor missteps.
First was Sec. Clinton presenting the Russian foreign minister with a button which was supposed to say, in Russian, “Reset”, to symbolize the new engagement with the world the Obama Administration was supposed to bring about. What the button actually said was “overcharge” in Russian. On top of this, it’s generally a bad idea, symbolically, to present the Russians with a button to push of any sort, considering that the major foreign policy goal of the last half of the 20th century was to prevent the Russians from pushing “the button”.
Second was the treatment of Gordon Brown, the prime minister of the UK, during his visit. Rather than pulling out all the stops to showcase the visit of the head of government of what, by nearly any measure, is the United States’ most important ally, Mr. Obama treated it as if the Deputy Agriculture Minister of Azerbaijan had showed up on the White House’s doorstep. In what may be a first in my lifetime, the various press organs in Britain, from the commies at The
Spectator Observer, to the staid tories of The Times of London all agreed that Pres. Obama’s treatment of Mr. Brown amounted to an egregious snub of the United Kingdom.
In addition to the above, one has to note the retention of Sec. gates at the DoD, along with the retention of the great majority of the Bush Administration’s positions on executive privilege and the prosecution of the Global War on Terror.
What all of these things add up to is a picture of a president who is essentially uninterested in military policy, or foreign policy, or, really, economic policy, and who in effect simply ignores them to the extent he is able, and delegates their operation to his subordinates. What he cares about is government, and its ability to intervene in the marketplace, and to provide goods and services. It is in those areas where his interest and attention actually lie, and the remainder of the executive branch can, as far as he’s concerned, operate on auto-pilot.
Take all of the above together, and it appears to present an emerging picture of a man who is truly intellectually incurious, and who wishes to ignore, to the extent possible, those aspects of the president’s job that he doesn’t find personally appealing.
Sadly, he appears to be fascinated by aspects of politics such as “green jobs” and health care that aren’t actually part of the president’s core portfolio, while being uninterested in the foreign and military policies that are essential parts of the president’s purview.