Micheletti

The small country of Honduras did not agree to return its authoritarian ex-president to power after all.  Press reports said it did, but The Wall Street Journal says it merely agreed to submit a request for his return to Honduras’s Congress and Supreme Court, which previously backed the ex-president’s removal, in exchange for an end to U.S. sanctions and U.S. recognition of upcoming election results.  Under continuing U.S. pressure, they may soon allow his return to office, but it hasn’t happened yet.

The Washington Post admits that the ex-president, Manuel Zelaya, was trying to make himself into a dictator, like his mentor, Venezuela’s Hugo Chavez.  But the Post demands that he be returned to power anyway because he was “illegally deported” by the military after being removed from office.

But the ex-president is busy spinning the agreement as an unqualified recognition of his right to rule, which it isn’t.  And Obama Administration officials, like the State Department’s Thomas Shannon, are busy threatening Honduran legislators with sanctions and cancellation of their visas if they vote against reinstating Zelaya, in a manner seemingly at odds with the agreement itself.

Honduras removed ex-president Zelaya after he systematically abused his powers: he sought to circumvent constitutional term limits, used mobs to intimidate his critics, threatened public employees with termination if they refused to help him violate the Constitution, engaged in massive corruption, illegally cut off public funds to local governments whose leaders refused to back his quest for more power, denied basic government services to his critics, refused to enforce dozens of laws passed by Congress, and spent the country into virtual bankruptcy, refusing to submit a budget so that he could illegally spend public funds on his cronies.

By levying sanctions on Honduras, and refusing to recognize its current government, the Obama administration has destabilized the country, one of the poorest in Latin America, resulting in mass layoffs leading to 65% unemployment among workers at small and medium-size enterprises in Honduras.  Vulnerable social groups in Honduras, like orphans, have suffered especially acutely, and malnutrition has risen.

Even before the current crisis, the World Food Program noted that “One out of  four Honduran children under 5 years old falls  to chronic malnutrition. In some rural communities to the west of the country, chronic malnutrition can reach 48.5 percent.”  Since the crisis, things have gotten much worse: “A woman caring for six grandchildren can no longer afford milk. A bricklayer who used to work six days a week now is lucky to get two. A shop manager has seen his earnings evaporate.”

The Obama administration insisted that Zelaya’s removal was illegal, although many legal commentators said that Honduras’s removal of ex-president Manuel Zelaya was legal — and thus, not a coup. The ex-president’s removal was perfectly constitutional, say many lawyers and foreign policy experts, including attorneys Octavio Sanchez, Miguel Estrada, and Dan Miller, former Assistant Secretary of State Kim Holmes, Stanford’s William Ratliff, and The Wall Street Journal’s Mary Anastasia O’Grady.  Former Secretary of State James Baker, a lawyer, says that Honduras’s removal of Zelaya from office was legal, although its exiling of him was not.

Earlier, I wrote about how the Obama Administration has imposed sanctions on the people of Honduras, such as blocking travel to the U.S. from the country, because Honduras removed its ex-president and would-be dictator, Mel Zelaya, and because its Supreme Court subsequently refused to approve Zelaya’s demand that he be returned to office to replace his successor, Micheletti, a Congressman who was named to replace him by an almost-unanimous vote of Honduras’s Congress.  (Because soldiers enforced a court order for the ex-president’s arrest, after he lost his right to hold office by violating his country’s constitution, the Obama Administration and the Organization of American States (OAS) incorrectly claim that what happened was a “military coup.”  Apparently, they believe that when the ex-president began to make himself a dictator, the army was supposed to say “yes, sir”  to his illegal demands, rather than safeguarding the Constitution)

Ever since, I’ve received a stream of emails and comments from Americans in Honduras, chronicling the disastrous effects of the Obama Administration’s position on the people of Honduras, one of the poorest countries in Latin America, where malnutrition and poverty are rapidly increasing and unemployment is now widespread.  Here’s one sample (to protect the author from retaliation, some information is redacted):

I live on the island of ____ in the country of Honduras. . .

I am an American living in Honduras, I own a small resort on the island. I along with other Americans all over the country are sickened by the stance of the US administration. The US stance has caused many hardships, business all over the country is dead. At our resort we have had to go to a 4 day work week with our employees, this causes real hardships for my employees most of which are poor. . .

We americans feel that we must do something dramatic to catch the attention of the media, public, and elected representatives in DC. We know we will not change Obamas mind. Mr Llorens our ambassador has been a close personal friend of Zelaya for years, and the OAS is well the OAS. . .

We are not rich folks, most of us run modest businesses while trying to improve economic conditions, environmental conditions, and living standards wherever we live. We are so proud of the Honduran people, they knew and know full well that standing by their constitution will very likely cause many to starve, this is after all the poorest country in latin america. Zelaya tormented this country and violated it laws as you have so documented in your so well written piece. The constitution as written in 1982 is still fresh in the minds of the many that shed blood, sweat and tears to see its final draft come into law. The rule of law is not often followed in latin america, so this time, when this poor little country stared in the face of the dictator and said NO, it has shocked the world. This is the bravest country on the planet at the moment, but the present administration just like we americans are seeing the signs that these brave people are hurting. bananas for main meals, trees stripped of fruit, i fear that the new president will cave to save his people, noble, but the people want freedom first.

So there you have it, I am a 50 something man that would lay down his life for his country in a minute, now i can think of no other group of people that i would rather help. We are getting organized and would appreciate your input and ideas.

Right now, all the left-wing groups that complained about U.S. interference in Latin America in the 1980s are hypocritically demanding that the U.S. interfere in Honduras to force it to accept the return of its would-be dictator. (Latin American dictators like Cuba’s Castro, who usually complain about any American presence in Latin American countries like Colombia, are now demanding that America force the return of Zelaya to power).

All their past rhetoric about imperialism was disingenuous.  There could be no more obvious example of imperialism than the Obama Administration trying to force Honduras’s legislature, courts, and people to accept the return of its bullying ex-president, and Obama’s claim that his removal was “illegal,” when it has been upheld his country’s highest court, and was expressly mandated by Article 239 of the Honduras Constitution (which Article 272 gave the military the authority to enforce).

I am sorry to say that I took their arguments seriously in the 1980s.   (I have always been skeptical of U.S. meddling overseas, and I am not a “neoconservative.”  I opposed both of the Iraq Wars — the first of them in the now defunct University Journal — and, rightly or wrongly, criticized U.S. intervention in Nicaragua in the 1980s, in the Howard County Times and Columbia Flier).

What Obama is doing in Honduras is much worse than what Bush did in Iraq.  At least Bush’s intervention got rid of an evil dictator (even if it also resulted in chaos and huge costs for the taxpayers).  By contrast, Obama’s intervention is aimed at putting a would-be dictator back in power.

By blocking international recognition of Honduras’s current government, imposing sanctions, and continually pressuring Honduras to let ex-president Zelaya return to power, the Obama Administration has helped destabilize the country, with terrible consequences for the country’s poor.  My co-worker Julie notes, “My daughter was going to go to help set up an orphanage in Honduras next month and now can’t.”

Honduras was already a very poor country.  “One out of  four Honduran children under 5 years old falls  to chronic malnutrition. In some rural communities to the west of the country, chronic malnutrition can reach 48.5 percent.”

The Obama Administration has decided to block travel by the people of Honduras to the United States to punish their country for its Supreme Court’s refusal to back the return to power of Honduras’s ex-president and would-be dictator, Manuel Zelaya, who is backed by left-wing Latin American dictators like Castro and Chavez.  The Obama Administration is now blocking the issuance of nearly all visas, meaning that a Honduran grandma who wants to visit her grandkids in the United States can’t.

Obama’s decision came in response to a recent ruling by the Honduras Supreme Court, ruling that the removal of the country’s would-be dictator was a perfectly lawful “constitutional succession,” and that he must face criminal charges for the crimes he committed as president.  Obama’s action will further destabilize a country whose economy has been pushed to the brink by recent turmoil, and which is the third-poorest country in the Western Hemisphere. (Honduras has close economic links to the U.S., making it very vulnerable to sanctions).

Earlier, soldiers acting on orders from the Honduras Supreme Court removed Honduras’s president from office, after he attempted to circumvent constitutional term limits, used mobs to intimidate his critics, threatened public employees with termination if they refused to help him violate the Constitution, engaged in massive corruption, illegally cut off public funds to local governments whose leaders refused to back his quest for more power, denied basic government services to his critics, refused to enforce dozens of laws passed by Congress, and spent the country into virtual bankruptcy, refusing to submit a budget so that he could illegally spend public funds on his cronies and pet projects  (The ex-president made Richard Nixon look like an angel by comparison, and Americans would never put up with a president who behaved as badly as Honduras’s ex-president.   But American liberals sometimes romanticize left-wing dictators overseas, and Honduras’s ex-president, despite being a wealthy landowner, knew how to curry favor among intellectuals and journalists through seductive left-wing rhetoric).    The nation’s Congress then voted almost unanimously to replace him with the Congressional speaker, who is the country’s current president.

Because soldiers, “instead of the police,” carried out the court’s orders to remove the ex-president, the removal has been falsely referred to ever since as a “military coup” — by liberal journalists, the Obama Administration, the Carter Center, and the leftist regimes that now prevail in much of Latin America.  Never mind that only soldiers, not police, would have enough manpower to remove a would-be dictator who was the most powerful man in his country, with his own bodyguards.  Never mind that Honduran Constitution expressly vests the military — not police — with the power to enforce Constitutional guarantees like term limits, in Article 272. Or that the president forfeited his right to rule by proposing an end to term limits (Honduras has had such a problem with elected presidents later becoming “presidents for life”  through vote fraud and intimidation that Article 239 of the Honduras Constitution strips presidents of the presidency if they even “propose” an end to term limits). Or that soldiers have occasionally been used to enforce court orders, even in the U.S., such as in the 1957 Little Rock desegregation order.

The ex-president’s removal was perfectly legal, say many lawyers and foreign policy experts, including attorneys Octavio Sanchez, Miguel Estrada, and Dan Miller, former Assistant Secretary of State Kim Holmes, Stanford’s William Ratliff, and the Wall Street Journal’s Mary Anastasia O’Grady.

That no “military coup” occurred in Honduras has long been clear, from the fact that it is the Honduras’s Supreme Court and Congress that continue to object on legal grounds to the ex-president’s return, while the military has said that it will not block his return if Honduras’s courts or legislature conclude that the President’s return would in fact be legal. (Indeed, the military was a big loser in the ex-president’s ouster, since the U.S. promptly cut off military aid as a result, and Honduras is heavily reliant on foreign aid)

Confronted with the legal basis for removing the ex-president under his country’s constitution, the Obama Administration has responded with a series of increasingly ridiculous rationalizations for stubbornly seeking to force his return on the Honduran people.

Obama has argued that elected presidents have a right to continue ruling even if they violate their country’s constitution, and his assistant secretary of state argued that presidents should not be removed without elaborate “judicial process” (an argument at odds with our own Constitution’s provision for legislative impeachment, and Honduras’s constitutional provision automatically stripping presidents of their office if they even propose changes to constitutional term limits).

The Obama Administration earlier showed  its ignorance by suggesting that Honduran legislators and judges lost their right to hold office when Honduras’s ex-president was removed. That’s like saying that after Richard Nixon resigned in Watergate, all of his judicial appointees (including the 4 Supreme Court justices he appointed, such as Harry Blackmun and William Rehnquist) should have automatically lost their posts, and the entire Congress should have resigned. In an effort to intimidate Honduras’s legislature and courts, Obama’s State Department earlier rescinded the visas of a Honduran Supreme Court justice, the leader of Honduras’s Congress, and its human-rights ombudsman, who had criticized human-rights abuses and intimidation by the ex-president. State Department spokesman Ian Kelly justified the taking away of the visas by saying that “We don’t recognize Roberto Micheletti as the president of Honduras. We recognize Manuel Zelaya.”

But Congress and the Supreme Court are co-equal branches of government that do not lose their right to hold office merely because the president leaves his office. Presidents are not emperors. They are not the government, but merely part of it. Obama was not taught this bizarre theory of imperial power at Harvard Law School, which he and I both attended.

Obama’s demand that Honduras reinstate its would-be dictator has emboldened other elected leaders in Latin America to try to make themselves dictators. (Even the liberal Washington Post, which has not endorsed a Republican for president since 1952, admits that Obama has shown a “willful disregard of political oppression” by left-wing dictators in Latin America).

There was no “coup” in Honduras.  A coup is the sudden, illegal deposition of a legitimate government by a small group.  The removal of Honduras’s president was supported by the entire Honduran Supreme Court, an almost unanimous Honduran Congress, and much of Honduran society. Honduras did not lose its government, but merely replaced one illegitimate part of it: its overbearing president. And his removal from office (as opposed to his subsequent exile) was clearly legally justified.

Given the substantial Honduran population in the U.S., and the fact that Hondurans frequently travel to and from the U.S. on business or to visit family members, the Obama Administration’s restrictions on their relatives’ right to travel are a serious encroachment on civil liberties.

Unlike the Washington Post, which has largely told the disturbing truth about Honduras’s ex-president (despite being a liberal paper),the wire services have often sugarcoated the terrible record in office of Honduras’s ex-president Zelaya, and his biggest supporter, the thuggish Venezuelan strongman Hugo Chavez.

For example, the Associated Press’s Morgan Lee and Alexandra Olson have given Zelaya and Chavez fawning coverage, claiming that it is only Latin America’s “elites” who object to them — a blatantly false claim, given that Zelaya was so unpopular among his people that his approval rating was only 30 percent at the time of his removal.  They called Chavez, who engaged in rampant vote fraud in his reelection bid (as well as censorship to silence critics and unfavorable publicity) “democratically elected.”  Never mind that Chavez  has shut down independent media, shot peaceful demonstrators, harassed elected mayors, and seized private property on a vast scale.

(Obama’s appointee to be the FCC’s “diversity officer” is a big fan of Venezuelan dictator Chavez, Mark Lloyd.  Lloyd has called Marxist Venezuela a model, praised its authoritarian leader’s “incredible revolution” and defended his attacks on independent media.  Obama’s nominee to be Assistant Secretary of State, Arturo Valenzuela, has reputation as a loud defender of Venezuelan dictator Chavez’s terrible record on freedom of the press.  Obama’s green-jobs czar, Van Jones, who is busy orchestrating advertiser boycotts of Obama’s media critics, was until recently a “member of a radical communist group that was dedicated to ‘organizing a revolutionary movement in America.’”)

Ignorant of Honduran economic realities, they also make much of the fact that Honduras’s ex-president raised the minimum wage, even though many of the beneficiaries of this increase were well-off public employees whose pay is based on a large multiple of the minimum wage, and many of Honduras’s poor are not covered by minimum wage laws.  Of those poor people who were covered, thousands lost their jobs when the minimum wage went up (since their employers could not afford to pay such increased wages for unskilled labor; a newspaper from the ex-president’s own Liberal Party predicted it would lead to 40,000 layoffs).  By contrast, public employees in Honduras sometimes have collective bargaining agreements that set their pay as a multiple of the minimum wage, meaning that a high-paid bureaucrat may get a pay raise when the minimum wage goes up.  Honduras’s ex-president also gave millions to his wealthy cronies, like the clownish buffoon Milton Jimenez.

Journalists nonsensically refer to Honduras’s removal of its ex-president as a “coup” even while admitting that it was ordered by the country’s supreme court.  But if it was legal, by definition, it cannot be a coup, since a coup requires “the unconstitutional overthrow of a legitimate government by a small group.”

Honduran church leaders, and 17 U.S. Senators, are now opposing outside pressure on Honduras to reinstate the corrupt president that it ousted last Sunday for seeking to eliminate constitutional term limits and become a dictator. The Obama Administration has joined Cuban dictator Castro, the anti-American Venezuelan dictator Hugo Chavez, and the Organization of American States in demanding that Honduras put ex-president Mel Zelaya back in power.

“Óscar Andrés Rodríguez Maradiaga, the Archbishop of Tegucigalpa, and a Cardinal, strongly warned against Zelaya’s return to Honduras, which could lead to a ‘blood bath.’ Rodriguez, in a televised speech on July 4, asked the Organization of American States (OAS), which has demanded Zelaya’s restoration, to examine the ‘illegal deeds’ under Zelaya’s regime:’” “‘The Honduras people are also asking why the warlike threats against our country have not been condemned,’ he continued, by implication referring to invasion threats by Venezuelan strongman Hugo Chavez.”

Speaking on behalf of Honduras’s bishops, he criticized international sanctions and threatened trade blockades against Honduras: “‘We declare the right we have to define our own destiny without unilateral pressure of any sort, seeking solutions which promote the good of all,’ said Cardinal Rodriguez in his July 4 broadcast, reading from the bishops’ statement. ‘We reject threats of force or blockades of any sort which only make the poorest suffer.’”

“Implicitly defending Zelaya’s ouster by the Supreme Court and Congress, Cardinal Rodriguez said: ‘Each and every one of the documents which have come into our hands show that the institutions of the Honduran democratic state are valid and that what it has executed in juridical-legal matters has been rooted in law.’ Rodriguez noted that the Honduran constitution asserts that ‘whoever proposes’ to change the constitution’s prohibition against presidential reelection ‘immediately ceases to hold his post and remains disqualified for ten years for any public function.’ The Cardinal concluded: ‘Therefore, the person sought, when he was captured, no longer held the position of President of the Republic.’ The Supreme Court had authorized an arrest warrant for the President, he noted.” In short, the removal of Zelaya was valid under Article 239 of the Honduras Constitution, as the Honduran-American lawyer Miguel Estrada, the Honduran lawyer Octavio Sanchez, and a former assistant secretary of state, have noted.

Cardinal Rodriguez did, however, criticize the military for exiling Zelaya after removing him from office, taking him in his pajamas to the nearby country of Costa Rica, “when he observed that the constitution prohibits expatriation to a ‘foreign State,’” referring to Article 81 of the Honduran Constitution.

(The military’s role in removing Zelaya from office was valid under Article 272 of the Honduras Constitution. Moreover, it acted on orders of the Honduran Supreme Court, and the president was replaced by the Congressional speaker, Roberto Micheletti, who was duly selected by an almost unanimous vote of Honduras’s Congress. Given the country’s civilian leadership, the oft-repeated claim that Honduras had a “military coup” or is controlled by a “military junta” is simply false).

Obama and the State Department have argued that Zelaya’s removal from office was an “illegal” “coup,” but they have not explained how his removal could violate Honduran law if it was approved by the Honduran Supreme Court and carried out in accord with Articles 239 and 272 of the Constitution. That has puzzled many in the Senate.

On July 8, 17 senators sent Secretary of State Clinton a letter calling on the Administration to stop pressuring Honduras to accept the return of its would-be dictator, and asking the Administration to explain how it can possibly call the removal illegal when it was carried on orders of the Honduran courts and approved by the Honduran Congress. They noted that “the removal of Mr. Zelaya was legal and legitimate” pursuant to the Honduran Constitution’s “system of checks and balances.” Accusing the Administration of “disregarding Honduran law,” they argued that “U.S. assistance should not be interrupted to Honduras” based on the false assumption that it has experienced a military “coup d’etat.”

(To argue that Honduras acted illegally, the Obama Administration has made some pretty radical, and unfounded, legal claims, such as suggesting, contrary to the U.S. and Honduran Constitutions, that corrupt government officials can’t be removed from office without elaborate “judicial process,” and that there is a “universal principle” that allows elected presidents to stay in office, even, apparently, if they violate the law or constitutional checks and balances.).

The Episcopal Bishop of Honduras has also criticized ousted president Zelaya, noting that he had defied the Supreme Court and Congress when he “led a group of protesters to an air force installation and seized the ballot boxes, which the procurator’s office and the electoral tribunal had ordered confiscated.”

The democratically-elected president of Panama is now telling other American leaders not to meddle in Honduras’s affairs by forcing Zelaya’s return.