Posted by Jim Lindgren:
Why are We Backing the Former President of Honduras?
http://volokh.com/archives/archive_2009_07_05-2009_07_11.shtml#1247020907


   Dan Miller has a seemingly [1]careful account of the situation in
   Honduras, claiming that there was no military coup:

     As most already know, the Honduran Supreme Court was in the midst
     of a ongoing clash with President Manuel Zelaya on June 28 when an
     order was issued for President Zelaya�s arrest. The order was
     executed by the Honduran military, which, it appears, exceeded its
     authority and not only arrested him but took him to Costa Rica. It
     did so to prevent internal violence.

     The crisis was due to a number of things, including Zelaya�s
     efforts to amend the Honduran constitution in ways both
     procedurally and substantively prohibited by that document. The
     congress then followed the Honduran laws of presidential succession
     and appointed the (civilian) president of the Congress, Roberto
     Micheletti, to be the interim president until elections could be
     held, as scheduled, in November.

     While claimed by many to have been a coup by a military junta, it
     was not. The civilian government remains in power, and the military
     remains subordinate to it. (A more detailed account is provided in
     an [2]article I wrote on June 30. A certification by Honduras of
     its bases for removing Mr. Zelaya from the presidency is provided
     here.)

     Since the departure of Mr. Zelaya, Honduras has been a focus of
     much unwanted international attention. President Hugo Chávez of
     Venezuela has been adamant in demanding that Mr. Zelaya be
     reinstated as president; the United States Government, while less
     acerbic, has demanded the same. The Organization of American States
     (OAS) and the Bolivarian Alternative for Latin America and the
     Caribbean (ALBA), largely under the leadership of President
     Chávez, have demanded Zelaya�s return, and so has the UN.

     Publicly, at least, Honduras stands alone with the sole exception
     of the government of Panamá, which, on July 6, asked the various
     governments to keep their noses out of Honduras� internal affairs.
     President Ricardo Martinelli, who recently won the presidential
     election in Panamá by an unprecedented sixty plus percent with
     very high voter turnout, stated:

     Panamá has to be a leader of freedom and justice, not only here in
     our home, but in our region and our continent. As president, I will
     do everything within my power to advance the ideals of a free
     economy, defying the ideological pendulum in Latin America.

     News coverage in Panamá of the Honduran mess has been less biased
     than most coverage in the United States and elsewhere, and the
     return of Mr. Zelaya is favored by very few here. . . .

     On July 6, he departed Nicaragua for Washington, D.C., where he is
     to meet with Secretary of State Hillary Clinton prior to his
     anticipated attempt to return to Honduras on July 8 or 9. Previous
     meetings subsequent to Mr. Zelaya�s removal from the presidency had
     been with lower ranking officials.

     Also on July 6, an unofficial mission representing the interim
     Honduran government left for Washington, even though the United
     States government has not recognized it. According to the Latin
     American Herald Tribune, �a spokesman for the State Department said
     Monday that no U.S. officials would meet with representatives of
     �the de facto regime� in Tegucigalpa.� . . .

     What happens next? Mr. Zelaya has threatened to make a second
     attempt to return to Honduras. Through a spokesman, he stated that
     �it could be by air, sea or land. �� We are not going to say
     where.� The main Honduran airport remains closed, and it seems
     unlikely that Mr. Zelaya will be able to land there. Assuming that
     he nevertheless tries to return, the options would appear to be by
     land or sea � unless, of course, he decides to bring a parachute.
     When his aircraft was prevented from landing on July 5, he said
     that if he had brought a parachute, he would have used it. . . .

     It would not be surprising, however, if Mr. Zelaya attempted to
     return via Nicaragua accompanied by Nicaraguan troops.

     In these circumstances, it seems unlikely that either side would
     back down. This would set the stage for a military confrontation at
     the border, during which it is conceivable that Mr. Zelaya and
     others would be killed.

     That�s what may happen. What I think should happen is rather
     different. Panamá has it right, and foreign countries should keep
     their noses out of Honduras� internal affairs. The early elections
     proposed by the interim Honduran government would very likely
     defuse the explosive situation there and, like the vote a few years
     ago when Mr. Zelaya was elected, would be fair and transparent.

   If Miller is correct, then it appears that the initial reporting of a
   military coup was grossly mistaken. Manuel Zelaya was not removed from
   office by the military. After he he was legally removed from office by
   the Honduran Supreme Court, the military arrested him and removed
   Zelaya from their country rather than simply arrest him as they were
   ordered to do. According to Miller, the military is not running the
   country; the constitution remains in effect and the civilian
   constitutional successor is in charge.

   Why hasn't the US recognized the constitutional successor to Zelaya?

   As yet, I have seen no coherent argument from the US government
   regarding why we are backing the former president, Manuel Zelaya.

References

   1. http://pajamasmedia.com/blog/the-kerfuffle-in-honduras-continues/?print=1
   2. http://blogcritics.org/politics/article/presidents-chvez-obama-et-al-are/

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