The Congressional Reasearch Service (CRS) has released a new report on the ousting of former President Manuel Zelaya.
Among its findings:
Available sources indicate that the judicial and legislative branches applied constitutional and statutory law in the case against President Zelaya in a manner that was judged by the Honduran authorities from both branches of the government to be in accordance with the Honduran legal system.
However, removal of President Zelaya from the country by the military is in direct
violation of the Article 102 of the Constitution, and apparently this action is currently under investigation by the Honduran authorities.50
So his removal from the Presidency was Constitutional, but his removal from the country was not.
Yet the Obama administration has still failed to recognize the government of Honduras is the rightful legal government of the Country, and the administration has cut aid by $30 million and threatened to cut another $200 million. This is about 2% of the Honduran GDP.
Furthermore the Washington Examiner reports:
Do the facts matter? Fat chance. The administration is standing by its "coup" charge and 10 days ago, Secretary of State Hillary Clinton went so far as to sanction the country's independent judiciary. The U.S. won't say why, but its clear the court's sin is rejecting a U.S.-backed proposal to restore Mr. Zelaya to power.
The upshot is that the U.S. is trying to force Honduras to violate its own constitution and is also using its international political heft to try to interfere with the country's independent judiciary.
Hondurans are worried about what this pressure is doing to their country. Mr. Zelaya's violent supporters are emboldened by the U.S. position. They deface some homes and shops with graffiti and throw stones and home-made bombs into others, and whenever the police try to stop them, they howl about their "human rights."
But it may be that Americans should be even more concerned about the heavy-handedness, without legal justification, emanating from the executive branch in Washington. What does it say about Mr. Obama's respect for the separation of powers that he would instruct Mrs. Clinton to punish an independent court because it did not issue the ruling he wanted?
Its time the Obama administration correct its failed position, and show a respect for the Rule of Law in other nations and their independent judiciaries.
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