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President Obama said yesterday at the Three Amigos Summit that "we have been very clear in our belief that President Zelaya was removed from office illegally, that it was a coup and that he should return."

The only problem was that Zelaya's removal from the office of President of Honduras was completely legal. Constitutional lawyer Miguel Estrada raised this issue in a July 10 Los Angeles Times piece. Article 239 of the Honduran Constitution says:

"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, 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."

Zelaya tried to pass a referendum that would have allowed for him to run for re-election in November. The Supreme Court of Honduras then issued a warrant for his arrest that the military carried out on behalf of the Court. The Honduran Congress affirmed the transition of power with a 122-6 vote. That's not a coup; that is an organized system of checks and balances in a democracy. The Obama administration might not want to be perceived as flip-flopping on this issue -- but it seems the State Department must at some point recognize its mistake and back the rule of law over the slide towards dictatorship.

View all comments (14) | Leave a comment

Real American| 8.11.09 @ 11:43AM

Obama reflexively supports Communist dictators and wannabe Communist dictators because that's what he wants to be.

Calvin Tucker| 8.11.09 @ 4:35PM

The author says that "Zelaya tried to pass a referendum that would have allowed for him to run for re-election in November"

This is completely untrue and this journal should publish a retraction.

Zelya had tried to hold a non-binding consultative referendum, i.e. a nationwide opinion survey.

The question on the ballot paper was as follows: 'Do you agree with the installation of a fourth ballot box during the 2009 general elections so that the people can decide on the calling of a national constituent assembly? Yes or No.'

As you can see, absolutely nothing about allowing Zelaya to run again for president. Had the population voted 'yes' then a binding referendum could have taken place to coincide with the 2009 presidential elections due in November. The ballot question makes this absolutely clear.

Irrespective of the result of the ballot, there were no circumstances under which Zelaya could have stood again in November's elections. He was not a candidate and he could not have been a candidate.

The full retraction by the editors of this journal is called for.

Edu_Villela| 8.11.09 @ 4:46PM

I've noted something in the media: People tend to gravitate to sources that strictly attach themselves to their own point of view. Those who are Pro-Zelaya visit the Huffington post and are convinced that they are unarguably right, those who are pro-Ouster visit World4Honduras and are convinced that are unarguably right.
They send reporters and the reporters only interview those people who have their corresponding bosses' point of view. I've been visiting websites from one side of the spectrum to the other and the only conclusion I have reached is that there isn't one single source of real unbiased information. This is especially laughable because the truth lies somewhere in the middle.
The fact is, he never stated that he wanted to extend his office outright. However, it doesn't take an IQ of 250 to read between the lines and to infer from his actions what his next steps were going to be.
The standard reaction to when he opens his mouth is to slap one's own forehead. But, he shouldn't have been removed as he was. Don't get me wrong, I don't believe he has the remotest business being the president, but his removal was handled poorly (I'm being charitable, it was handled stupidly). I would've preferred he weren't removed at all to have avoided the current situation. But it was done, and, as for myself, I've thrown my lot behind the ouster for good or ill.
I believe it is the lesser of two evils. If Mel were to return, he'll probably remove from power anyone who could possibly be against him simply by pointing in their general direction and muttering "golpista" (whether or not they actively participated) so he would rule (not lead) unopposed, he would likely oppose elections because they were tainted, he would consolidate his power. Where are your checks and balances now? I don't want to live in a country where the executive branch (effectively a single person) holds absolute authority of all the other branches.
He spouts democracy, but what he wishes for is ochlocracy, the rule of mob, a vile perversion of the spirit of democracy, where the only distribution of wealth will be to distribute it into his own pocket.
People should avoid the standard "not-my-wing therefore wrong, must present in worst possible light, lie, bias is fully acceptable, encouraged and enforced. Further my-wing is always invariably right, must always be given the benefit of the doubt, lie, bias is fully acceptable, encouraged and enforced." approach that most journalists have followed throughout the opinion spectrum.

Calvin Tucker| 8.11.09 @ 5:10PM

Edu_Villela

Your opinion of President Zelaya is irrelevant to the question on the non-binding consultation. Please read it.

Zelaya was NOT holding a referendum on allowing him to re-run for president, and there is no possible interpretation of the ballot question that can substantiate such a preposterous allegation.

Had the population voted 'yes' to setting up a constitutional assembly, this would then have been put to the vote in November's presidential election, when Zelaya's term in office finishes.

This is not my opinion. This is precisely what the question on the ballot paper says.

Here it is again: 'Do you agree with the installation of a fourth ballot box during the 2009 general elections so that the people can decide on the calling of a national constituent assembly? Yes or No.'

The ballot paper said NOTHING whatsoever about allowing Zelaya to run again. Nothing.

Even if you shut your eyes and pretend that the ballot question was about allowing Zelaya to run again, how would it have been possible for him to do so when the proposed referendum was to coincide with the presidential elections?

Neither you nor the author of this piece can explain for the simple reason that it was impossible under any circumstances for Zelaya to run again.

This invention about Zelaya trying to stay in power is the big lie of the coup regime.

K| 8.11.09 @ 6:51PM

Anybody who says that Mel Zelaya was not an aspiring-dictator committed to an outcome contrary to democracy is simply trying to play everybody else for a total fool. There's no question that Mel's predetermined outcome was of a Chavez satellite state where the will of Honduras people would be forever negated.
Fortunately, there aren't that many fools out there in Honduras, especially when that fool's game has been played out eslewhere.
The bigger lie than the Coup lie is the lie that Mel has popular support in Honduras. He does not have a shred of support. Not more than 10%.
Watch and watch and watch until there is no denying it:
http://www.youtube.com/SupportHonduras#play/user/ADD6706997D19BD1

Millions of decent people have march and demonstrated on behalf of their Constitution and the other branches of government.
And these people don't need to be paid like Zelaya's supporters do (undeniable documented)
NO WONDER THE BIASED INTERNATIONAL MEDIA WON'T SHOW THE WORLD THIS.
These are videos from Honduras, of Hondurans, their local news, their own videos.

K| 8.11.09 @ 7:05PM

Calvin, your understanding of the situation and of the Honduras Constitution is stunningly limited that if were you, I'd be embarassed to display it on a message board. How long have you known Mel Zelaya? How many *ordinary* friends do you have in Honduras (excluding all Leftists you might know that 'found' Central America as their playground)?
I'd be real interested to understand what biases you have about, for instance, all 15 people unanimously on the Honduras Supreme Court who you accuse of a great crime of their loyalty to their own nation and civil service, using such poor basis in fact that you claim not only to know it better than the millions of Honduras people who have marched in favor of the action I supplied in those videos, but also more than those 15 people of which it has been their life's work? For instance, did you know any of the judge's personal historys of fraud to make such a grand accusation? Did you even know their names and who appointed them before making such a claim on the internet?

Calvin Tucker| 8.11.09 @ 7:37PM

I note that 'K' studiously avoided the fact that the question on the ballot paper said nothing whatsoever about Manuel Zelaya being able to run again for the presidency.

This is the big lie of the coup regime, and no-one, not even the die-hard golpistas, is able to back it with any evidence.

Instead the coup is justified by assertion, e.g. Mel has no support, millions demonstrate against him etc etc.

I reported on one of these supposed million-strong pro-coup demonstrations. Despite wall to wall advertisements on the heavilly censored Honduran TV channels, the actual attendence was, at best, 8,000. I know this because the marchers rallied at the Lempira baseball stadium in downtown Tegucigalpa, which hold no more than 10,000. The photographs of the half empty stadium have been published. And despite the censorship and repression, Zelaya's approval rating, according to the international Gallup opinion poll firm, is positive.

But even if these spurious claims posted by K were true, they provide no legal justification for kidnapping the elected president at gunpoint and expelling him from the country. If Zelaya really was so terribly unpopular, the rationale for overthrowing him five months before scheduled elections evaporates into thin air.

K| 8.11.09 @ 8:15PM

The Gallup poll was a total fraud that flies in the face of obvious reality to everybody in Honduras, I don't care whose name was on it.
I barely skimmed your response. I am a full month bored of Constitutional discussions with folks like you because for every one of you there's 1000 more coming right behind you, and there is no reasoning with any of you.

If authorities show up at your house and sieze you by force because they were given an arrest warrant, you were not kidnapped.

If a man pulls a gun on you in the street for your wallet, you know him to be criminal. This is how the Honduras people know Mel Zelaya- to brazen criminal. If you really knew a lot of ordinary Honduras people for many years of your life, you would know this Truth. This is why I am certain you don't.

I will invite everybody else who doubts to watch more videos:
http://youtube.com/SupportHonduras
Every peaceful and decent person in these videos are protesting people those that don't respect Honduras' Constitutional self-determination that removed Mel Zelaya from power.

If people want to really learn what has gone on in Honduras, I strongly recommend spending a few hours reading older posts on this blog:
http://lagringasblogicito.blogspot.com/

Calvin Tucker| 8.11.09 @ 8:42PM

Again, 'K' responds with assertion, not evidence.

The polls are fraudulent he says, because "everybody in Honduras" knows they are fraudulent.

"Millions of people" in a country of less than eight million marched in favour of the coup [and yet they couldn't fill a 10,000 seater baseball stadium!]

President Zelaya is a "criminal" because he is a criminal. This is a fact, he tells us, because it is the "Truth" with a capital T.

Etc, etc...

K| 8.11.09 @ 8:51PM

The more you type without really sitting through watching those videos, the more foolish you sound to those that do sit through watching those videos. It'll only take you about 1 hour.
If a simple picture is more suitable for those that lack attention, are you going to tell everybody this is a small crowd of people:
http://lagringasblogicito.blogspot.com/2009/07/honduras-july-22-march-ill-bet-you.html

K| 8.11.09 @ 11:11PM

I hope folks watched some videos on this playlist:
http://www.youtube.com/SupportHonduras#play/user/ADD6706997D19BD1

Now let's see who the Zelayista people are and act that those like Calvin so vociferously support:
Take note- lots of damage, a few supporters, thugs trying to take a nation hostage:
http://lagringasblogicito.blogspot.com/2009/08/zelayistas-provoke-chaos-in-tegucigalpa.html
http://lagringasblogicito.blogspot.com/2009/08/what-is-really-happening-in-honduras.html
or these on the lower part:
http://lagringasblogicito.blogspot.com/2009/07/zelaya-respect-will-of-people.html

Who are these Zelayists-
1.) impoverished people paid handsomely with illegal money to participate. There's lot of proof of this. But you want 1 great shot of that:
http://myroatan.blogspot.com/2009/08/buying-support.html
2.) untouchable criminal elites with lots to gain from Zelaya, usually mingling 'in disguise' as peasants
You want a shot of this- read Mita's comment and google that guy's name Rasel Tome search images
http://hondurasabandoned.blogspot.com/2009/07/interview-at-luarque-road-block.html
3.) teachers union members and radicalized students (often priviledged). Like anywhere, most of the Leftist college students won't stay radical once they grow up and learn of the real world.
Here is a great expose on the foolishness of the teachers union, who aren't all that concerned about the kids education
http://lagringasblogicito.blogspot.com/2009/08/honduran-teachers-czars-of-strikes.html

Freedom's Child| 8.12.09 @ 12:26AM

God bless the free, courageous people of Honduras! Long may they and their country live.

Down with the dirty dog dictator Hugo Chavez!

Jim| 8.12.09 @ 2:13PM

This post and the comments are hysterical in how uninformed they are. Calvin Tucker has this right - those of you claiming that Zelaya held a referendum on whether or not he could run for office again just DO NOT KNOW WHAT YOU ARE TALKING ABOUT. It does not matter what you think of Zelaya, Brian O'Connell's original post was in error, straight up. If the Spectator or Mr. O'Connell do not post some kind of retraction, that just reflects on the pitiful journalistic standards they have.

Basil Plumley| 8.12.09 @ 8:46PM

Kudos to Calvin Tucker and Jim--
You make allegations that you can not back.
Here's a hint ...... if you are saying there is evidence exonerating Zelaya, then post a link to the actual document. It's funny how Obama or SecState Clinton do not cite your documentation.

Don't just come here and spew a bunch of junk you can not document. K did a great job citing a bunch of evidence from sites beginning with http ....

You two came here with nothing more than arrogance and self-righteousness. You two ought to be embarrassed.

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