CRS disputes Hillary's Honduras claims

Mary Anastasia O'Grady:

"The Supreme Court of Honduras has constitutional and statutory authority to hear cases against the President of the Republic and many other high officers of the State, to adjudicate and enforce judgments, and to request the assistance of the public forces to enforce its rulings."

—Congressional Research Service, August 2009

Ever since Manuel Zelaya was removed from the Honduran presidency by that country's Supreme Court and Congress on June 28 for violations of the constitution, the Obama administration has insisted, without any legal basis, that the incident amounts to a "coup d'état" and must be reversed. President Obama has dealt harshly with Honduras, and Americans have been asked to trust their president's proclamations.

Now a report filed at the Library of Congress by the Congressional Research Service (CRS) provides what the administration has not offered, a serious legal review of the facts. "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," writes CRS senior foreign law specialist Norma C. Gutierrez in her report.

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?

...

The Obama administration's Honduras policy is a disgrace. It is indefensible. Perhaps that is why they issue dictates rather than answer questions about their abuse of the rule of law in Honduras. Congress is going to have to act to stop this abuse. Sen. Jim DeMint has been standing up to the administration by stopping the appointments of a couple of diplomats. We need other senators to help stop this travesty of a policy.

The Washington Times also discusses the administrations attempts to thwart democracy in Honduras.

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