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Honduras' non-coup

Under the country's Constitution, the ouster of President Manuel Zelaya was legal.

July 10, 2009|Miguel A. Estrada, Miguel A. Estrada is a partner at the Washington office of Gibson, Dunn & Crutcher. A native of Honduras, he was a member of the official U.S. delegation to President Zelaya's 2006 inauguration.

It cannot be right to call this a "coup." Micheletti was lawfully made president by the country's elected Congress. The president is a civilian. The Honduran Congress and courts continue to function as before. The armed forces are under civilian control. The elections scheduled for November are still scheduled for November. Indeed, after reviewing the Constitution and consulting with the Supreme Court, the Congress and the electoral tribunal, respected Cardinal Oscar Andres Rodriguez Maradiaga recently stated that the only possible conclusion is that Zelaya had lawfully been ousted under Article 239 before he was arrested, and that democracy in Honduras continues fully to operate in accordance with law. All Honduran bishops joined Rodriguez in this pronouncement.


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True, Zelaya should not have been arbitrarily exiled from his homeland. That, however, does not mean he must be reinstalled as president of Honduras. It merely makes him an indicted private citizen with a meritorious immigration beef against his country.

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