Senator DeMint's Honduras Analysis

Via the Wall Street Journal:

What I Heard in Honduras

Our ambassador is the only person I met there who thinks there was a 'coup.'

By JIM DEMINT

Tegucigalpa

In the last three months, much has been made of a supposed military "coup" that whisked former Honduran President Manuel Zelaya from power and the supposed chaos it has created.

After visiting Tegucigalpa last week and meeting with a cross section of leaders from Honduras's government, business community, and civil society, I can report there is no chaos there. There is, however, chaos to spare in the Obama administration's policy toward our poor and loyal allies in Honduras.

That policy was set in a snap decision the day Mr. Zelaya was removed from office, without a full assessment of either the facts or reliable legal analysis of the constitutional provisions at issue. Three months later, it remains in force, despite mounting evidence of its moral and legal incoherence.

While in Honduras, I spoke to dozens of Hondurans, from nonpartisan members of civil society to former Zelaya political allies, from Supreme Court judges to presidential candidates and even personal friends of Mr. Zelaya. Each relayed stories of a man changed and corrupted by power. The evidence of Mr. Zelaya's abuses of presidential power—and his illegal attempts to rewrite the Honduran Constitution, a la Hugo Chávez—is not only overwhelming but uncontroverted.

As all strong democracies do after cleansing themselves of usurpers, Honduras has moved on.

The presidential election is on schedule for Nov. 29. Under Honduras's one-term-limit, Mr. Zelaya could not have sought re-election anyway. Current President Roberto Micheletti—who was installed after Mr. Zelaya's removal, per the Honduran Constitution—is not on the ballot either. The presidential candidates were nominated in primary elections almost a year ago, and all of them—including Mr. Zelaya's former vice president—expect the elections to be free, fair and transparent, as has every Honduran election for a generation.

Indeed, the desire to move beyond the Zelaya era was almost universal in our meetings. Almost.
In a day packed with meetings, we met only one person in Honduras who opposed Mr. Zelaya's ouster, who wishes his return, and who mystifyingly rejects the legitimacy of the November elections: U.S. Ambassador Hugo Llorens.

When I asked Ambassador Llorens why the U.S. government insists on labeling what appears to the entire country to be the constitutional removal of Mr. Zelaya a "coup," he urged me to read the legal opinion drafted by the State Department's top lawyer, Harold Koh. As it happens, I have asked to see Mr. Koh's report before and since my trip, but all requests to publicly disclose it have been denied.

On the other hand, the only thorough examination of the facts to date—conducted by a senior analyst at the Law Library of Congress—confirms the legality and constitutionality of Mr. Zelaya's ouster. (It's on the Internet here)

Unlike the Obama administration's snap decision after June 28, the Law Library report is grounded in the facts of the case and the intricacies of Honduran constitutional law. So persuasive is the report that after its release, the New Republic's James Kirchick concluded in an Oct. 3 article that President Obama's hastily decided Honduras policy is now "a mistake in search of a rationale."

The Hondurans I met agree. All everyone seemed to want was a chance to make their case, or at least an independent review of the facts.

So far, the Obama administration has ignored these requests and instead has repeatedly doubled down. It's revoked the U.S. travel visas of President Micheletti, his government and private citizens, and refuses to talk to the government in Tegucigalpa. It's frozen desperately needed financial assistance to one of the poorest and friendliest U.S. allies in the region. It won't release the legal basis for its insistence on Mr. Zelaya's restoration to power. Nor has it explained why it's setting aside America's longstanding policy of supporting free elections to settle these kinds of disputes.

But these elections are the only way out—a fact even the Obama administration must see. The Honduran constitution prohibits Zelaya's return to power. The election date is set by law for Nov. 29. The elections will be monitored by international observers and overseen by an apolitical body, the Supreme Electoral Tribunal, whose impartiality and independence has been roundly praised, even by Ambassador Llorens.

America's Founding Fathers—like the framers of Honduras's own constitution—believed strong institutions were necessary to defend freedom and democracy from the ambitions of would-be tyrants and dictators. Faced by Mr. Zelaya's attempted usurpations, the institutions of Honduran democracy performed as designed, and as our own Founding Fathers would have hoped.

Hondurans are therefore left scratching their heads. They know why Hugo Chávez, Daniel Ortega and the Castro brothers oppose free elections and the removal of would-be dictators, but they can't understand why the Obama administration does.

They're not the only ones.

Mr. DeMint, a Republican senator from South Carolina, is a member of the Senate Foreign Relations Committee.