Honduras's Non-Coup Coup

When is a “coup” not a coup? When the transfer of power occurs in accordance with the methods set out by the laws of the country in question.

In this case, the country is Honduras and as Miguel Estrada points out, this is exactly what occurred in that country when the military removed President Manuel Zeleya from power.

The Honduran Constitution limits what parts of the Constitution can be amended. The Constitution can never be amended to change the countries boarders, change the rule than limits a president to one four-year term, or change the requirement that presidential administrations succeed each other in a republican form of government.

This brings us to the actions of President Zeleya. President Zelaya had almost finished his four-year term in office. He called for referendum to replace the current Honduran Constitution with an entirely new one. The only reason for doing so was to get around the Constitutional limit on his ability to run for a second term, and to get around the Constitutional prohibition on amending that section of the Honduran Constitution.

That triggered other sections of the Honduran Constitution (Article 239 and Article 4). Article 239 states that any president the even proposes the permissibility of reelection must immediately cease his duties as president. Zelaya's actions were grounds for automatic removal from office. Article 4 states that any infraction of the succession rules constitutes an ac of treason.

It is also important to note that only a referendum approved by the Honduran Congress, by two-thirds majority, can be put to a vote by the public. The Honduran Congress turned down Zeleya's referendum. Zelaya attempted to get his referendum voted on despite being voted down by the Congress, calling it an “opinion survey”. The Honduran Supreme Court ruled this illegal. Zelaya than instructed the Army to hand out his survey despite this ruling. When the head of the armed forces refused, Zelaya fired him.

When the ballots were imported from Venezuela (they were printed by Zelaya's leftist buddy, Hugo Chavez) and impounded by customs, Zelaya gathered a group of supporters and led them to gather the impounded, illegal ballots.

The Honduran Attorney General went to the Supreme Court and obtained a warrant for Zeleya's arrest for treason and abuse of power. The court also ordered the army to arrest Zelaya. Under section 272 of the Honduran Constitution, the army must enforce compliance with the Constitution, especially in regards to presidential succession.

Basically, the Honduran Constitution states that what Zelaya did in attempting to change the rules so that he could continue as Honduras's president, constituted an act to overthrow the Constitutionally constructed government of that country. Otherwise known as a coup.

Yes, there was an attempted coup, but Zelaya was the one responsible for it, not the victim.

The Honduran Congress convened after Zelaya's arrest and removal from office and named Micheletti as president until the end of Zelaya's term. (Basically, until the president elected after this November's election is sworn in.) Zelaya's Vice-President has resigned in order to run for President, leaving Micheletti as the next in line.

Zelaya was removed from office in accordance with the law. His successor was named in accordance with the law as well. This is not a coup.

There is only one event that occurred that was not in keeping with the laws of Honduras. That was Zelaya's force exile. Zelaya's exile was done to prevent any violence by him and his supporters. In exiling Zelaya instead of having him tried for his crimes, the army was actually doing him a favor. In most countries, treason is punishable by death.