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Is the US hiding Zelaya in Honduras?

posted at 2:57 pm on September 21, 2009 by Ed Morrissey
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Here’s a strange story just breaking out of Tegucigalpa.  Former Honduran president Manuel Zelaya, deposed by a coordinated action between the parliament, the Supreme Court, and the army, claimed this afternoon to be back in the capital and at the UN compound.  Zelaya asked for his supporters to gather there to allow him to reclaim his post, and people have begun arriving.  The US confirmed that Zelaya was back in Tegucigalpa, but then the UN categorically denied Zelaya was inside their compound.

Is the US hiding Zelaya?

Deposed President Manuel Zelaya said Monday he has returned home to Honduras to reclaim his presidency, defying threats of arrest and summoning supporters.

While the State Department confirmed on Monday that Zelaya is in Honduras, his exact whereabouts were unclear, possibly in an attempt to avoid capture.

“I cannot give details, but I’m here,” Zelaya told the local TV Channel 36. His voice, but not his image, were transmitted.

He said initially that he was at the United Nations headquarters in his homeland, and Elisabeth Sierra, a spokeswoman for the Honduran Embassy in Nicaragua, where Zelaya had been exiled, reiterated the claim.

“He is in Honduras and calling the resistance to gather in front of the United Nations and protect the constitutional president of Honduras,” she said Monday.

But a spokeswoman at the U.N. offices in Tegucigalpa told The Associated Press he wasn’t there. “I have no idea where that story came from,” said spokeswoman Ana Elsy Mendoza. Nonetheless, Zelaya supporters were gathering outside the U.N. compound, said U.N. spokeswoman Michele Montas in New York.

Well, if the US knows he’s in Honduras and the UN says he’s not in their compound, then the US must either be hiding Zelaya or coordinating with another nation to do so.  The State Department needs to explain itself — soon.


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http://www.reuters.com/article/newsOne/idUSTRE58K3JY20090921

“TEGUCIGALPA (Reuters) – Ousted President Manuel Zelaya returned to Honduras on Monday almost three months after he was toppled in a coup, and took refuge in the Brazilian embassy in the capital to avoid arrest.

Reuters photographer Edgar Garrido saw Zelaya with aides and his wife in the embassy, and the leftist president gave media interviews from inside the building”

Asher on September 21, 2009 at 5:00 PM

maverick muse on September 21, 2009 at 4:46 PM

No doubt they betrayed the rule of law in Honduras. If they are complicit in bring him back, I believe it is an impeachable offense.

derft on September 21, 2009 at 5:04 PM

Cindy Munford
The Hondurans were glad to see Zelaya leave the country peacefully. Their government tried to give Zelaya a break, going free in exile rather than be imprisoned, tried for treason, and sentenced. Zelaya turned to Obama who immediately twisted everything backwards to confuse the Americans via his media monopoly.

The Honduran President Micheletti gave PJTV an exclusive interview following Zelaya’s vacation to Costa Rica.

Go to their site and search Honduras. The site is very informative.

maverick muse on September 21, 2009 at 5:09 PM

This Honduran parade in support for their Constitution, Pres. Micheletti, and their relief that Zelaya is gone should remind Americans what to expect from the media coverage (in case someone missed how the 9/12 Washington DC Protest was given the media shaft).

maverick muse on September 21, 2009 at 5:14 PM

No doubt they betrayed the rule of law in Honduras. If they are complicit in bring him back, I believe it is an impeachable offense.

derft on September 21, 2009 at 5:04 PM

“THEY” Obama administration?

“If they [Obama] are complicit in bring him [Zelaya] back”…

that would leave Obama open for official censure from the Honduran Government, and grounds to declare war if the Honduran Government would so choose (however, they don’t choose that).

Obama becoming the UN Chairman of Security Council shows just HOW FAR Obama loves to go presenting conflicts of interest in his presidency. It also proves that the UN has a deaf ear to Constitutional Governments around the world.

maverick muse on September 21, 2009 at 5:23 PM

The pictures here taken by reuters are probably legit. There are three flags behind the lady with the blue shirt could be the Honduran flag (Blue and White), The brazillian flag (Green,Yellow and blue) and I cant identify the yellow flag with stars.

AverageJoe on September 21, 2009 at 5:24 PM

Let’s see
1. Support Zelaya
2. Dumps missles in Poland
3. Talk of getting rid of our Nukes
4. The Russians aren’t going to pull back their missles
http://www.reuters.com/article/worldNews/idUSTRE58K12S20090921
5. Take over the Auto industry, the banking industry, the health care industry

Nothing to see here.
When is it a high crime and misdemeanor?

Dog bites on September 21, 2009 at 5:32 PM

OK… moot point now. Zelaya is in Brazillian Embassy as new reuters photos show him outside greeting onlookers.

AverageJoe on September 21, 2009 at 5:32 PM

Could Zelaya be hiding out in an undisclosed bunker on Soto Cano Air Base? Enquiring minds want to know!!!

c3ichief on September 21, 2009 at 6:06 PM

To any one of our lefties: Please explain the administration’s position on Honduras to me. It literally makes no sense, and I can’t come up with any kind of logical defense, either legal or moral.

BadgerHawk on September 21, 2009 at 3:01 PM
Let me step in….the Honduras constitution does not allow any changes, none, so Obama and company will say no “contract” is indefinite. The people have a right to change the constitution, and so this guy has a right to come back and force a change…simply because the left thinks anything can change, and a constitution is just a bunch of words that can be interpreted in many different ways.

right2bright on September 21, 2009 at 3:51 PM

This was a legal removal of a president that was in violation of the Honduran Constitution.
Zelaya’s actions over 5 months had been in blantant disregard for the Honduran Constitution, which he sought to rewrite, the Honduran Supreme Court, which he has undermined, the Honduran Congress, which he has tried to delegitimize, his own party that has resisted Hugo Chavez, and 72% of the Honduran public, that feel disenfranchised by Zelaya. This was not a coup. Zelaya was legally removed by the military at the request of the Honduran Congress and the Honduran Supreme Court that have the following two articles of the Honduran Constitution as the legal authority to do so

ARTICULO 239.- El ciudadano que haya desempeñado la titularidad del Poder Ejecutivo no podrá ser Presidente o Designado.
El que quebrante esta disposición o proponga su reforma, así como aquellos que lo apoyen directa o indirectamente, cesarán de inmediato en el desempeño de sus respectivos cargos, y quedarán inhabilitados por diez años para el ejercicio de toda función pública.
TRANSLATION Article 239 The citizen that has been the head of the Execute Branch cannot be President or Vice-President (again).
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.
ARTICULO 205.- Corresponden al Congreso Nacional las atribuciones siguientes:
15. Declarar si ha lugar o no a formación de causa contra el Presidente
20. Aprobar o improbar la conducta administrativa del Poder Ejecutivo, Poder Judicial y
TRANSLATION – Article 205 – Congress has the following authority:
15 To indict the President
20 To approve or disapprove of the administrative conduct of the Execurive Branch, …

The Republic of Honduras had the constutional right to remove Zelayas from office. It was not done without consideration of the constitution or without trying every other means available to them to avoid the drastic step of removing their presisent. It was no secret that Chavez was supporting Zalayas efforts to extend his presidency and why he would do so.

The military, which also has the role of a national police force, carried out the orders of the Hondarian Supreme Court and the Hondurian Congress and not without review of the law to insure that what they were doing under those orders was legal and called for.

The big questions are; Where in this does Obama see a coop and what interpertation is he applying to their constitutional laws? and a second question; Why is he supporting a legally removed presidents efforts to regain by rebellion the control of a country and establish a democratic (in name only) dictatatorship based on Chavez’s socailism which now grips Venezuela?

There is no definitive answer to those questions because Obama tries not to have direct involvement in anything that might be controversal. However, he did something unusal by getting personally involved with assisting the legally removed and exiled former president and supported then and now his being returned to power.

My opinion is that this hits close to home for him in some way. From his statements, he revels a disrequard of the authority of a constitution and its estabishment of the rule of law. He demonstrates support for the establisment of a socialist state replacing a democratic Republic and it can be assumed, with replacement of opposition in the manner that it was in Venezuela. It also shows the close relationship that Obama has with Chavez and his willingness to support his dictatorship.

With observance of his reaction or inaction to the Iranian election and recognistion with little requard to the question of legitimacy of the results of that election; there is the creation of even greater concern as to Obama’s potential intentions. Was he watching to see how they handled the disinfranchised voters rebellion? When the rebellion was put down, he was not hesitent to recognize the new governement with no concern of its legitmancy.

We have watched him nationalize industries and banks under the cover of saving them and all the while using the nationalzation to advance his control and support of his agenda. Most important on that agenda is his healthcare. Since 1944 the socilist and communist have been declaring that a nationalized healthcare system was the best way to destroy capitalism and replace it with socialism. They see the potential to gain control in this way because it is hard for a population to have healthcare and yet deny it to those that need it, but can not afford it. They have also said that once nationalized healthcare is in place, it has the ability to go everywhere eles within the government. This is the key reason that nationlized healthcare is crucial to Obama. It is the foundation that must be in place to build his socialism. Without it he will have a more difficult time. He will do anything to get at least some of it passed to open the door to passing the provisions that could not be passed earlier.

Chavez’s control of Venezuela, the Hondurian constitutional problem, the Iranian election rebellion could all be lessons for him in achieving his goals. With consideration to his narssissitic personality, those goals are more likely to be a retention of power rather than serveing eight years and retireing. Incase anyone has forgotten, Clinton had his lawyers look for a way that he could run and serve a third term. The Constitution stood in the way of him doing that. Clinton honored the law of the constitution, but will Obama do the same is the question and the answer leans more towards no than yes.

Franklyn on September 21, 2009 at 6:08 PM

Hmmmm.

So they do have diplomatic pouches that large after all.

CPT. Charles on September 21, 2009 at 6:13 PM

Franklyn on September 21, 2009 at 6:08 PM

I can’t argue your assessment, I just hope you are wrong.

right2bright on September 21, 2009 at 6:14 PM

He’s outside the embassy, but still inside the grounds apparently, so on Brazilian soil.

Wethal on September 21, 2009 at 6:28 PM

This was a legal removal of a president that was in violation of the Honduran Constitution.

Sort of like the actions of Obama and congress concerning our constitution.

Johan Klaus on September 21, 2009 at 6:38 PM

***
We don’t need no STEENKING CONSTITUTIONS as long as a Statist / Socialist / Communist presidente wants to do a Castro / Chavez takeover of his country. Just words on a piece of paper–signifying nothing.
***
Honduras gave Zelaya a pass to get out of the country. Possibly they need to apply a Che Guevera type of fix–or a Madame Defarge type of fix if he is found in the country. AL PARED!
***
John Bibb
***

rocketman on September 21, 2009 at 6:56 PM

I don’t think our military had anything to do with smuggling Zelaya back. Zelaya was probably smuggled in overland or oversea by either the Sandinistas or the Salvadoran FMLN. If not them there was always criminal organizations more than willing to smuggle Zelaya in.

There is a report in La Prensa that the US Embassy is reiterating support for the San Jose Accord as a way forward and is calling for calm.

Unfortunately for Honduras there will now be blood. (as early as tonight).

This is what Chavez and Obama want then this is what they will get.

04:44pm

Resistencia. Los simpatizantes del depuesto Presidente se mantienen a las afueras de la sede diplomática de Brasil en Honduras, se resisten a obedecer el toque de queda establecido por el gobierno.

Translation:
Resistance. Sympathizers of the deposed President are gathering outside the Brazilian diplomatic compound (embassy) in Honduras and are resisting the government

curfew.

04:41pm

Promesas. “Voy a restituirles sus derechos y sus salarios”, manifestó Zelaya a los manifestantes.

Translation:
Promises. “I will reinstate your rights and your salaries”, Zelaya exclaimed to his supporters.

04:35pm

Seguidores. Zelaya se encuentra con el grupo de seguidores que protestan en las calles y con los dirigentes populares que organizar la resistencia.

Translation.
Followers. Zelaya met with a group of followers that are/will be protesting in the streets and with their leftist leaders who will be organizing the resistance.

elduende on September 21, 2009 at 7:21 PM

6:27 pm Eastern

Update 4:27 p.m.: So much for Mel’s “peaceful dialogue.” Mel is on television screaming to a rabid crowd, “Fuera de los de la dictadura! Fuera! Fuera!” (”Out with those of the dictatorship! Out! Out!”) The crowd is still there despite the curfew. No military or police in view. He is speaking from the roof of the Brazilian Embassy.

http://lagringasblogicito.blogspot.com/2009/09/zelaya-says-he-is-in-honduras.html

elduende on September 21, 2009 at 7:25 PM

This is a leftist show for the UN meetings this week.

elduende on September 21, 2009 at 7:28 PM

This is a leftist show for the UN meetings this week.

elduende on September 21, 2009 at 7:28 PM

I think the foreign embassies are still Zelaya supporters. So I expect a big Obama hug for the Honduran UN ambassador this week.

Wethal on September 21, 2009 at 7:31 PM

I think the foreign embassies are still Zelaya supporters. So I expect a big Obama hug for the Honduran UN ambassador this week.

Wethal on September 21, 2009 at 7:31 PM

There’s been a quiet civil war in the Honduran diplomatic corps since Zelaya’s removal. Their embassy here was purged with State Dept connivance a couple of months ago because they stood with the new government. Zelaya put some leftist cronies there. Nevertheless, you’re right big hugs and smiles all around.

elduende on September 21, 2009 at 7:35 PM

Update 5:15 p.m.: President Micheletti just gave a televised speech to the public reassuring everyone that calm, law, and order prevail in the country and the return of Zelaya will not change that. Constitutional order will continue in Honduras. He said that Zelaya is here to try to sabotage elections and that he must be judged for his crimes. He asked the Brazilian Embassy to turn over former president Zelaya to authorities.

http://lagringasblogicito.blogspot.com/2009/09/zelaya-says-he-is-in-honduras.html

elduende on September 21, 2009 at 8:03 PM

Honduras will hold Brazil responsible for any violence that Zelaya foments. – Honduran government communique. 5 minutes ago

elduende on September 21, 2009 at 8:04 PM

Googling the US and Brazilian Embassy in Tegucigalpa, Honduras you find that they appear to be about 1500 feet from eachother.

sjramos on September 21, 2009 at 10:33 PM

AAAAAAAAAAAAAAUUUUUUUUUUUUUUUUUUUGGGGGGGGGGGGGHHHHHHHHHH

I mean, what the Hell. Really, what the Hell.

If Obama did have a hand in this, I hope he goes to prison. I don’t care if it waits until after he’s out of office, and I know it won’t happen, but for crying out loud.

And I love how the bootlicking, corrupt MSM keeps calling the REVERSAL of a coup a “coup” just because Their Man in Washington supports the crook.

If the left EVER fails to pick the wrong side in a fight, I’ll probably stroke out.

Merovign on September 21, 2009 at 10:46 PM

Moments ago: A general strike is being called for by the Marxist unions for tmmw and the Honduran Government just declared an all day curfew tmmw extending this evenings curfew. Tmmw will be a day of violence. Its what Obama and Chavez wanted in order to railroad Honduras in the UN this week.

elduende on September 21, 2009 at 10:26 PM

elduende on September 21, 2009 at 10:56 PM

The lights have gone out (been cut? sabotaged?)to large parts of Tegucigalpa tonight as Zelaya whips his supporters into a frenzy from the Brazilian Embassy. The Hondurans have demanded that Brazil turn Zelaya over to face criminal charges. The Honduran government has said that if Zelaya steps outside the Embassy he will be arrested immediately.

Many nations are worried about violence and hope Zelaya will not be harmed. Chavez and Hilary Clinton have called for Honduras to surrender to Zelaya. The Honduran military legislature, and Supreme Court have reiterated their support of the Honduran Constitution. Chavez has said his Bolovarian alliance will be pressuring the Hondurans. Zelaya is fomenting violence.

elduende on September 21, 2009 at 10:12 PM

elduende on September 21, 2009 at 10:57 PM

What do the people want?

WyoMike on September 21, 2009 at 11:05 PM

elduende
thank you for your posts

batterup on September 21, 2009 at 11:06 PM

What do the people want?

WyoMike on September 21, 2009 at 11:05 PM

They should hold elections. Oh wait, they are and Obama said he will not recognize them. Looks like Obama and Chavez don’t care as long as their Marxist isn’t in power.

elduende on September 21, 2009 at 11:06 PM

batterup on September 21, 2009 at 11:06 PM

Thanks. As long as one person is reading about this it is worthwhile.

elduende on September 21, 2009 at 11:17 PM

El presidente interino Roberto Micheletti dijo que mañana pedirá a Brasil dé asilo o entregue a Manuel Zelaya para ser juzgado #Hondurasless than 20 seconds ago from web

Interim President Roberto Micheletti has said that he will formally ask Brazil to either give Zelaya asylum or turn him over to be tried.

http://twitter.com/diarioelheraldo

elduende on September 21, 2009 at 11:22 PM

I hope that, if he’s really there, the government of Honduras solves the problem by shooting the bastard, and then hanging him from a street light.

Greg Q on September 21, 2009 at 11:34 PM

4) Rumor has it: At the US Embassy in Tegucigalpa, after the US condemned Honduras with sanctions, visa denials etc, in a staff meeting with all the employees, the Honduran workers all wore white but said nothing. This greatly angered the US officials, who called another meeting to discuss this ‘incident’.

5) Thomas Shannon of the US State Department was told in February 2006 that Mel Zelaya was going to try to stay in power with the help of Hugo Chávez. Rumor has it his response was basically, “live with it.”

http://lagringasblogicito.blogspot.com/2009/09/super-sunday-honduras-rumors.html

elduende on September 21, 2009 at 11:47 PM

Washington Post
By Roberto Micheletti
Tuesday, September 22, 2009

My country is in an unusual position this week. Former president Manuel Zelaya has surreptitiously returned to Honduras, still claiming to be the country’s legitimate leader, despite the fact that a constitutional succession took place on June 28. Amid all of the claims that are likely to be made in coming days, the former president will not mention that the people of Honduras have moved on since the events of that day or that our citizens are looking forward to free, fair and transparent elections on Nov. 29.

The international community has wrongfully condemned the events of June 28 and mistakenly labeled our country as undemocratic. I must respectfully disagree. As the true story slowly emerges, there is a growing sense that what happened in Honduras that day was not without merit. On June 28, the Honduran Supreme Court issued an arrest warrant for Zelaya for his blatant violations of our constitution, which marked the end of his presidency. To this day, an overwhelming majority of Hondurans support the actions that ensured the respect of the rule of law in our country.

Underlying all the rhetoric about a military overthrow are facts. Simply put, coups do not leave civilians in control over the armed forces, as is the case in Honduras today. Neither do they allow the independent functioning of democratic institutions − the courts, the attorney general’s office, the electoral tribunal. Nor do they maintain a respect for the separation of powers. In Honduras, the judicial, legislative and executive branches are all fully functioning and led by civilian authorities.

Coups do not allow freedom of assembly, either. They do not guarantee freedom of the press, much less a respect for human rights. In Honduras, these freedoms remain intact and vibrant. And on Nov. 29 our country plans to hold the ultimate civic exercise of any democracy: a free and open presidential election.

Although much of the international community disagrees with our past actions, we can all agree on the necessity of ensuring Honduras’s full commitment to the electoral process. Our citizens believe that the upcoming presidential election is the best way to guarantee peace and democracy. While the election will take place in little more than 60 days, the electoral process has been underway for some time. The election is being convened by an autonomous body, the Supreme Electoral Tribunal, whose magistrates were selected by Congress in early 2009 and ratified by then-President Zelaya. The autonomous body began the electoral process with presidential primary elections − which were supervised by the Organization of American States − in 2008 also during Zelaya’s tenure. The upcoming election will include Honduras’s first independent presidential candidate − a rarity in all of Latin America.

The winner of the November election will take office as president of Honduras in January 2010. At that moment my transitional administration will cease, and the newly sworn-in president will hold all the authority vested to him by our country’s constitution.

Our whole country − whether members of political parties, youths, students or members of civil society, government, parental organizations or private businesses − is committed to guaranteeing transparent elections. Voter turnout will be a constitutional expression of self-determination and a demonstration of national sovereignty. The Supreme Electoral Tribunal has invited independent observers from around the globe to observe our voting process. Our country is open to the world. All organizations − churches, universities, think tanks, nongovernmental organizations − that wish to witness firsthand this great exercise of self-determination and democracy are welcome.

We are, of course, disappointed with the position of the United States and the European Union, both longtime friends. We look forward to continuing dialogue with the United States, the European Union and the rest of the international community to prove our commitment to democracy and the Honduran people’s love of freedom. Coercive action directed at our nation will only harm less fortunate Hondurans, whose hospitals, schools, roads and other institutions rely greatly on our friends’ generous assistance, for which all of our citizens are immensely grateful.

I have said from the moment I was sworn in as president of Honduras that I do not intend to remain in office one second more than what our constitution mandates. On Jan. 27 I will hand over leadership responsibilities to the ninth president of our 27-year-old democracy. Such actions are in keeping with the desire of the majority of our people: the strengthening of our democracy.

The writer is president of Honduras.

elduende on September 22, 2009 at 1:25 AM

elduende, have you heard anymore? Is the strike on?

lovingmyUSA on September 22, 2009 at 8:25 AM

I am not in the military, but have always wondered, especially recently, what if the military is given orders they know are absolutely against the Constitution? Say, helping get a legally ousted President back into the country that ousted him (legally). Surely, there are some safeguards for this kind of situation.

truetexan on September 21, 2009 at 3:26 PM

Here’s the “reality” of the Un-Constitutional order …

Every member of the armed forces has a DUTY to disregard illegal orders. If someone orders you to kill a five year old non-combatant then that is a blantantly unlawful order and you should not obey it. I feel pretty certain all military courts would find in your favor. I’m not totally sure the guy who gave you the order would allow you to return to the base alive if you disobeyed him though.

But, beyond that kind of blantant, obviously unlawful order – most of everything else is a “judgement” call. In my opinion, it is not unlawful for an officer to “order” you to escort a deposed marxist dictator back into his position of power. It’s a completely destestible act – but not unlawful – which is why I stated that I’m glad I’m no longer in the military to receive such an “order”.

If someone had asked me to escort this dictator – then I would have thought long and hard about disobeying the order. I’d go to jail if I did disobey it. However, I used to teach “Core Values” to Sailors and I used to tell them in those classes – “very often … Doing the ‘right’ thing will result in hardship to you, and perhaps your family”. That is reality. Sometimes it’s just thrown in your lap – and you have no choice – do the right thing and suffer, or go along with the situation and poison your soul.

If I watch a mobster gun down an innocent kid – you’d better believe I’m going to testify against him. This, of course, is going to place not only me, but my whole family in danger.

If I watch a mobster gun down another mobster – I’m not really sure I want to get involved in that by testifying.

So it’s a judgement call. I cannot live knowing that a mobster killed a kid and I did nothing to put him behind bars. I would have no problem sleeping at night letting one off the hook who killed another criminal.

Right and Wrong – aren’t always cut and dry.

HondaV65 on September 22, 2009 at 8:42 AM

BreakingNewsThe military has surrounded the Brazilian embassy where ousted president Zelaya took refuge after his return to Honduras.

mpoppelWTF RT @RodrigoBNO: Trying to confirm reports that say the military is storming the Brazilian embassy in Tegucigalpa.

From Twitter a few minutes ago.

mimi1220 on September 22, 2009 at 9:28 AM

Mpoppel has now stated that 2 are dead outside the Brazilian Embassy.

mimi1220 on September 22, 2009 at 9:33 AM

Thanks. As long as one person is reading about this it is worthwhile.

elduende on September 21, 2009 at 11:17 PM

More than one. Keep posting.

Oldnuke on September 22, 2009 at 9:59 AM

I don’t really get this story at all, so I’ll not comment. I’m still trying to figure out why the administration would announce the no missle defense contract on the anniversary of the Poles.

I just can’t grasp why.

AnninCA on September 21, 2009 at 3:14 PM

PUTIN.

NJ Red on September 22, 2009 at 11:21 AM

This is an easy fix. Give Brazil 72 hours to remove their embassy personnel and shut the doors. Once he comes out or they leave. Bingo….A great public trial!

sargentj on September 22, 2009 at 11:45 AM

I am not in the military, but have always wondered, especially recently, what if the military is given orders they know are absolutely against the Constitution? Say, helping get a legally ousted President back into the country that ousted him (legally). Surely, there are some safeguards for this kind of situation.

truetexan on September 21, 2009 at 3:26 PM

It was stated that it must be a legal order but a soldier can stand on the ground of a moral order as well. There has been many case laws in the Uniform Code of Military Justice in which a soldier having refused an immoral or illegal order has been found innocent by a jury of his peers. The key for a soldier is that if you feel an order is immoral or illegal you request it in writing, if the officer or non-commissioned officer refuses to place that order in writing you get a witness. A soldier MUST report an order that is immoral or illegal to a higher officer immediately. Read the oath very closely, it only states that a soldier must protect the constitution, and follow orders under regulations. I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God

sargentj on September 22, 2009 at 11:50 AM

It was stated that it must be a legal order but a soldier can stand on the ground of a moral order as well. There has been many case laws in the Uniform Code of Military Justice in which a soldier having refused an immoral or illegal order has been found innocent by a jury of his peers. The key for a soldier is that if you feel an order is immoral or illegal you request it in writing, if the officer or non-commissioned officer refuses to place that order in writing you get a witness. A soldier MUST report an order that is immoral or illegal to a higher officer immediately. Read the oath very closely, it only states that a soldier must protect the constitution, and follow orders under regulations.

This circumstance is a “catch-22″ exercise to a large extent.

After refusing to obey an order (legal, lawful, or not), the soldier will be charged with disobeying a direct order. The military does not allow the rank and file to make determinations of legality or lawfulness of an order.

If the soldier chooses a courts-martial over NJP, the court may find the order unlawful, thereby exonerating the soldier. That, however, is a very steep hill to climb.

Consider this:

1. You’re an infantryman standing in the street of a small town after engaging in combat for several hours. Your CO orders you to shoot what appears (in your mind) to be a young female (pre-teen) riding a bike towards you. You refuse based on this information.

2. You’re an Air Force Major. You are on duty in a MinuteMan silo in South Dakota. You receive orders to launch your missile via normal and validated procedures. You refuse because you don’t believe the order is valid.

3. Your platoon sergeant orders you to wash his car.

Which of these cases has a defense for dis-obeying an order?

BobMbx on September 22, 2009 at 12:30 PM

What on Earth is Hillary thinking here? Our foreign policies are in shambles. Am I wrong?

FireBlogger on September 22, 2009 at 12:34 PM

Conflicting reports from Honduras Twitter feed. Honduran police have dispersed the pro-Mel crowd outside of Brazil embassy with tear gas and has surrounded the embassy grounds. They are blasting the embassy with loud recordings of the Honduran National song. Some say that troops have stormed the embassy, others say not true. Power cut. Communications cut.

AverageJoe on September 22, 2009 at 1:21 PM

Reported quote from Sec-State Clinton:

[Zelaya's] surprise return to Honduras offers an opportunity to end the country’s political crisis.

Now that President Zelaya is back it would be opportune to restore him to his position under appropriate circumstances, get on with the election that is currently scheduled for November, have a peaceful transition of presidential authority and get Honduras back to constitutional and democratic order.

Translation: Since he’s back in Honduras, might as well make him president again. There is just too much wrong with this statement.

Also, it is not quite what Clinton said when Zelaya tried to fly back, then set up a border crossing from Nicaragua. Then it was “reckless”.

AverageJoe on September 22, 2009 at 2:34 PM

So looking forward to the thread on Pres. Micheletti. What a marvelous piece he wrote on behalf of Honduras moving forward in the WaPo.

maverick muse on September 22, 2009 at 3:14 PM

elduende, HotAir management should let you lead the next Honduran thread, as you’re the local expert.

Interim President Roberto Micheletti has said that he will formally ask Brazil to either give Zelaya asylum or turn him over to be tried.

http://twitter.com/diarioelheraldo

elduende on September 21, 2009 at 11:22 PM

That’s what I was going to ask, to be sure that the Honduran Constitutional Government will take Zelaya to task in court ASAP. We know they sent him on Vacation in exile in order to all the people to handle the transition without him there creating violence, which is why he has returned. If Zelaya refuses to face his trial prior to the election, it would even behoove the Honduran government to try Zelaya in absentia rather than allow him to corrupt the constitutional election process, complicated by his campaign to own Honduras. If/when Zelaya’s found guilty, it would be better determined by the court before the election.

On the basis of morality, the international community must censure Brazil for protruding into Honduran affairs while they in Brazil have so much turmoil of their own. (I know it won’t happen; that doesn’t excuse the onlookers craven disregard for what is right.) The Brazilian government persecutes their own poverty stricken populations, incapable of dealing with the crime waves in their own slums. Who is Brazil to play puppet master with Hondurans, to try toppling the Honduran government and the peaceful though very hard existence of even the poor in Honduras. Other than for the love of Marx, it would involve the illicit drug trade that absolutely involves the Brazilian government officials.

maverick muse on September 22, 2009 at 3:44 PM

maverick muse on September 22, 2009 at 3:44 PM

More than one. Keep posting.

Oldnuke on September 22, 2009 at 9:59 AM

lovingmyUSA on September 22, 2009 at 8:25 AM

Thanks. and sorry I didn’t have a chance to post during the day today. Allah has opened another Honduras thread and I’ll be posting info there.

elduende on September 22, 2009 at 7:47 PM

Where things stand down there as far as I know.

Micheletti formally requested that the government of Brazil either turn over Zelaya to Honduran authorities or give him amnesty and take him out of the country.

Brazil has refused.

Zelaya has been whipping up his supporters into a frenzy via cel phone and the Venezuelan television station TeleSur.

There have been mass arrests of Marxist Zelaya supporters that responded to his calls to violate the 26 hour curfew.

The Brazilian Embassy is now surrounded. Water, Electricity, and Telephone lines have been cut off. The security forces today cleared the area of Zelaya supporters and cordoned it off. The military brought in and have begun using a non lethal directed sonic weapon/device that makes the embassy almost untenable.

The embassy has about 300 Brazilian diplomats, Zelaya supporters and leftist journalists inside. They have a generator but are running low on supplies. They say they have 5 children inside the embassy but have not asked to let them out instead using them as shields.

The US Embassy has asked what it can do to help relieve the Brazilian embassy which is apperantly 1500 feet away.

Why is Obama offering assistance to Zelaya, Chavez, and Lula da Silva?

elduende on September 22, 2009 at 8:15 PM

batterup on September 21, 2009 at 11:06 PM

You are being played. Don’t count on any info from someone with an agenda. Their facts are stretched to distortion. Search around the web yourself and you’ll see what I mean.
Here is 1 example.

Bill Blizzard on September 22, 2009 at 9:14 PM

Children as shields, all they are missing is the Green Helmet guy.

Is this web site news correct?

batterup on September 22, 2009 at 9:24 PM

Honduras had better kick ass and take names. They can show Obambi what real men are like.

Mojave Mark on September 22, 2009 at 9:37 PM

Bill Blizzard on September 22, 2009 at 9:14 PM

No idea what you are trying to say – what is elduende’s agenda?

Nothing personal but – not clicking on unfamiliar links, from unfamiliar posters I had to deal with a nasty trojan from doing that from a link posted on HA – you’ll have to explain yourself.

batterup on September 22, 2009 at 9:47 PM

Bill Blizzard on September 22, 2009 at 9:14 PM

Right. go ahead and listen to this Marxist apologist and their “facts” they are not “distorted”. ROTFLMAO!

batterup on September 22, 2009 at 9:47 PM

Decide for yourself. This is a conservative website Chavez, Obama, and Zelaya and their authoritarianism will get no succor from me.

elduende on September 23, 2009 at 1:12 AM

Counterpunch describes itself as…

“muckraking with a radical attitude”.

“Muckraking leftist newsletter…”

publishes articles from those with left-wing views, such as Lenni Brenner, Fidel Castro, and the late Stew Albert, as well as newer contributors, such as Diane Christian, Joshua Frank, Norman Finkelstein, Ron Jacobs, Pam Martens, Gary Leupp, Cynthia McKinney.

charging CounterPunch of being biased against Israel and anti-semitic

by all means this looks like a real unbiased source of “news” from Honduras. ROTFLMAO!

elduende on September 23, 2009 at 1:20 AM

Is this web site news correct?

batterup on September 22, 2009 at 9:24 PM

great website!

elduende on September 23, 2009 at 1:28 AM

Neither the the Vienna Convention on Consular Relations, nor Vienna Convention on Diplomatic Relations, nor the Vienna Convention on the Law of Treaties, gives the Brazilian Embassy in Tegucigalpa any right to immunity on this issue. Brazil, by allowing Zelaya to foment violence from their embassy in Honduras, could be seen as participating in an act of war against Honduras.

The Honduran government is well within its rights to use force to enter the Brazilian Embassy and take Zelaya into custody.

elduende on September 23, 2009 at 2:02 AM

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