So it comes down to this. The adviser to the State Department, Harold Koh, (whose appointment conservatives so feared and opposed), appears to be the man behind the Obama administration’s bizarre policy against Honduras.
Senator Jim DeMint writes about his recent trip to Honduras in an oped in The WSJ, today:
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 .)
In truth, it was immediately apparent to even the casual observer, that Honduras had acted legally and constitutionally in removing Chavez acolyte, Zelaya from office, but as Andrew McCarthy points out, the constitution of Honduras doesn’t matter to a “transnationalist” like Harold Koh:
As Ed Whelan and I pointed out when Koh was up for confirmation, the former Yale Law School dean is the nation’s leading transnationalist. He has zero respect for national constitutions (including ours), preferring a post-sovereign order in which international law profs, transnational organizations, and free-lancing judges will be our overlords. What is happening with Honduras is exactly what anyone who familiarized himself with Koh’s record would have predicted. Yet, he was confirmed by a 62-35 margin, with support from the usual GOP suspects: Lugar, Voinovich, Snowe, Collins, and Martinez.
Will these Republicans who helped foist Koh on us now join others demanding that President Transparency release Koh’s legal opinion on Honduras?
“international law profs, transnational organizations, and free-lancing judges will be our overlords”…..
Hat tip: Hot Air
Johnathon Adler of the Volokh Conspiracy, says:
The Honduran government has made numerous missteps, from forcibly removing Zelaya from the country to restricting press freedoms, but I have yet to see a legal analysis to plausibly explain how Zelaya’s removal from office (as opposed to his forced exile) was illegal or unconstitutional, and I have seen no analysis, legal or otherwise, that explains why the already scheduled November elections should not proceed as planned. Yet Harold Koh is quite smart — and I readily admit he knows far more about this subject than I ever will. So if he has an analysis that would support the Administration’s otherwise-implausible position, let’s see it. If not, then the U.S. government should let Honduras determine the course of their own affairs.