Part 2: Mel fought the law, and the law won

November 27th 2005: Mr. Manuel Zelaya a member of the Liberal Party of Honduras wins the elections with a majority of the votes and is democratically elected as President of Honduras.

January 27th 2006: Mr. Manuel Zelaya assumes office and before a crowd of over 50,000 and millions watching on TV says; “I swear to be loyal to the Republic of Honduras, and to fulfill and make fulfill the Constitution and its laws” (Article 322 of the Constitution). That same day he also announces his intent to create a secondary law called Power of the Citizens (Poder Ciudadano), a law which seeks to create a more participative democracy.

February 2006-June 2009: Over a three year span President Manuel Zelaya refuses to ratify or veto more than 96 bills sent by the National Congress. He begins to delegitimize, confront and isolate the National Congress.

August 3rd 2008: Mr. Rasel Tome, Director of the National Commission of Telecommunications (CONATEL) awards the frequency of channel 8 to the state; ignoring a Supreme Court ruling of May 2007 which had given Teleunsa, owned by businessman Elias Asfura, the right of frequency and usage of channel 8. The government of Mr. Zelaya needs the frequency of channel 8 to emulate other governments such as Venezuela and Nicaragua who also have the same frequency (channel 8), and use it to diffuse their ideals of Socialism of the 21st century.

August 25th 2008: President Manuel Zelaya formalizes his alliance with President Hugo Chavez of Venezuela by incorporating the Republic of Honduras into the Bolivarian Alliance for the Americas (ALBA). In front of the Presidential Palace, and with the attendance of presidents Hugo Chavez of Venezuela, Daniel Ortega of Nicaragua and Evo Morales of Bolivia, he delivers a speech in which he says, “Some have said that it is dangerous to speak of a left center government, if they don’t like the center part of it, they can remove it.”

September 15th 2008: President Manuel Zelaya and Secretary of Finance Rebecca Santos fail to submit to the National Congress a National Budget for the fiscal year of 2009. Disregarding article 367 of the Constitution of Honduras which states: “The National Budget must be submitted by the Executive Branch to the National Congress within the first 15 days of the month of September of each year.”

October 2008: Without a national budget the Executive Branch proceeds to install the first ever state run TV channel, channel 8, called the Channel of the Power of the Citizens (El Canal del Poder Ciudadano). The channel begins to promote President Manuel Zelaya’s personal agenda.

March 23rd 2009: Channel 8, the state run channel created by Mr. Manuel Zelaya, begins a 24/7 campaign promoting the Project of the Fourth Ballot. It starts a massive nationwide campaign aimed at encouraging the general population to support Mr. Zelaya’s project for a Fourth Ballot Box (Proyecto de la Cuarta Urna). Television commercials are aired on all major channels; the source of the funds for this publicity campaign is unknown.

March 24th 2009: By issuing Presidential decree PCM-05-2009 President Manuel Zelaya calls for an electoral vote to be held on June 28th 2009, called Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), with the goal of installing a fourth ballot box during the General Elections of November 29, 2009. The question to be voted on was as follows: Do you agree that in the General Elections of 2009, a fourth ballot box be installed to decide on the creation of a National Constituent Assembly to draft a new Political Constitution? Yes or No? The Presidential Decree assigned the task of this electoral vote to the National Institute of Statistics (Instituto Nacional de Estadisticas). President Zelaya claims the electoral vote is not legally binding. Many confirm their fears that President Zelaya seeks to extend his presidential term by calling for a new constitution.

Note: For a law passed by the National Congress or a Presidential Decree issued by the President to be considered legal and in full effect it must first be published in the Official Journal The Gazette (Dario Oficial La Gaceta). Mr. Zelaya purposely and deliberately chose not to publish Presidential Decrees PCM-05-2009 and PCM-19-2009 to avoid criminal prosecution by the competent authorities.

March 24th 2009: When asked by the media if the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) seeks to extend his term, President Zelaya responds, “I believe in a democracy and the question has to be asked to the people. It is they who have to answer, no one else.”

March 25th 2009: The District Attorney’s Office holds a press conference in which it warns the Executive Branch of the Illegality of the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), stating that Presidential decree PCM-05-2009 is fictitious, illegal and unconstitutional. It warns that “...all public officials who participate in this project will be subject to a penal and criminal investigation. Neither the Constitution nor its laws grant the President the faculty to conduct any kind of electoral vote, a right reserved exclusively to the Supreme Electoral Tribunal (Tribunal Supremo Electoral).

March 25th 2009: The President of Honduras Manuel Zelaya responds by saying, “The project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) will continue and no one can stop it”, a phrase he would reiterate numerous times. May 2009: President Manuel Zelaya orders all 17 members of his Cabinet to travel across the country to promote the project for the Fourth Ballot Box (Proyecto de la Cuarta Urna), choosing to ignore the 7.1 earthquake that hit the north coast of Honduras, and the rise in confirmed cases of Swine Flu.

May 4th 2009: The Executive Branch and the Secretary of Finance Ms. Rebecca Santos, not having submitted a National Budget for 2009, stop all disbursements to the National Congress and the District Attorney’s Office. President Zelaya is quoted as saying, “I will only send them enough for their cups of coffee.” Many see this as a reprisal for not supporting President Manuel Zelaya’s illegal electoral vote.

May 8th 2009: As established by Title IV, Chapters I and II, Articles 182-186 of the Constitution of the Republic of Honduras the District Attorney’s Office (Mr. Luis Rubi) in coordination with the Atty. General of the Republic of Honduras (Mrs. Rosa Miranda) file an ordinary lawsuit (File No. 51-2009) for Protection of Constitutional Rights and Guarantees in the Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo). The lawsuit requests that the administrative act carried out by the Executive Branch be suspended as it infringes upon the Constitution and its laws.

May 11th 2009: The Executive Branch hires prominent Spanish constitutional lawyer Mr. Jose Vinicio Pastor to begin drafting a new constitution, he had recently participated in drafting the new constitution of Ecuador (member of the ALBA), which in September of 2008 allowed current President Rafael Correa to extend his presidential term until 2013. The Executive Branch denies hiring Mr. Jose Vinicio Pastor, and claims he is only in Honduras as a legal counselor; others see it as a confirmation that President Zelaya intends to extend his presidential term.

May 26th 2009: President Manuel Zelaya, knowing his Decree would be declared null by the court, issues a second Presidential Decree PCM-19-2009 in which he changes its name from Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) to Popular Vote (Consulta Popular). Aside from the change in names this Presidential Decree remains exactly the same as Presidential Decree PCM-05-2009.

May 27th 2009: The Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo) emits a resolution through Judge Jorge Alberto Zelaya establishing that Presidential Decree PCM-05-2009 is illegal and unconstitutional and poses a threat to the Rule of Law in Honduras; on the basis that the Executive Branch is not entitled by law to directly conduct, promote, organize or finance any kind or type of electoral voting process. The court points out that the National Institute of Statistics (Instituto Nacional de Estadisticas) is not the competent institution for such a task and further clarifies that such an attribute belongs exclusively to the Supreme Electoral Tribunal (Tribunal Supremo Electoral), an independent and decentralized institution of the government whose sole purpose is to conduct, promote and organize a transparent and legal electoral voting process. The resolution also urges the Secretary of the Presidency to inform President Manuel Zelaya of the court’s ruling and to abstain, terminate and suspend all actions related to this project. The legal backbone of the resolution are articles 5, 80, 82, 90, 245, 303, 304, and 305, of the Constitution of the Republic of Honduras, and articles 1, 11, 40 and 137 of the Law of Organization and Attributes of the Courts (Ley de Organizacion y Atributos de los Tribunales).

May 29th 2009: The Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo) emits a second resolution through Judge Jorge Alberto Zelaya stating that Presidential Decree PCM-19-2009 simply changes the name of the project and that the character, nature and intention of the administrative act of the Executive Branch remains same and is therefore still illegal, unconstitutional and a threat to the Rule of Law.

May 29th 2009: The Executive Branch, ignoring the previously mentioned judicial resolutions, issues Presidential Decree PCM-027-2009, in which it orders the Armed Forces of Honduras (FFAA) to give logistical support to the Popular Vote (Consulta Popular), previously known as the Project of the Fourth Ballot Box (Proyecto de la Cuarta Urna).

May 29th 2009: The Supreme Electoral Tribunal (Tribunal Supremo Electoral) summons the general population to participate in the General Elections to be held, as they traditionally are, on November 29, 2009 to elect a new President, 298 Mayors and 128 congressmen/congresswomen. This despite not having received over 500 million Lempiras to begin preparations for the electoral process due to the inexistence of a National Budget on behalf of the Executive Branch. There is no mention of President Zelaya’s project for a Fourth Ballot Box.

June 3rd 2009: The Court of First Instance of Administrative Law issues a judicial notice through Judge Jorge Zelaya informing the office of the President the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27th. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling.

June 19th 2009 9:00 AM: The Court of First Instance of Administrative Law issues a second judicial notice through Judge Jorge Zelaya informing the dispatch of the Secretary of the Presidency the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27 and May 29 of 2009, and states that failure to abide will result in the application of article 349 of the Penal Code. The document was signed and sealed as received by the dispatch of the Secretary of the Presidency on June 19, 2009 at 10:30am by Claudia Flores. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling for a second time.

June 19th 2009 2:00 PM: The Court of First Instance of Administrative Law issues a third judicial notice through Judge Jorge Zelaya informing the dispatch of the Secretary of the Presidency the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27 and May 29 of 2009, and states that failure to abide will result in the application of article 349 of the Penal Code. The document was signed and sealed as received by the dispatch of the Secretary of the Presidency on June 19, 2009 at 3:55pm by Claudia Flores. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling for a third time.

June 24th 2009 9:00 PM: President Manuel Zelaya meets with the head of the Armed Forces of Honduras (Gen. Romeo Vasquez Velasquez), Fleet Admiral of the Navy (Commander Juan Pablo Rodriguez), Field Marshall of the Army (Gen. Miguel Angel Garcia Padget), Air Force Marshall (Commander Luis Javier Prince), and the Secretary of Defense Mr. Edmundo Orellana. As Commander in Chief of the Armed Forces of Honduras, President Zelaya orders the above mentioned officers to give logistical support and to distribute and escort the ballot boxes for the electoral vote to be held on June 28, 2009 (Proyecto de la Cuarta Urna). The officers explain to President Zelaya that they cannot participate in an activity which has been declared illegal by the Judicial Branch, and all five proceed to resign from their posts.

June 24th 9:55 PM: On national television President Zelaya announces that he has relieved Gen. Romeo Vasquez Velasquez from his post, for failing to obey a direct order from himself, the Commander in Chief.

June 25th 2009 8:00 AM: Mr. Manuel Rodrigo Mazariegos Zuniga (private lawyer) and Mr. Rene Aceituno Ulloa, the acting Special District Attorney for Constitutional Matters, file before the Supreme Court an action for the protection of Constitutional Rights and Guarantees in favor of Gen. Romeo Vasquez Velasquez (Supreme Court register no. 881-09 and 883-09).

June 25th 2009 11:00 AM: A Venezuelan airplane lands at international Airport Toncontin with the authorization of President Zelaya. The plane carries 814 boxes filled with electoral material to be used for the electoral vote on June 28th 2009.

June 25th 2009 12:00 AM: The Supreme Court unanimously declares that the removal of Gen. Romeo Vasquez Velasquez from his post is illegal, and as such is null and without validity and effect. The Supreme Court’s resolution sites articles 183, 245, 278, 280, 303, 313 numeral five, 316, 321, and 323 of the Constitution of the Republic of Honduras and article 40 of the Law of the Armed Forces.

Article 278: All orders given by the President of the Republic of Honduras to the Armed Forces must be in compliance with the Constitution of the Republic and the principles of legality, discipline and military professionalism. Article 321: All who hold public office only have the powers granted expressively by the law. All actions executed outside the rule of law are null and carry responsibilities.

Article 323: Public officials are depositaries of authority, and legally responsible for their official conduct, subject to the law and never above it. No public official, employee, civil or military, is obligated to carry out orders that are illegal or that imply committing a crime.

June 25th 2009 12:35 PM: The District Attorney’s Office and the Supreme Electoral Tribunal proceed to impound the 814 boxes of electoral material and deposit them in a warehouse of Air Force Base Hernan Acosta Mejia.

June 25th 2009 3:00 PM: At the Presidential Palace, President Manuel Zelaya gives an hour long speech before 3000 of his followers. He calls for a revolution, incites them to violence, and to participate in an illegal act by saying “I have a special mission for you, I cannot say where, but there are buses available for all those who wish to follow me.” They arrive at Air Force Base Hernan Acosta Mejia and amongst shouts and insults demand to be allowed entrance. To avoid a violent confrontation the military personnel of the base proceeds to open the gates. Zelaya and his followers remove the 814 previously impounded boxes and transport them to the Presidential Palace, once again defying the judicial authorities.

June 25th 2009 5:45 PM: Having lost the cooperation of the Armed Forces of Honduras, President Manuel Zelaya uses state owned vehicles and state personnel to begin distribution of the electoral material across the country.

June 25th 2009 (Time Unknown): In a secret meeting with his cabinet, President Manuel Zelaya issues presidential Decree PCM-20-2009 annulling decrees PCM-05-2009 and PCM-19-2009. The new Decree states: “All dependencies and organs of Public Administration, Secretaries of the State, centralized and decentralized institutions are instructed to incorporate and actively execute all assigned tasks to carry out the project known as: Survey of Public Opinion to summon a National Constituent Assembly; which is considered an official activity of the Government of the Republic of Honduras.” He continues to push for an electoral vote by asking the population to fill out a ballot with the following question: Do you agree that in the General Elections of 2009 a Fourth ballot box be installed so the people can decide to summon a National Constituent Assembly? Yes or No. It is signed by President Manuel Zelaya and 17 of his cabinet members; and is sent to the Official Journal the Gazette (Dario Oficial La Gaceta) to be printed and published.

June 25th 2009 (Time Unknown): Presidential Decree PCM-20-2009 is published in the Official Journal the Gazette (Dario Oficial La Gaceta) and is made available to the public the following day.

June 25th 2009 6:00 PM: The District Atty. (Mr. Luis Rubi) files for a bill of indictment before the Supreme Court against Citizen Jose Manuel Zelaya Rosales; for being presumed responsible for the crimes of: High Treason, Against the Form of Government, Abuse of Authority, and Usurpation of Powers, in harm of Public Administration and the State of Honduras. In the indictment he requests a search warrant for the domicile of Mr. Zelaya, to prevent the destruction of evidence pertinent to the case (Article 278 of the Penal Code), and a detainment order to prevent a possible escape. He suggests that the detainment order be carried out by the Armed Forces of Honduras and not the police, citing a possible conflict of interest with the Secretary of Security in charge of the National Police (a public official handpicked and under the direct command of the President, Article 33 Law Of Public Administration), and the obligation of the Armed Forces to enforce the laws and the Constitution.

June 26th 2009: The National Congress of Honduras calls an emergency session and by a unanimous vote agrees to form a commission to investigate the administrative behavior of President Manuel Zelaya.

June 26th 2009: The Supreme Court issues an arrest warrant for Citizen Manuel Zelaya and a search warrant for his domicile located in Colonia Tres Caminos, an upper class residential area in Tegucigalpa. The arrest warrant is given to the head of the Armed Forces General Romeo Vasquez Velasquez, and the search warrant to Lieutenant Colonel Rene Hepburn, who deliberate for 36 hours on how to carry them out.

June 27th 2009: The Judicial Branch and the Supreme Electoral Tribunal (Tribunal Supremo Electoral) encourage the population to not participate in an illegal electoral vote.

June 28th 2009 5:00 AM: The illegal electoral vote project for a Fourth Ballot Box begins and thousands of Mr. Manuel Zelaya’s followers begin to cast their votes across country.

June 28th 2009 5:00 AM: A military unit is dispatched to execute the arrest warrant on Mr. Manuel Zelaya and arrive at his house at 5:25 AM.

June 28th 2009 5:45 AM: Mr. Manuel Zelaya is arrested and taken to Air Force Base Hernan Acosta Mejia. June 28th 2009 6:00 AM: Mr. Manuel Zelaya is put on an airplane and flown to Costa Rica. June 28th 2009 6:05 AM: The National Police is ordered by the Supreme Court to stop the illegal electoral vote, and proceeds to impound all the ballots and ballot boxes as criminal evidence to be used in a trial against Citizen Mr. Manuel Zelaya.

June 28th 2009 7:54 AM: The National Congress begins session, and the commission created to investigate the administrative conduct of President Zelaya concludes that he infringed upon the Constitution and its laws and should therefore be removed from office.

June 28th 2009 9:45 AM: Mr. Manuel Zelaya claims before the International Media present in San Jose, Costa Rica that he is the legitimate President of Honduras and that he has been the victim of a military coup.

June 28th 2009 10:54AM: Mr. Rodolfo Hugo Gil, permanent ambassador to the Organization of American States (OAS) for Argentina, calls the events that occurred in Honduras a military coup, and demands that Mr. Manuel Zelaya be reinstated within 24 hours.

June 28th 2009 10:59 AM: All 15 members of the Supreme Court of Honduras in a nationwide broadcast explain to the general population that Mr. Manuel Zelaya was constitutionally removed from office. Explaining that he failed to abide by and respect a judicial resolution numerous times, attempted to hold an illegal electoral vote, and in doing so violated the Constitution of Honduras and its laws and is subject to civil and criminal prosecution.

June 28th 2009 1:45 PM: The National Congress unanimously votes and designates Mr. Roberto Michelettti as the President of the Republic of Honduras, respecting the line of succession established in Article 241 of the Constitution of Honduras. The voting was as follows: 62 Liberal Party (Mr. Zelaya’s own party), 55 national Party, 3 Christian Democracy and 2 Party of Innovation and Unity (PINU) for a total of 122 in favor and 0 against. In his inaugural speech President Roberto Michelettti commits to act as an interim president for 6 months, improve the political situation of the country and to guarantee the General Elections of November 2009.

June 28th 2009 2:00PM: The District Attorney’s Office impounds 43 computers in a building leased by the Secretary of the Presidency across the street from the Presidential Palace. The computers contain the final voting results of the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), an electoral vote that was never held; not surprisingly the results massively favored the creation of a National Constituent Assembly . This information was not made public until July 7th 2009.

June 28th 2009 6:58 PM: All 8 Presidents members of the Bolivarian Alternative for the Americas (ALBA) condemn the removal of Mr. Manuel Zelaya as a military coup and demand his immediate reinstatement.( Most notably: Hugo Chavez-Venezuela, Rafael Correa-Ecuador, Evo Morales-Bolivia, the Castro brothers-Cuba and Daniel Ortega-Nicaragua) Mr. Hugo Chavez goes farther saying “ I will overthrow the de facto government, mark my words I will overthrow them no matter what.”

June 29th 2009: New interim President Roberto Micheletti begins to name the members of his new Cabinet, the former members of the Cabinet of Manuel Zelaya, for unknown reasons, fled upon the arrest and exile of Mr. Zelaya.

All the events described above point to one thing: a legitimate and legal process was followed, culminating in the removal of Mr. Manuel Zelaya from the Presidency, and the subsequent constitutional succession of the Presidency by Mr. Roberto Micheletti. Mr. Zelaya repeatedly violated the Constitution of his country, ignored judicial resolutions, openly confronted and mocked the legislative and judicial branches, and stubbornly insisted on holding an illegal electoral vote. What other outcome could be expected from such behavior? I see no other, as he refused numerous times to change or reconsider his plans, ideas, views, intentions and to follow the legally established path to hold and electoral vote; described in part 3 of this article.