Order Of Presidential Succession

Caudillos Can Be Already Removed from Office in Honduras—Just Not the Way It ...

Last week, the Honduran Truth and Reconciliation Commission (Commission) confirmed that the June 28, 2009 forced removal of former President of Honduras Manuel Zelaya was a coup d’état .  This is good news.  Unfortunately, the report goes on to recommend a series of unnecessary constitutional reforms intended to allow for a legal process to remove a president from power.

Problem is: procedures for a special trial against high-ranking state officials are already clearly and unambiguously articulated and regulated in the current constitution.  They just weren’t followed .  Amending the beleaguered Honduran constitution again to address this phantom problem will not only fail to address the fundamental issue behind the events of June 28th, they will further confuse and weaken Honduran rule of law. 

The Commission’s report,  “To Prevent These Events from Happening Again” claims (1) that “the Honduran system for checks on the executive power is problematic and has substantial omissions, along with contradictory and dispersed legal rules, open to a lax interpretation;” (2) that “a basic modern constitutional principle is that a president may not be removed by a court decision, but only by a resolution of Congress with due process of law;” (3) that “the constitutional crisis of June 28, 2009 demonstrated that Honduras lacks an impeachment process;” and (4) that “to prevent these events (the coup) from happening again, the constitution should create this procedure.”.

But these assertions are simply not true.  Article 313(2)(c) of the Honduran Constitution gives the Supreme Court the power “to adjudicate on the legal actions brought against the highest state officials and congressmen .” Articles 414 to 417 of the current Code of Criminal Procedure outline each of the steps that a criminal suit against the president must follow.

According to these provisions, only the Supreme Court may administer the proceedings in a criminal suit against the president from beginning to end. First, the Supreme Court must designate one of its justices to initiate proceedings and make decisions throughout the preparatory and intermediate phases, which may include arrest, search warrants or precautionary measures.

Second, the Supreme Court, in full ( en banc ), must designate three justices and a fourth substitute to serve as a trial court, and among them, appoint one justice to preside over the trial.

Japanese Ambassador Thanks, Congratulates JA Community – Rafu Shimpo

Fujisaki, who was also a speaker at last year’s convention in Chicago, expressed gratitude on behalf of those who were impacted by the March 11 earthquake and tsunami: “After 3/11, people around the world helped us, but especially Americans. And at the core of the Americans were our Japanese American friends. We are coming back, but we could not have come this far without your assistance, your help, your friendship. So thank you very much for standing with us … I assure you the Japanese people will never forget about it.”

The ambassador had just come from a luncheon held by the Japan America Society and the World Affairs Council in Century City, where he discussed “Japan’s Road to Recovery.”

Fujisaki noted that Sen. Daniel Inouye (D-Hawaii) has been named a recipient of the Grand Cordon of the Order of the Paulownia, the Japanese government’s highest honor for civilians, for his contributions to U.S.-Japan relations.

“Only seven Americans have received this in the past 150 years of Japan-American relations, and he’s the first Japanese American to receive it,” said Fujisaki, who expressed hope that Inouye — the most senior member of the Senate and third in line for presidential succession — will continue to serve “for many years to come.”

Of his relationship with the Nikkei community, Fujisaki recalled, “Since I came to Washington in 2008, I was more and more intrigued by the history of Japanese Americans. I went to the (National) Japanese American Memorial near the Capitol right after my arrival with my wife, and I was so impressed that I showed the place to Prime Minister (Naoto) Kan, Finance Minister (Yoshihiko) Noda, Foreign Minister (Seiji) Maehara, Defense Minister (Toshimi) Kitazawa, and all of them were very much impressed.

“Also, I introduced Defense Minister Kitazawa and Foreign Minister Maehara to our JAVA (Japanese American Veterans Association) friends and they had a very good meeting. The Japanese politicians have learned more about Japanese American history.”

Despite facing discrimination for decades, “you have overcome that with dignity and you have won the respect of all Americans, and you have now such a respectable place in the strongest nation in the world, so congratulations to all Japanese Americans for that,” Fujisaki said.

He added, “What I respect most is that right after 9/11, Japanese Americans issued a message …‘We urge citizens not to release their anger on innocent American citizens simply because of their ethnic origin … Let us not make the same mistake that the nation made … following the attack of Pearl Harbor.

The Challenge of Democracy, American Government in a Global World

Time: Almanac 2003, With Information Please

Congressional Record

Presidential fact book

CliffsNotes AP U.S. Government and Politics