Is the Honduran Political Crisis Over?

The United States has agreed to recognize the results of this month’s election.  Ousted President Zelaya will be allowed to return to Honduras, and the legislature will vote on whether to allow him to serve out the remaining three months of his term, albeit without control over the military.

Meanwhile, it seems some members of the U.S. Senate objected to a Law Library of Congress report that largely supported the legality of Zelaya’s ouster.  According to this report, Senator John Kerry (D-MA) and Representative Howard Berman (D-CA) asked the Library of Congress to retract the report because it “”contains factual errors and is based on a flawed legal analysis that has been refuted by experts from the United States, the Organization of American States and Honduras” and “has contributed to the political crisis” in Honduras.  The Library of Congress stands by the report, however, and is preparing a response to Senator Kerry and Representative Berman.

If the two lawmakers belive the Law Library of Congress report is flawed, there are better responses than seeking a retraction.  For one, they could demonstrate the report’s failings, perhaps by pointing to alternative analyses that are more persuasive.  Perhaps, they could even encourage the State Department to release the memorandum written by Harold Koh supporting the U.S. government’s position that the removal of President Zelaya constituted an illegal coup.

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