Wednesday, February 16, 2011

Blustering Bravado

Roberto Micheletti does not believe in free speech, even though it is protected under the Honduran Constitution. He actively suppressed free speech in Honduras by forcibly closing dissenting media outlets during his regime.

But he also doesn't understand free speech as protected in the US Constitution and law. He told El Heraldo he intends to sue Ambassador Hugo Llorens in US court over what he wrote about Micheletti in the leaked State Department cables on Wikileaks once Llorens is no longer an Ambassador.
"I will file a case against him so that he proves to me all the things he says I've committed,"

said Micheletti. The cable in question is the one that states that according to embassy sources, Micheletti is a partner in the firm granted the concession to the Nacaome dam as part of "gazetazao". What the cable says about Micheletti is
While the de facto regime leader Roberto Micheletti and his colleagues portrayed themselves as practitioners of efficient and honest government, they appear to have cut a significant number of back room deals, which were egregious even by local standards. The dam concession is the prime example.

and
Credible Embassy sources have directly implicated Micheletti and some of his closest business partners in this deal.
and
According to Embassy sources, Micheletti was one of the Honduran partners in the consortium granted the concession. The chief actors included Saavedra, Micheletti, Minister of Public Works Saro Bonano, and Micheletti intimates Johnny Kafati and Roberto Turcios. It is inconceivable that this deal could have been put together without Micheletti's knowledge.

But this was not public speech and hence is not liable as defamation or slander. Llorens didn't publish this publicly, he informed his employer as part of private business communications which later, through no fault of Llorens, became public. It's private, protected speech as a matter of US law.

Micheletti told HRN radio that he would file the case in US court once Llorens loses his diplomatic immunity.
"I'm not afraid of him nor am I afraid of the gringos, nor do I fear anyone."

This should be interesting. Micheletti can get a case filed long distance with money to hire lawyers; lawyers will be happy to take his money; but perhaps Micheletti forgot he lost his US visa and therefore cannot enter the US to testify in the case. In any event, there is no case here.

This is a lot of bluster and bravado with no legal basis under US law.Any source

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