Backdated Charges?

Was the paperwork that provided the flawed legal justification for the coup backdated?

A cable recently posted to Wikileaks provides hints supporting this conclusion, widely held by opponents of the coup.

This cable, send on June 28, 2009 from Ambassador Hugo Llorens to the State Department, announced the forced expatriation of Zelaya. It notes that the Honduran military told the US Defense Attaché that they had acted on instructions from the National Congress and Supreme Court to prevent President Manuel Zelaya Rosales from carrying out the Cuarta Urna poll scheduled for that day.

However, the very next paragraph of the cable notes that members of Congress and the Public Prosecutor, Luis Rubí, when contacted by the Embassy, said they had only ordered the military to confiscate the polling materials, and had not requested that Zelaya be arrested.

Roberto Micheletti, when contacted by the Embassy that day, repeated the claim that Zelaya had planned to convene a National Constituent Assembly right after the poll, and "that Congress had acted to preempt him."

The contradiction between what Micheletti, then head of Congress, and other members of congress told the US ambassador simply underlines what has long been clear: Micheletti and other agents of the coup deliberately ignored due process, denying many members of congress who opposed the coup the right to participate in the voting that attempted to legitimize the coup after the fact on Sunday morning.

But the reported comments of the public prosecutor, Luis Rubí, add something new to the mix.

Shortly after the coup, the Supreme Court posted online voluminous documents they claimed justified the actions legally. This included a long legal case, said to have been filed by Rubí under a request for secrecy, dated June 26, two days before the coup.

This date would have come just after Ambassador Llorens had a conversation with Chief Justice Jorge Rivera Aviles, in which Rivera Aviles said the only way a sitting president could be constitutionally removed from office was through the Public Prosecutor filing a criminal case with the Supreme Court, and being adjudicated guilty of a crime.

Yet on June 28, Luis Rubí denied to Llorens that he had requested the arrest of Zelaya; the military did not say they were acting for the Public Prosecutor; and Micheletti attributed the orders to "preempt Zelaya" to Congress, not the Supreme Court or the Public Prosecutor.

Either the Supreme Court paperwork was backdated to June 26, or everyone was lying to Ambassador Llorens on June 28.

A subsequent cable dated July 2, 2009 contains a timeline of events written by Ambassador Llorens to the State Department.

This timeline has no entry for charges filed by Public Prosecutor Luis Rubí on Friday, June 26, as claimed in the documents posted by the Supreme Court.

It only states that on June 30, e.g., two days after the coup d'etat, that Rubí filed 18 charges against Manuel Zelaya Rosales, in an ordinary criminal court, following a document issued by the Supreme Court that categorized Zelaya as a private citizen as a consequence of the congressional actions of June 28.

Llorens writes:

While there have been claims that the Supreme Court issued a warrant for Zelaya's arrest, the president of the Supreme Court has told us that this is not true. The only warrant we are aware of is one issued either late on June 25 or early on June 26 by a lower court ordering the seizure of polling material. It appears that the Attorney General, the military conspired with Micheletti and other leaders of Congress to remove Zelaya based on their fear that he planned to convene a Constituent Assembly immediately after the June 28 poll.

Either Rivera Aviles was lying to Ambassador Llorens, or there was no arrest warrant issued on Friday June 26, secret or otherwise, as stated in the Supreme Court documents.

These cables also go to the heart of the justification offered for the actual timing of the coup.

The crux of the justification is the allegation that Zelaya was going to call a National Constituent Assembly right after the Cuarta Urna poll. This was a rumor spread by the online newspaper Proceso Digital. On June 27, 2009, it falsely claimed that the proclamation establishing the Cuarta Urna published in the official Gaceta said this.

Llorens writes on July 2:

The online newspaper Proceso Digital prints an article alleging Zelaya's decree, published in the 25 June issue of the official paper La Gaceta, states that the 28 June poll will immediately convoke a constituent assembly. The newspaper reports that Zelaya has changed the rules at the last minute, and the poll will have consequences not previously reported.

This fits. It's the justification provided by Micheletti to Ambassador Llorens for the coup d'etat on the day of the coup. Llorens continues:

Micheletti's supporters say that publication calls for the convening of the Constituent Assembly. However, this is patently false, the publication simply states: "Are you in agreement that in the general elections of 2009, there be a fourth urn in which the people decide the convocation of a National Constituent Assembly."

What these cables are clarifying is precisely how much evidence there is for a conspiracy to sanitize the coup d'etat, a conspiracy that included producing documents purportedly from the Friday before the coup, documents that on the day of the coup, all involved disclaimed.Any source