By July 24, 2009, the U.S. government was totally clear about the basic facts of what took place in Honduras on June 28, 2009. The U.S. embassy in Tegucigalpa sent a cable to Washington with subject: "Open and Shut: The Case of the Honduran Coup," asserting that "there is no doubt" that the events of June 28 "constituted an illegal and unconstitutional coup." The Embassy listed arguments being made by supporters of the coup to claim its legality, and dismissed them thus: "none ... has any substantive validity under the Honduran constitution." The Honduran military clearly had no legal authority to remove President Zelaya from office or from Honduras, the Embassy said, and their action - the Embassy described it as an "abduction" and "kidnapping" - was clearly unconstitutional. . .
. . .But despite the fact that the U.S. government was crystal clear on what had transpired, the U.S. did not immediately cut off all aid to Honduras except "democracy assistance," as required by U.S. law.
Instead, a month after this cable was sent, the State Department, in its public pronouncements, pretended that the events of June 28 - in particular, "who did what to whom" and the constitutionality of these actions - were murky and needed further study by State Department lawyers, despite the fact that the State Department's top lawyer, Harold Koh, knew exactly "who did what to whom" and that these actions were unconstitutional at least one month earlier. The State Department, to justify its delay in carrying out U.S. law, invented a legal distinction between a "coup" and a "military coup," claiming that the State Department's lawyers had to determine whether a "military coup" took place, because only that determination would meet the legal threshold for the aid cutoff. . .
. . .Why did the State Department drag its feet, pretending that facts which it knew to be clear-cut were murky? Why didn't the State Department speak publicly after July 24 with the same moral clarity as the July 24 cable from the Embassy in Honduras? Had the State Department shared publicly the Embassy's clear assessment of the June 28 events after July 24, history might have turned out differently, because supporters of the coup in the United States - including Republican Members of Congress and media talking heads - continued to dispute basic facts about the coup which the US Embassy in Honduras had reported were not subject to reasonable dispute, and U.S. media reporting on the coup continued to describe these facts as subject to reasonable dispute, long after the Embassy had firmly declared that they were not.
As the Center for Economic and Policy Research noted in an August 2009 report, in the previous 12 months the U.S. had responded to other coups by cutting U.S. aid within days. In these cases - in Africa - there was no lengthy deliberation on whether a "coup" was a "military coup."
What was the difference?
A key difference was that Honduras is in Central America, "our backyard," so different rules applied. Top officials in Washington supported the political aims of the coup. They did not nominally support the means of the coup, as far as we know, but they supported its political end: the removal of the ability of President Zelaya and his supporters to pursue a meaningful reform project in Honduras. On the other hand, they were politically constrained not to support the coup openly, since they knew it to be illegal and unconstitutional. Thus, they pursued a "diplomatic compromise" which would "restore constitutional order" while achieving the coup's central political aim: removal of the ability of President Zelaya and his supporters to pursue a meaningful reform project in Honduras. The effect of their efforts at "diplomatic compromise" was to allow the coup to stand, a result that these supporters of the coup's political aims were evidently content with.
Why does this matter now?
First, the constitutional and political crisis in Honduras is ongoing, and the failure of the U.S. to take immediate, decisive action in response to the coup was a significant cause of the ongoing crisis. After nominally opposing the coup, and slowly and fitfully implementing partial sanctions against the coup regime in a way that did not convince the coup regime that the U.S. was serious, the U.S. moved to support elections under the coup regime which were not recognized by the rest of the hemisphere, and today the U.S. is lobbying for the government created by that disputed election to be readmitted to the Organization of American States, in opposition to most of the rest of the hemisphere, despite ongoing, major violations of human rights in Honduras, about which the U.S. is doing essentially nothing.
Second, the relationship of actual U.S. policy - as opposed to rhetorical pronouncements - to democracy in the region is very much a live issue from Haiti to Bolivia.