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Stonewalling and Harold Koh


Andy, I’ll just add that leading D.C. lawyer (and Honduras native) Miguel Estrada, who has explained in detail that the ouster of former Honduran president Manuel Zelaya was lawful, has passed along to me his judgment that the Law Library of Congress report is “basically right.” Estrada, who has previously condemned the Obama administration’s shameful betrayal of the rule of law, also criticizes the fact that State Department legal adviser Harold Koh’s analysis remains hidden:

In a democracy the [State Department] Legal Adviser ought not to write a secret analysis of publicly available documents solely because he does not have the gumption to expose his reasoning process and conclusions to public scrutiny.

On any issue on which Estrada and Koh are in disagreement, I’d be willing to bet big that Estrada has it right. But let’s have Koh’s analysis made public immediately so that serious analysis of the competing positions can take place.