How does Trump's pardoning of Hernandez fit with his supposed war against 'narco terrorists'?

Key Concepts

• Pardon: An act of forgiveness by a president for a crime, which can release a convicted person from the remainder of their sentence. It does not erase the conviction itself.
• Extradition: The formal process by which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country.
• Drug Trafficking: The illegal cultivation, manufacture, distribution, and sale of narcotics and other controlled substances.
• Impunity: Exemption from punishment or freedom from the injurious consequences of an action.
• Judiciary System: The system of courts that interprets and applies the law.
• Electoral Fraud: Illegal interference with the process of an election, intended to influence the outcome.
• MS-13: A transnational criminal organization, also known as Mara Salvatrucha, notorious for its violence.
• War on Drugs: A global campaign, led by the US, to combat illegal drug trade.

Juan Orlando Hernandez Pardon and Release

Former Honduran President Juan Orlando Hernandez has been released from a US prison following a pardon by former US President Donald Trump. Hernandez was serving a 45-year sentence in the United States for cocaine trafficking. Trump characterized the conviction as a "Biden administration setup." Hernandez, who served as president from 2014 to 2022, consistently denied his conviction for importing approximately 400 tons of cocaine into the United States.

Public Reaction in Honduras

Journalist Fritz Pino reported from Tegucigalpa, Honduras, that the news of Hernandez's release has been met with significant confusion and disbelief. The pardon has left a "bitter taste" among the population, who are struggling to understand why Trump would pardon him. There is speculation that the pardon might be a gesture of support towards the right-wing National Party, which has sought to distance itself from Hernandez, particularly during the current election campaign.

Impact on Honduras's Judiciary and Impunity

The pardon is considered a "huge blow" to Honduras, a country with an estimated impunity rate of around 90%. This means that approximately 90% of criminal cases in Honduras are never solved, leading to a general distrust in the national judiciary system. Consequently, the extradition and trial of Hernandez in the US were highly respected, as people placed more faith in the American judicial process than their own. The pardon, which does not erase the guilty verdict for drug and weapons trafficking, is seen as sending a message that the US judicial system is facing challenges and that a president, with US backing, can evade consequences.

Path to Arrest and Conviction

The legal proceedings against Hernandez began when US authorities arrested his brother at Miami airport on drug trafficking charges. His brother was subsequently tried and found guilty. In Honduras, public outcry followed, as it was deemed improbable that Juan Orlando Hernandez, during his presidency, was unaware of his brother's illicit activities. His defense at the time was that he was unaware and that they were "not raised this way." After his party lost the 2022 elections, Hernandez was extradited to the US for trial. Despite rumors of an attempted escape, he appeared confident in his defense. The current Honduran government was responsible for his extradition.

Accusations During Hernandez's Presidency

Hernandez's presidency was marked by numerous accusations beyond drug and weapons trafficking. These include:

• Constitutional Changes: He amended the constitution to allow for a second term in office.
• Electoral Fraud: He was accused of electoral fraud and declared himself the winner of his second term, a process that drew concern from the United Nations. Despite these concerns, he was supported by the US and proceeded with his second term.
• Dealings with MS-13: He was accused of making a deal with MS-13, following the escape of the gang's leader in Honduras from the judicial system.
• Massive Corruption: He faced accusations of significant corruption, including the alleged embezzlement of funds intended for mobile hospitals during the COVID-19 pandemic.

Critique of the "War on Drugs"

The pardon raises questions about the rationale behind a US president who campaigns against "Latin American narco-terrorists" yet pardons a former Latin American president convicted of aiding cocaine smuggling. This situation highlights the argument that the "war on drugs" is often instrumentalized to destabilize regions and to selectively target individuals. According to this perspective, Trump's actions suggest a selective approach to labeling and persecuting individuals with the "narco" label, allowing him to "pick and choose" who to pursue. If the US were genuinely committed to this fight, such a pardon, especially so quickly, would not have occurred.