Honduran Supreme Court approves extradition of ex-President Hernandez on New York drug trafficking charges

TEGUCIGALPA - It was a day most Hondurans could only have imagined in their dreams.

A Supreme Court judge, once thought to be under the control of an invincible president, ruled against him on Wednesday.

Pending a possible appeal, Juan Orlando Hernández, who left office in January after eight years in power, is one step closer to being at the mercy of the US federal courts, where he is charged as part of a vast drug trafficking conspiracy.

In the event of an appeal, the case would be decided by a majority of the 15-member Supreme Court in about a week.

Several alleged accomplices of Hernández have already pleaded guilty or are cooperating with prosecutors in New York, increasing the likelihood of a lengthy sentence of up to life in prison.

Earlier Wednesday, the former was flown by helicopter to the court from the police special operations base where he has been held on the outskirts of the capital since 15 February. Members of the Special Forces stood guard with riot shields outside the court building as Hernández landed in the car park.

Some Hernandez supporters, accompanied by the former president's wife, Ana García, gathered outside the court building with banners declaring his innocence.

In a videotaped statement minutes before the announcement of the judge's decision, Hernández, dressed in a blue suit and tie, sounded calm and unrepentant: "I remain convinced that this is the product of revenge... of those who brought the country to its knees," he said, referring to the evidence provided by the drug traffickers who have testified against him.

He defended his eight years as president saying; "every action we took, every thought, was directed with the full intention of bringing well-being to Honduras," he added.

The decision was annnounced around 9 p.m. local time (11p.m. EST) after a hearing that lasted most of the day.

Hernandez was arrested a month ago on drug trafficking and illegal use of weapons charges, following a request from the US federal court in New York seeking his extradition.

The extradition hearing was closely watched in Honduras - where members of the political elite have long evaded justice - and in the United States - where the Justice Department awaits the arrival of one of its most high-profile targets to date.

Hernández accused in a grand conspiracy

Hernández's extradition was requested by federal prosecutors in the Southern District of New York, who also prosecuted his brother, former legislator Juan Antonio 'Tony' Hernández, in 2019, as well as other members of the same drug trafficking conspiracy.

Hernandez, 53, faces a mandatory minimum sentence of 40 years on all three counts. It is unlikely that he will be offered a plea deal that would reduce his sentence. Nor does it appear likely that he will plead guilty. If he were to go to trial and be found guilty, he would most likely receive life imprisonment.

Since he was first linked by U.S. prosecutors to drug trafficking in 2019, Hernandez has vehemently denied the allegations, citing his role in passing the extradition figure in 2012 and cooperating with US counternarcotics efforts. Since his arrest, his wife, Ana García, has continued the same line of defence. "We have no doubt that this is a revenge by the drug traffickers themselves," she said earlier this week.

If extradited to the United States, Hernandez would join his brother, who was convicted by a New York jury in October 2019. He was subsequently sentenced to life in prison.

The hearing

Hernández arrived at the court in the morning hours dressed in a suit and tie and with his hands cuffed. Hours later, the hearing began with the presentation of a pair of affidavits from a prosecutor and a DEA agent familiar with the case. Essentially, the affidavits are a summary of some of the evidence collected against Hernandez.

During a lunch break, Hernández's legal team released a statement, claiming that "the US government did not submit any credible and sufficient evidence" implicating the former president in drug trafficking. It added that the prosecution "did not send any evidentiary documentation, photographs, audios, videos, transactions or any other evidentiary element to support its accusation."

However, the use of affidavits for the purpose of an extradition hearing is established procedure and was never a problem for Hernández with other extraditees during his presidency. The extradition hearing is not to determine the innocence or guilt of the accused, but to assess whether there is sufficient evidence to grant extradition, similar to the grand jury process in the United States.

Hernández's defence presented around 20 pieces of evidence, but the judge only admitted nine, including the testimony of the former president and his wife, who broke down in tears during her participation.

Now what happens?

Hernandez's defence is expected to file an appeal of the judge's decision. He has three days to file it and then the United States would be given three days to respond with its own argument and finally the full 15-member Supreme Court would have three days to reach a majority decision.

To date, some eight defendants have appealed the judge's decision to authorise their extradition, but none of these appeals have been successful.

If the appeals process ends up ratifying the decision made by the judge today, then in the following days or weeks Hernández would be sent to the United States.