Was former Honduras leader Hernandez a victim of Biden 'set-up', as claimed by Trump?

Amid the ongoing U.S. military operations targeting groups labeled as narco-terrorists in the Caribbean, President Donald Trump revealed plans to pardon Juan Orlando Hernandez, the ex-president of Honduras, who was sentenced in 2024 to 45 years in prison for his role in distributing over 400 tonnes of cocaine into the United States.

Speaking with reporters aboard Air Force One, Trump claimed Hernandez had been unfairly targeted by the Biden administration. Selling drugs in a country doesnt justify jailing a president for life, Trump asserted, although no evidence was provided to support the claim that Hernandez was set up.

Contrary to Trumps statements, Hernandezs conviction stemmed from his direct involvement in the transit of cocaine to the U.S., not merely domestic drug sales. The White House framed the pardon as correcting a perceived miscarriage of justice, with Press Secretary Karoline Leavitt questioning the sufficiency of evidence during Hernandezs three-week jury trial. A subsequent motion for a new trial was denied.

Hernandez served as Honduras president from January 2014 to January 2022, during which he claimed to U.S. officials that he was combating drug trafficking, earning Trumps praise in 2019. In April 2022, the U.S. indicted and extradited him on drug and weapons charges. On June 26, 2024, Judge P. Kevin Castel sentenced Hernandez to 540 months in prison plus 60 months of supervised release for cocaine importation and associated weapons offenses.

The U.S. Justice Department stated that Hernandez used drug proceeds to fund his political career and exploited presidential powers to traffic hundreds of tonnes of cocaine into the United States. Evidence in the trial included testimony from former traffickers and documents indicating Hernandez coordinated with armed co-conspirators and involved military and police forces in facilitating large-scale cocaine imports.

Prosecutors detailed that Hernandez received millions of dollars from major drug organizations, including payments from Joaquin El Chapo Guzman, and used these funds to rise politically and protect co-conspirators, including his brother Juan Antonio Hernandez Alvarado.

Legal Precedent for Prosecuting Former Heads of State

Trump justified the focus on Hernandez by noting his former presidential role. While sitting heads of state typically enjoy complete immunity under international law, former leaders can be prosecuted if their actions fall outside official duties. Georgetown University law professor Anthony Clark Arend confirmed that drug trafficking does not qualify as an official government function, making Hernandez eligible for U.S. prosecution. Legal experts noted that his prosecution was largely seen as legitimate, except among core supporters.

Though rare, similar cases have occurred. Manuel Noriega, Panamas former leader, was extradited and convicted in the U.S. in 1989 for drug trafficking and racketeering, receiving a 40-year prison sentence. Similarly, former Ukrainian Prime Minister Pavel Lazarenko was convicted in the U.S. in 1999 on multiple counts of money laundering, serving three years in federal prison.

Author: Sophia Brooks