It was hardly necessary to consult the Delphic Oracle to know that every Democrat within reach of a microphone would denounce President Trump’s military action against Venezuelan dictator Nicolás Maduro. It was, however, surprising to discover how ignorant the Democrats are about the President’s authority to deploy military forces. Saturday morning, for example, House Minority Leader Hakeem Jeffries (D-N.Y.) brayed, “The Trump administration has not sought congressional authorization for the use of military force and has failed to properly notify Congress in advance of the operation in Venezuela.”
In the end, both history and legal precedent suggests that President Trump acted within the law when he ordered the operation that resulted in the capture of Maduro.
Jeffries is evidently unaware of the War Powers Resolution of 1973 (WPR). Someone on his staff should have informed him that the WPR permits the Commander-in-Chief to launch military operations without first notifying Congress and that several Democratic Presidents — including Clinton, Obama and Biden — have used the WPR to justify launching similar attacks without prior notification of Congress. The resolution does require the President to notify the Speaker of the House and President Pro Tempore of the Senate within 48 hours of initiating military operations and limits deployments to no more than 60 days without congressional authorization. The New York Times reports that House Speaker Mike Johnson plans to schedule briefings for members as Congress returns to Washington.
Nonetheless, congressional Democrats such as Senate Minority Leader Chuck Schumer (D-N.Y.), Sen. Tim Kaine (D-Va.), Sen. Andy Kim (D-N.J.), Sen. Jack Reed (D-R.I.), Rep. Seth Moulton (D-Mass.), Rep. Darren Soto (D-Fla.), ad infinitum, are demanding President Trump’s head on a platter. Many of these characters have jumped the shark. According to a report in AXIOS, Rep. Jared Huffman (D-Calif.) called Trump’s plan to run Venezuela “truly insane” and added, “We are in 25th Amendment territory now.” Huffman clearly doesn’t understand that the 25th Amendment must be initiated by Trump’s VP and Cabinet. The Democrats are also back on impeachment: Rep. Delia C. Ramirez (D-Ill.) issued this ridiculous statement:
Today’s military operation in Venezuela and the kidnapping of Nicolás Maduro are illegal, dangerous violations of international and U.S. law that put us all at risk. The Trump Administration is continuing an agenda of U.S. interventionism in Latin America that has only led to human rights violations, democratic backsliding, economic destabilization, deep poverty, genocide, and mass migration. History has shown us that peace and democracy in Latin America have never been realized through unauthorized United States military intervention … Trump must be impeached.”
Similarly irresponsible claims about “violations of international law” were posted on social media by New York City’s recently minted Mayor, Zohran Mamdani: “Unilaterally attacking a sovereign nation is an act of war and a violation of federal and international law. This blatant pursuit of regime change doesn’t just affect those abroad, it directly impacts New Yorkers, including tens of thousands of Venezuelans who call this city home.” Because Maduro will be incarcerated in a Brooklyn jail as he awaits prosecution on federal narcotics and weapons charges, it’s likely that Mamdani will try to grab a few headlines by interfering with the process. According to constitutional scholar Jonathan Turley, however, Trump is on solid legal ground:
The courts have previously upheld the authority of presidents to seize individuals abroad, including the purported heads of state. This case is actually stronger in many respects than the one involving Noriega. Maduro will now make the same failed arguments that Noriega raised. He should lose those challenges under existing precedent. If courts apply the same standards to Trump (often an uncertain proposition), Trump will win on the right to seize Maduro and bring him to justice … I do not see how a court could free Maduro simply because it disapproves of nation-building.
The Noriega precedent to which Turley refers is of course a reference to Gen. Manuel Noriega, the erstwhile dictator of Panama. Like Maduro, Noriega had been indicted in the U.S. on federal drug trafficking charges whereupon President George H.W. Bush sent U.S. troops into Panama in 1989 to capture him. At length he surrendered and was brought to the United States to stand trial. He was convicted and sentenced to 40 years in prison. As with Trump’s military action against Maduro, numerous Democrats objected to Bush’s failure to notify Congress prior to the deployment of troops. The case went to court and the Bush administration won. As Turley explains, “The Noriega case offers ample support for the Trump Administration.”
Nonetheless, the Democrats will certainly attempt to use the capture of Maduro as a pretext to portray President Trump as a lawless enemy of democracy whose actions in Venezuela are politically self-serving. As renowned foreign policy expert, Rep. Alexandria Ocasio-Cortez (D-N.Y.) wrote on social media, “It’s about oil and regime change. And they need a trial now to pretend that it isn’t. Especially to distract from Epstein and skyrocketing healthcare costs.” This spurious nonsense was parroted by that celebrated paragon of integrity, Sen. Adam Schiff (D-Calif.) on social media: “Americans, especially our military families, deserve better than a President who will so openly break his promises of peace when there’s oil profits on the line.”
In the end, both history and legal precedent suggests that President Trump acted within the law when he ordered the operation that resulted in the capture of Maduro. Sadly, the Democrats couldn’t care less about history or the law. They will continue to demagogue the issue, and will almost certainly use it as a pretext to impeach him if the voters are foolish enough to give the Democratic Party a House majority in next November’s midterms. For the good of the nation Nicolás Maduro must go to prison and the GOP must retain its House majority.
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