In an extraordinary military operation, the United States launched a large-scale military operation in Caracas, Venezuela with special forces seizing President Nicolás Maduro and his wife. There is a pending 2020 indictment of Maduro in the Southern District of New York where he is expected to be taken to face prosecution.
The operation comes not long after the 37th anniversary of the capture of Manuel Antonio Noriega on December 20, 1989. Noriega was convicted of drug and money laundering offenses and sentenced to 40 years in prison. He was tried in Miami, Florida.
He was indicted in a four-count superseding indictment with Diosdado Cabello Rondón, 56, head of Venezuela’s National Constituent Assembly; Hugo Armando Carvajal Barrios aka “El Pollo,” 59, former director of military intelligence; Clíver Antonio Alcalá Cordones, 58, former General in the Venezuelan armed forces; Luciano Marín Arango aka “Ivan Marquez,” 64, a member of the FARC’s Secretariat, which is the FARC’s highest leadership body; and Seuxis Paucis Hernández Solarte aka “Jesús Santrich,” 53, a member of the FARC’s Central High Command, which is the FARC’s second-highest leadership body.
This operation will be justified as executing the criminal warrant and responding to an international drug cartel, a very similar legal framework to the one used against Noriega. There is precedent supporting that earlier operation, which will now be used to defend the actions in Venezuela.
Here is part of the earlier description from the Justice Department of the indicted conduct:
“Maduro helped manage and ultimately lead the Cartel of the Suns, a Venezuelan drug-trafficking organization comprised of high-ranking Venezuelan officials. As he gained power in Venezuela, Maduro participated in a corrupt and violent narco-terrorism conspiracy with the Revolutionary Armed Forces of Colombia (FARC), a designated Foreign Terrorist Organization. Maduro negotiated multi-ton shipments of FARC-produced cocaine; directed the Cartel of the Suns to provide military-grade weapons to the FARC; coordinated with narcotics traffickers in Honduras and other countries to facilitate large-scale drug trafficking; and solicited assistance from FARC leadership in training an unsanctioned militia group that functioned, in essence, as an armed forces unit for the Cartel of the Suns. In March 2020, Maduro was charged in the Southern District of New York for narco-terrorism, conspiracy to import cocaine, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.”
Democratic members quickly denounced the operation as unlawful. They may want to review past cases, particularly the decision related to the Noriega prosecution after his capture by President George H.W. Bush in 1989.
Representative Jim McGovern (D., Mass) declared:
“Without authorization from Congress, and with the vast majority of Americans opposed to military action, Trump just launched an unjustified, illegal strike on Venezuela. He says we don’t have enough money for healthcare for Americans—but somehow we have unlimited funds for war??”
Trump does not need congressional approval for this type of operation. Presidents, including Democratic presidents, have launched lethal attacks regularly against individuals. President Barack Obama killed an American citizen under this “kill list” policy. If Obama can vaporize an American citizen without even a criminal charge, Trump can capture a foreign citizen with a pending criminal indictment without prior congressional approval.
Ordinarily, the Vienna Convention on Consular Relations and other international agreements require the United States to notify the embassy of a foreign national arrested and held in the United States. Notice seems a tad superfluous in this case.
In his appeal, Noriega argued that his arrest violated international law under the head-of-state immunity doctrine. The district court rejected Noriega’s head-of-state immunity claim because the United States government never recognized Noriega as Panama’s legitimate ruler — an argument that will be made in the Maduro prosecution.
The United States for the Eleventh Circuit also rejected the immunity claim.
Noriega also argued that his capture violated the Treaty Providing for the Extradition of Criminals, May 25, 1904, United States of America-Republic of Panama, 34 Stat. 2851 (“U.S.-Panama Extradition Treaty”). The Supreme Court’s decision in United States v. Alvarez-Machain, 504 U.S. 655 (1992), however, was found to bar this argument. The issue was whether he was abducted to the United States with a superseding extradition treaty. The Eleventh Circuit held:
The article of the U.S.-Panama Extradition Treaty upon which Noriega relies for his extradition treaty claim contains almost the same language as the provision of the U.S.-Mexico Extradition Treaty at issue in Alvarez-Machain. See U.S.-Panama Extradition Treaty, art. 5 (“Neither of the contracting parties shall be bound to deliver up its own citizen or subject ․”)…
Under Alvarez-Machain, to prevail on an extradition treaty claim, a defendant must demonstrate, by reference to the express language of a treaty and/or the established practice thereunder, that the United States affirmatively agreed not to seize foreign nationals from the territory of its treaty partner. Noriega has not carried this burden, and therefore, his claim fails.
The Noriega case offers ample support for the Trump Administration, which has had an outstanding arrest warrant for over five years. He is not viewed as the duly elected leader of Venezuela and has been tied to a criminal drug cartel.
The action will also have a major impact on foreign policy. The Monroe Doctrine just became the Trump Doctrine. This action not only confronted Venezuela but also Cuba, which was supplying the security around Maduro. Presumably, Cuban security may have been involved in the firefight. While cutting off vital oil to Cuba, the Trump Administration just delivered a blow against the Cuban regime — arguably one of the most stinging defeats since crushing the Cuban forces in Grenada in 1983.
Legally, Trump has the upper hand in this case. Maduro will replay the arguments from the Noriega case. However, he presents an even weaker case on the merits under the controlling precedent than did Noriega.
N.B.: This column also appeared on Fox.com
“This operation will be justified as executing the criminal warrant and responding to an international drug cartel, a very similar legal framework to the one used against Noriega.”
— On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the prime minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel.”
So when are we going after them?
Seems like genocide carries a little more weight than drug smuggling, …then again, not with this crowd, …huh?
We know you are too impaired, arrogant, and ignorant to get your facts right, so I will simply correct the stupidity from above. Israel completely complied with the rules of war even though they were dealing with terrorists who hid among women and children. The only genocide committed was the genocide of your brain cells caused by cheap alcohol that may have lacked a known brand name.
My facts are right. There is still a warrant for his arrest, whether murderers and those who cheer murder, like yourself, want to admit it. God is not on “our side”. As Tucker Carlson correctly points out, we need to choose to be on Gods side. And I don’t drink, son. I follow the teachings of Christ, not murderers and those who cheer it on.
You sound the opposite of what you are, and the wild ideas that rise from your head would be better left buried in your hole.
True to form, when S. Meyer is presented with actual verifiable facts, his only response is to resort to churlish insults accusing the bearer of such facts of being an alcoholic.
This has been a constant theme in Meyer’s responses for years. This is clearly projection of his own unfortunate intemperance and indulgences with the demon alcohol, with which he is intimately familiar.
The fact that Congress didn’t prosecute Obama for murdering US Citizens illegally doesn’t make it legal for Trump to kidnap foreign leaders.
Furthermore, kidnapping a foreign leader is an act of war if ever there was one. The US is used to being a bully and thus used to being able to get away with it, or receiving only light responses, as when the US killed Iranian General Soleimani. But the Constitution says only Congress can declare war, and that means it’s illegal for the US President to start wars without congressional approval… such as by assassinating or kidnapping foreign leaders. This is not complicated. However, we’re so used to having unaccountable leaders and cowardly representatives that it’s easy to get confused.
Never forget that it’s possible to live without this kind of corruption, where all the leaders actually serve the people instead of themselves.
My opposition to the actions taken in Venezuela stems from the fact that there is no uniform foreign policy. How can President Trump and his Cabinet justify the actions against Venezuela; when he pardoned and commuted the prison sentence of the former Honduran President, a conservative, despite the fact that the Honduran President had been convicted on drug offenses including narco–terrorism by a federal court in the United States following his extradition to the United States in a legally sound trial and appellate process.
When did “arresting a criminal” become “kidnapping”?
Hickory
Forcibly taking into custody the fugitive of a federal warrant is not kidnapping. Blowing up narco terrorists boats laden with drugs is legal as we are fighting a war against these drugs cartels that are destroying our countrymen. Do you know how many US servicemen were killed and maimed by Iranian General Solamani’s Royal Guard in Iraq and Afghanistan? He orchestrated the training and supplied triggering mechanisms to the Iraq and Afghanistan Islamic militias for their IEDs. I don’t think this will serve Trump, I think it will sere both the people of Venezuela and America.
Maduro was not an elected leader. He was a narco terrorist crime boss. Biden put a 25 mil bounty on his head. Now y’all are mad Trump delivered? You’re ridiculous.
Your facts are not true. First, Madura was not “kidnapped”. He was arrested for the horrific crimes charged. Also, Madura is NOT the recognized president of Venezuela, he did not win the election–he is the bully dictator of Venezuela. Again, the US is not the bully. I would say someone who stays in power against the will of his own people is the bully. Maduro is the narco-bully, militarizing an army to run his drug empire. Maduro, along with his predecessor, Chavez, ruined, through being a bully, one of the economic and social bright spots in South America. Mr. Hickory, WE are NOT the bullies. Let’s untwist your mangled facts.
Here’s another Hitler comparison: Germany’s need for oil was a major factor in Hitler’s decision to invade Russia in 1941: Operation Barbarossa, launched on 22 June.
I suspect that Trump will not be encourage Delcy to sell oil to Putin until Putin agrees to a cease-fire in Ukraine.
It All Sounds Dumb From Here
Maduro’s capture was an impressive raid. But Trump says we’re going to control ‘all’ of Venezuela. Does that mean a trillion dollar invasion and occupation?
Trump also plans to control Venezuela’s oil industry. Which kind of sounds like theft. Like, “We’re just going to steal your biggest industry”.
Stealing all that oil seems rather clueless. After Trump derailed every wind and solar project. He’s not only falling back on old technology, but making oil central to U.S. foreign policy.
Hopefully the Senate will put the brakes on this. Before we drop a trillion on some mindless quagmire.
False predicates are wrong. learn to write. Be coherent.
“Which kind of sounds like theft.”
What you mean is that Trump is returning property that was stolen from Western oil companies (Exxon, Gulf Oil, Mobil).
Try to learn the facts about a country’s history before you spout off.
Yes. Correct
How did US oil get under Venezuelan soil?
Sheldon
It takes massive investment to locate, drill, install and maintain an oil platform. Then there comes the pipeline that conveys the crude to a tank farm. Billions of dollars investment to create the capture of the crudethen conveyance to the refinery, another mutibillion dollar investment or to a tanker at a deep water port.
After derailing solar and wind projects that were taxpayer ripoffs that failed miserably to generate enough electricity to power America one day…
OMGoodness. WE are NOT the thieves. Please check your facts! We would be reclaiming oil assets that were stolen from Exxon and Conoco Philips by Chavez and Maduro
X says James, huh? You’re not making any sense trying to make sense.
Mirrors terrify X – he would see himself as everyone here sees him. X/George: the greatest insult isn’t your daily lying, denying diverting and smearing your feces on our host here Professor Turley and the rest of us.
No, the greatest insult is your belief that we are just as mentally incompetent and stupid as the Democrats who believe all those lies you copy and paste here from Obama, Biden, Comey, Mayorkas, Harris, Pelosi et al.
That’s the greatest insult within the lies and hatred you throw at Professor Turley and the rest of us here every day.
“Trump Talks Tough about Venezuella, But Admires thugs and dictators like Nicholas Maduro
As President I will stand with the Venezuellan People and Democracy”
@JoeBiden
2020
In Other News: “USAF Plays Woody Allen Film ‘Bananas’ as In-Flight Movie During Maduro’s Transport to US”
~+~
After arriving in the US, Maduro jokingly yelled out “Snake bite!!! Snake Bite..” as he chased down a female reporter.
In other news reported by the Bee, Dems are apparently confused as to why thousands of Venezuelans are cheering the downfall of nice, warm collectivism.
Yes, that was pretty good. I especially liked this Christmas one:
https://babylonbee.com/news/dad-disappointed-as-thompson-submachine-gun-shaped-box-turns-out-to-be-socks
Tonight they’re cheering colonialism over dictatorship
michael molovinsky says: Tonight they’re cheering colonialism over dictatorship
Mikey The Libertarian hasn’t gotten over the terminal dose of White Guilt he contracted from the Obama candidacy back in 2007. Mike was infected by White Guilt while confirming his support for the Second Amendment – right beside praising Hilly Clinton for her “pragmatic gun control policies”… like outlawing semiautomatic rifles while honoring the Second Amendment.
Oh – and praising Obama for his foreign policy chops he earned while enabling and funding Iranian terrorism at the same time they were killing Americans in Afghanistan and around the world.
Mikey’s confusion over the normal meanings of words might explain why his blog has failed along with his political ambitions to be elected to city council in Allentown.
anon@1:27: Thank you for your interest in me, but your research skills are, like your political conclusions, questionable. I’m an established conservative independent, who has never supported a Democratic candidate, but may in the future if this congress doesn’t assert itself. BTW, Molovinsky On Allentown is quite a successful blog, and I have not run for city council. At least Trump rants about Biden, but you’re still upset about Clinton. The Venezuelan people apparently will have to live under American control for the foreseeable future. Their oil is officially no longer theirs. We’ll see how their ex-patriots in Miami feel next year, and the year after.
False,
But, lets presume that it is true – In Africa the end of colonial rules has been disasterous.
It has resulted rotten dictatorial govenrment loss of freedom, greater poverty and starvation, and wars and civil wars.
Maduro is in Brooklyn. Maybe he’ll be able to take in a Knicks game.
As he he fits all of the requirements, Maduro is being prepped as the democrat nominee for president 2028.
BREAKING:
Hegseth Says U.S. Will Secure Venezuela’s Tequila Distilleries
Time to rebuild Venezuela’s crumbling tequila infrastructure for the good of all mankind.
Oh, Thank God, that was my biggest worry
LAME as usual from ANON!
Breaking Even Harder:
Bill Clinton is asking if there were any minor orphans the foundation could fund raise for!
Leftists in America love murdering dictator thugs who steal elections, murder they opposition, impoverish their entire country, and traffic illegal narcotics. That’s why they’re so sad here in America while Venezuelans who escaped the murdering thug Maduro are full of joy. F— all you left-wing losers who love evil and hate good. F— you all.
It was Trump who rolled out the red carpet for a murderous dictator.
When was Obama at the White House?
…and 15 Saudi Arabian, 2 Emiratis, 1 Egyptian, and 1 Lebanese terrorists killed 3,000 Americans on 9/11, 1 Saudi king brutally disarticulated an American journalist, and Xi Jinping and the Communist People’s Republic of China killed 8 million people and owes 195 nations of the world $150 trillion (to be increased) in recompense, etc.
Beer for My Horses
Toby Keith, 2002
Willie, man, come on the 6 o’clock news
Said somebody’s been shot, somebody’s been abused
Somebody blew up a building, somebody stole a car
Somebody got away, somebody didn’t get too far, yeah
They didn’t get too far
Grandpappy told my pappy, back in my day, son
A man had to answer for the wicked that he done
Take all the rope in Texas find a tall oak tree
Round up all them bad boys, hang them high in the street
For all the people to see
We got too many gangsters doing dirty deeds
Too much corruption, and crime in the streets
It’s time the long arm of the law put a few more in the ground
Send ’em all to their maker and he’ll settle ’em down
You can bet he’ll set ’em down
‘Cause justice is the one thing you should always find
You got to saddle up your boys, you got to draw a hard line
When the gun smoke settles we’ll sing a victory tune
We’ll all meet back at the local saloon
And we’ll raise up our glasses against evil forces singing
Whiskey for my men, beer for my horses
Whiskey for my men, beer for my horses