It can fairly be said that the most precarious jobs in the world are those of a golf ball collector at a driving range, a mascot at a Chuck E. Cheese, and a Trump Administration lawyer.
That was evident at the press conference yesterday as President Donald Trump blew apart the carefully constructed narrative presented earlier for the seizure of Venezuelan President Nicolás Maduro and his wife, Cilia Flores. Some of us had written that Trump had a winning legal argument by focusing on the operation as the seizure of two indicted individuals in reliance on past judicial rulings, including the decisions in the case of former Panamanian dictator Manuel Noriega.
Secretary of State Marco Rubio and General Dan Caine stayed on script and reinforced this narrative. Both repeatedly noted that this was an operation intended to bring two individuals to justice and that law enforcement personnel were part of the extraction team to place them into legal custody. Rubio was, again, particularly effective in emphasizing that Maduro was not the head of state but a criminal dictator who took control after losing democratic elections.
However, while noting the purpose of the capture, President Trump proceeded to declare that the United States would engage in nation-building to achieve lasting regime change. He stated that they would be running Venezuela to ensure a friendly government and the repayment of seized U.S. property dating back to the government of Hugo Chávez.
This city is full of self-proclaimed Trump whisperers who rarely score above random selection in their predictions. However, there are certain pronounced elements in Trump’s approach to such matters. First, he is the most transparent president in my lifetime with prolonged (at times excruciatingly long) press conferences and a brutal frankness about his motivations. Second, he is unabashedly and undeniably transactional in most of his dealings. He is not ashamed to state what he wants the country to get out of the deal.
In Venezuela, he wants a stable partner, and he wants oil.
Chávez and Maduro had implemented moronic socialist policies that reduced one of the most prosperous nations to an economic basket case. They brought in Cuban security thugs to help keep the population under repressive conditions, as a third fled to the United States and other countries.
After an extraordinary operation to capture Maduro, Trump was faced with socialist Maduro allies on every level of the government. He is not willing to allow those same regressive elements to reassert themselves.
The problem is that, if the purpose was regime change, this attack was an act of war, which is why Rubio struggled to bring the presser back to the law enforcement purpose. I have long criticized the erosion of the war declaration powers of Congress, including my representation of members of Congress in opposition to Obama’s Libyan war effort.
The fact, however, is that we lost that case. Trump knows that. Courts have routinely dismissed challenges to undeclared military offensives against other nations. In fairness to Trump, most Democrats were as quiet as church mice when Obama and Hillary Clinton attacked Libya’s capital and military sites to achieve regime change without any authorization from Congress. They were also silent when Obama vaporized an American under this “kill list” policy without even a criminal charge. So please spare me the outrage now.
My strong preferences for congressional authorization and consultation are immaterial. The question I am asked as a legal analyst is whether this operation would be viewed as lawful. The answer remains yes.
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 (which is often an uncertain proposition), Trump will win on the right to seize Maduro and bring him to justice.
But then, how about the other rationales rattled off at Mar-A-Lago? In my view, it will not matter. Here is why.
The immediate purpose and result of the operation was to capture Maduro and to bring him to face his indictment in New York. That is Noriega 2.0. The Administration put him into custody at the time of extraction with law enforcement personnel and handed him over to the Justice Department for prosecution.
The Trump Administration can then argue that it had to deal with the aftermath of that operation and would not simply leave the country without a leader or stable government. Trump emphasized that “We’re going to run the country until such time as we can do a safe, proper and judicious transition.”
I still do not like the import of those statements. Venezuelans must be in charge of their own country and our role, if any, must be to help them establish a democratic and stable government. Trump added that “We can’t take a chance that somebody else takes over Venezuela that doesn’t have the good of the Venezuelan people in mind.”
The devil is in the details. Venezuelans must decide who has their best interests in mind, not the United States.
However, returning to the legal elements, I do not see how a court could free Maduro simply because it disapproves of nation-building. Presidents have engaged in such policies for years. The aftermath of the operation is distinct from its immediate purpose. Trump can argue that, absent countervailing action from Congress, he has the authority under Article II of the Constitution to lay the foundation for a constitutional and economic revival in Venezuela.
He will leave it to his lawyers to make that case. It is not the case that some of us preferred, but it is the case that he wants to be made. He is not someone who can be scripted. It is his script and he is still likely to prevail in holding Maduro and his wife for trial.
N.B.: This column appeared on Fox.com
Presidents are loathe to involve Congress because it leaks like a sieve and is the equivalent of herding cats. Even the gang of eight has leaked highly classified materials. They’ll use an intern or staff member do their dirty work so they can plausibly deny. Remember what Comey did?
Here are the 10 kingdoms that Trump is pushing for as every hotspot in the world needs to be brought under submission to the globalists to form their 10 kingdoms:
https://image1.slideserve.com/1712404/1973-club-of-rome-regions-l.jpg
This has all been prophesied 1000s of years ago with America as the harlot riding her UN~beast!:
https://sumofthyword.com/2021/01/07/mystery-babylon-the-great-and-her-beast/
In our history, we have traveled from one
Congratulations to our law enforcement, alphabet agencies and our Military for working in harmony to execute a successful plan.
Agreed, but putting Trump’s bluster aside, assuming the rightful president and new administration simply ask for our help in rebuilding (which seems logical they would), that eliminates the whole constitutional question. On paper we aren’t “running the country”, but in practice would be. Same net positive result for both sides, with less yelling and screaming.
Turley claims it was still lawful even when dressed up as a law enforcement operation. The problem is that no one else in the world outside of the US legal system accepts US legal claims to extra-territorial jurisdiction. That was the nonsense in the 2020 indictment of including supposed offences against US automatic weapon laws. Coupled with the appalling historic US legal system’s failure to consider the lawfulness and due process of a suspect being presented in court – how many Venezuelans were killed in the operation, lawfully defending their sovereign territory against soldiers mounting an aggressive operation – that means that whilst I have no doubt that the despicable Maduro will be tried and found guilty, it does not make the US’s closest allies feel any happier about the legality of the operation. Trump has given a green light to Putin, Xi, Kim and anyone else to grab what they want. Bear in mind that Bush was VERY careful not to prosecute Saddam or any of his cronies under US law; they were quite rightly handed over to the new Iraqi authorities for prosecution. There was no attempt to pretend that Saddam had broken US laws or that the US had any jurisdiction over him outside of the Geneva Convention responsibilities to safeguard him as a prisoner. The Regime Crimes Unit of the US Embassy did an excellent job helping the Iraqis build cases against the Baathists, but it was just help.
“Turley claims it was still lawful even when dressed up as a law enforcement operation. ” Precedent thanks to Obama.
That is not a legal precedent, something Turley should consider as a professor of law. If you prosecuted a mafia don, would a defence of “But Al Capone did it and was not prosecuted for that alleged offence,” be considered precedent? It is a political argument for certain, but not a LEGAL argument.
Either this was a military operation (unsanctioned by Congress), in which case shooting Venezuelan troops who got in the way of Delta Force would be legal, subject to proportionality and necessity considerations, or it was a law enforcement operation, in which case shooting them is not lawful if the purpose and identity of the US forces has not been declared in advance. You cannot justify a military operation to facilitate a law enforcement operation and magically sidestep the burdens, legal and political, that a military operation bears. And as Turley says, The Orange One’s statements about “running the country” and seizing the oil totally shred the “law enforcement” narrative even if one accepted (which no one outside of the US does) that the US had any jurisdictional right to conduct a law enforcement operation.
This is where Trump is running a huge risk. The US intelligence agencies are very impressive and still the most capable in the world. But even they rely on allied nations for coverage and access. Attorney Generals of said allies are going to clamp down on such assistance being provided if they perceive it being exploited for purposes unlawful in international law. It matters not for Venezuela, where, say, of the Five Eyes community, only the US has an interest. But wider drug smuggling in the Caribbean, where the Dutch, French and UK have territorial responsibilities? The eastern Med? The Gulf? Russia? The Pacific?
“That is not a legal precedent,…” Are you a constitutional lawyer? Just asking for a friend.
That is not a legal precedent, something Turley should consider as a professor of law.
And you, with your dirty underwear showing with references to “the orange one” know nothing of law to argue with Turley or flex about when you self identify as “One Of Biden’s Bolshevik Useless Idiots”.
The last time we heard this “This is where Trump is running a huge risk” is when you proclaimed just over six months ago that Trump destroying the Mad Mullah’s nuclear weapons factory was a huge risk that would inevitably become World War 3.
What will you use as grounds for your next episode of going full auto belt fed Karen when Trump DOESN’T take Venezuelan oil that does not belong to US companies, just as he hasn’t taken oil from Iran?
I don’t recall claims that Saddam broke any U.S. laws. There is ample evidence that Maduro was a drug and human trafficker and smuggled both drugs and people into the U.S.
Well, apart from the alleged assassination plot versus Bush senior post Desert Shield/Storm…
Even then, Bush junior was not stupid, and did not try to make Saddam’s removal a sham “law enforcement” issue. He did everything he could to justify his actions via international law and the UN, which is why so many other countries were happy to join the coalition. Those same countries will not be queuing up to help Trump’s regime.
It is funny how DJT loves labelling people “RINOs”. Arguably, compared to the likes of Reagan, and Bush pere et fils, he is the RINO.
Anon
Did a potential Iran and Iraq Islamic Shiite union have any thing to do with the war plan?
Those same countries will not be queuing up to help Trump’s regime.
This regime that your Democrat Ouija Board (you should return that thing for a warranty check) has you telling us Trump is going to set up in Venezuela… will it be identical to the one he set up in Iran after destroying their nuclear facilities? Or more like the Trump regimes he set up in the Middle East with his Abrahamic Accords?
Y’know, if Trump did just 1% of what you howling BBBBUUUTTTT…. MUH TRUMPPP!!!! crowd lie and insinuate he was going to do, he couldn’t have even hoped to win the primary, much less the presidential election.
no one else in the world outside of the US legal system accepts US legal claims to extra-territorial jurisdiction.
This is true. So what? No one else in the world has to approve it.
And Congress is not automatically entitled to a say in advance. It gets its say later. If the operation goes all pear-shaped and turns into a quagmire, Congress can impeach the president for it. If it succeeds then everyone is happy and Congress will congratulate the president and move on, and that makes it OK.
I also wonder out loud, was this also a means to put pressure on Putin to release Ukraine???????
bcofdt13 — No,
Are forever wars okay if they happen in the Western hemisphere?
It was 3 hours. Not forever.
How many three hour wars will there be?
You’ll have to contemplate. Once you get an answer, let us know.
Let me see, 3 gozinta 24 8 times. That’s 8 wars in one day Uncle Jed! Now, where’s Ellie Mae?
How many three hour wars will there be?
As many as Trump feels like having. So long as they’re all 3-hour wars, no one will object.
Are forever wars okay if they happen in the Western hemisphere?
Do “forever wars” happen because the civilians at home decide to allow the politicians at home to push aside the professional military leaders who are running the war with the single main objective of war: to close with and destroy the enemy in all phases of battle”.
And then continue watching from the sielines while allowing their politicians, each his own Napoleon, make deals on what the military will be doing (other than destroying the enemy) to carry out activities that make those politicians look good in their home districts for their voters?
It’s hard for civilians whose only exposure to war was to sit in comfort crying about the cost of wars to think logically about what fighting a war with the sole purpose of winning it should look like.
There’s a reason that when Obama diverted our warfighting into partnering with and pushing ISAF democracy projects and nation building, that the troops said in Babylon Bee fashion that ISAF now stood for “I Should Ask First”.
Didn’t President Epstein barf repeatedly about nation-building and policing other countries. Terrible poll numbers = Venezuelan Squirrel!
I guess Maduro should have focused on cocaine instead, like the divinely pardoned Hernandez with his 400 tons and America First–affiliation with El Chapo.
What the hell does President Clinton have to do with this?
Leaving all other considerations aside, it was the right thing to do. People who think Trump shouldn’t have intervened should also believe we shouldn’t have intervened in WW1 or 2. There is such a thing as right and wrong. I speak Spanish and I’ve been listening to venezuelans talk about desaparecidos, women and children being disappeared and reappeared without their heads and/or organs. Maduro’s regime was a terrorist regime. We have this power and I fully support the President using it for good, as he recently did in Nigeria. I hope Cuba and Brazil are next.
I, too, wish that Trump would stay on message, but then he wouldn’t be Trump.
My fear, which is more of a dread/certainty, is that some bought and paid for judge in NY will free Maduro.
Thanks professor for another insightful column.
Worse things happen in Russia.
Yes, they do. So what? We’re not the world’s policeman, and have no duty to fix every bad thing that happens in the world. We do what we can easily and conveniently do, and what serves our interests.
I wonder what possible good entering WW 1 did for the US ?
WW 2 was thrust upon us.
Please focus: 2023 Jan. 03.
I wonder what possible good entering WW 1 did for the US ?
Most would call our involvement being thrust on us with the discovery of Germany attempting to convince Mexico to invade the USA… and other assorted points of skulduggery.
Given that we only (and happily) had boots in trenches for the last 37 weeks of that five year war, the cost was not all that great to compared to other potential eventualities.
And the result is we finished that war with the moral imperative to replace Britain as the financial capital of the world.
You are the economic beneficiary today of our brief participation in the battles of WWI.
Russia isn’t do so well economically, either. Plus, it does indeed have weapons of mass destruction (the excuse given for the Iraq War), so Trump should go to war with Russia, too, just to remain consistent, because consistency is so important, as evidenced by how people like to call you a hypocrite for not being consistent.
Russia isn’t do so well economically… you’ll need fact to confirm that statement. MSM is not a source of reliable info.
The part I don’t hear the left talking about. Maduro had all these great Russian air defense systems.
I guess they for got to turn them on. Or they are not that great after all.
Plus, it does indeed have weapons of mass destruction (the excuse given for the Iraq War)
It should be embarrassing for self-identifying experts on the Iraq war to claim that WMDs were “the excuse” for RESUMING our ongoing war with Iraq.
They should at least read the bipartisan Resolution to resume full operational hostilities that passed in both the House and Senate to approve resumption of that war: it enumerates every single reason that was approved – not just WMDs that the self-professed experts claim was “the excuse”.
Would you like to be provided with the entire list of reasons that led to approval for resumption of full combat operations, Karen?
The people who like Trump would have liked Hitler, too.
https://en.wikipedia.org/wiki/Case_Blue
That makes no sense whatsoever.
It does if you approach it at just the right angle.
It does if you are wearing the special goggles.
Millhouse
Yes it doesn’t, it’s crystal opaque!
Had construction of the Keystone XL pipeline been allowed to finish, heavy Albertan crude would now be flowing to the Gulf refineries that once relied on heavy crude floated over from Venezuela. So the motivation to invade can be attributed to Joe Biden’s policies
Joe, of course, emulated Adolf Hitler by spending vast sums of money we did not have on infrastructure, to encourage full employment. Germans got the Autobahn in exchange for this foolishness — it is not clear what Americans got.
Was does Hitler have to do with Venezuela?
“Joe, of course, emulated Adolf Hitler …” So Hitler was an American president and like all American presidents he preached deficit funding? Good one.
Hitler had his bananas imported from Venezuela.
And his coke too?
In a different time line, Hitler slipped on a banana peel and died from a concussion, averting the disaster of World War 2.
A tinfoil hat is recommended.
No, people who like mandami would have loved Hitler.
Is mandami using military force to secure oil?
No, but he just initiated the next geocide of Jews.
Is mandami using military force to secure oil?
No, he’s using his position as the Communist Mayor Of New York to proclaim Trump should properly release Maduro and let him go back to Venezuela to continue being a fellow communist who’s the dictator killing Venezuelans.
BTW… is our Grindr date still on for tomorrow morning?
Really? So what does that make the Americans protesting in the streets to “Free Maduro”?
I was near the Boston Common yesterday and saw a small group of grifters protesting Maduro’s arrest.
But no South Americans.
The dems sure are protesting to release Maduro.
Not surprised though.
The people who like Trump would have liked Hitler, too.
The Democrats’ New Hitler Youth Movement supporting Hamas finishing what Hitler started always claim Trump would like Hitler like they do – except Trump The Traitor left their Democrat party and became a Republican.
And that’s why they do the laughable Democrat Dump To Distract And Disappear… by-by sonny….
A long citation you haven’t read isn’t an argument; it’s how trolls pretend to think.
I think the real issue for students of international law is his proclamations about their/our oil. Legally, perhaps American corporations were entitled to more reparations, but are we allowed to just take it out their pocket?
Your phrasing in the first sentence is duplicitous. That negates any answer.
No one has taken anything out of “their pockets”. Have you in fact proofed to see if any corporation in fact sued Venezuela for steeling Am. Corp assets?
Let us know.
Prior to this attack on Caracas, we seized at least one tanker, and Trump said that the oil would go to our strategic reserves. At the press conference yesterday, he was very clear about our companies coming in and taking the oil. I believe that is from “their pocket” to ours.
The oil tanker seized by the U.S. under President Trump’s administration was taken under a judicial seizure warrant. Attorney General Pam Bondi stated that the FBI, Homeland Security Investigations, and the U.S. Coast Guard executed a seizure warrant for the vessel, which had been used to transport sanctioned oil from Venezuela and Iran.
The operation was conducted with support from the Department of Defense , and the warrant was issued by a federal court. The White House confirmed the seizure was based on the vessel being a “shadow vessel” operating in violation of U.S. sanctions.
Sounds like it’s Iranian oil shipped through Venezuela to sell to Cuba. So the oil isn’t Venezuela oil anyway, sanctioned oil from Iran.
Stranglehold baby!
Why should they not get their property back, like any stolen property?
Maduro/Chavez supporters have had power and privilege for decades. They are unlikely to give it up without a fight.
Trump has an obligation to mitigate chaos and avoid civil war in Venezuela.
Any thoughts on how to do it?
Send them the Minnesota Governor, Ilhan Omar and all the grifting Somalians! That will fix their asses. The gift grift that keeps on grifting
Um, I would think Maduro’s prisons are full of knowledgeable opponents who can help organize a new government. Plus there’s our latest Nobel Peace Laureate. She’s a great place to start.
She does not have the experience and skills to run a corrupt government. She’s just a vocal oppositionist. Trump will find the right leaders.,
He could start by asking the UN for qualified candidates.
Ano
He could start by asking the UN for qualified candidates.
___________________
Tell me that’s a joke. Right?
Trump is doing the right thing. It will take a while to find and turn over control of the country to a person who is capable and has the best interests of the population in mind. Dictators tend to eliminate the competition.
The average length of time it took for the United States to return countries it took over and controlled is 35 years and growing, given we never returned Puerto Rico.
The Philippines (1898–1946)
Cuba (1898–1902)
Puerto Rico (1898-present)
Panama Canal Zone (1903–1979)
Haiti (1915–1934)
Dominican Republic (1916–1924)
Nicaragua (1912–1933)
Mainland Japan (1945–1952)
Ryukyu Islands/Okinawa (1950–1972)
South Korea (1945–1948)
Marshall Islands, Micronesia, and Palau (1947–1994)
enigmainblackcom says:The average length of time it took for the United States to return countries it took over and controlled is 35 years and growing, given we never returned Puerto Rico.
And Senator Biden said he didn’t want Darkies allowed to attend schools where his Pure Blood children attended. Was Obama/Biden/Clinton killing the very brown leader of Libya an attempt control Libya by proxy?
And if so… is that clock ticking?
Give us your best informed guest on how long you’re convinced Trump is going to occupy Venezuela for?
First day occupation American military boots deploy in Venezuela – pick a calendar date. Then the last month/year of American occupation.
In Other News, “Democrats announce ‘Operation Resolute Absolve’ to Free Maduro from Custody and Proclaim Him the Kindest, Bravest, Warmest, Most Wonderful Human Being Ever Known in Life.”
Darren
How true you’re comment could be.
The standard MSM “playbook” is to profile sympathetic figures who were better off by Maduro’s policies (and/or worse off now that he’s gone). Amplify and promote the h3ll out of those stories.
America is always the bad guy in the eyes of the MSM Demorat aligned media.
“However, returning to the legal elements, I do not see how a court could free Maduro simply because it disapproves of nation-building.”
I can. Any Biden or Obama appointed Judge will do
Why was Maduro taken to NYC?
I think it is because he was indicted there.
I don’t know, dragging a Democratic Socialist into the yard of the Democratic Socialist to lay the weight of justice on him, sends a good message to the new Mayor!😝
It’s comical watching Democrats scream in favor of a “KING” and “DICTATOR” and “AUTHORITARIAN” and “FASCIST” like Maduro, because they hate Trump more than they hate a murderous strongman in Venezuela. Now Democrats can join their dear friend Putin in criticizing President Trump.
Hard-core detractors hate Trump more than they love our country. Honest differences of opinions re policies have always been the American way; however, ignoring or purposely twisting facts is dishonest, and decidedly un-American. The cheap fall-back to “unconstitutional” and obvious double standards are evidence of blind hatred.
Trump gave the Democrats a huge talking point, that of nation building. Turley’s arguments are correct, but will they work? The Democrats have been playing the game of “resonance” for at least of ten years. It remains to be seen if this nation building maneuver resonates. It remains to be seen what the activist judges will do. It will torment China that wants to run the world, vis-a-vis Taiwan, not bring it to ruin.
Nation building? Its called restoring democracy in a country that had its democracy stolen from it by gangsters, aka socialists.
Why not do the same to Russia?
Sadly, The Orange One did not mention democracy once in his rambling statement. Instead, he declared that the US would be running the country, and waved his paw at Rubio et al when asked who exactly. He dismissed the internationally recognised opposition leader (the one who deservedly received the Nobel Peace Prize that his narcissism thought should go to him). None of that spells democracy. They even claimed that the Venezuelan VP was talking nicely to Rubio – the VP whose legitimacy is as doubtful as President Maduro’s was. Good luck divining democracy in all that…
Socialists are democratic as well, unless one is talking about National Socialists. You would do well to remember that it was the democratic socialist Attlee, rather than Truman, who was the first to perceive that after WW2, Stalin was a huge threat with whom one could no longer do business and that Roosevelt had been played repeatedly by “Uncle Joe.” (Churchill loathed Stalin and Bolshevism, but was pragmatic about working with the Soviets in the interests of defeating Hitler.) Truman got quite grumpy with Attlee for initiating counter-Soviet propaganda efforts, until George Keenan’s rightly celebrated telegram opened his eyes.
Sadly, The Orange One did not mention democracy once in his rambling statement. Socialists are democratic as well, unless one is talking about National Socialists.
Cue Bolshevik Barack and The Oval Office House Plant, and their Democrat police state fascism: sending two of his Attorney Generals and three of his FBI Directors to repeatedly perjure themselves in order to obtain unlawful spy warrants to deprive THOUSANDS of Americans of their civil rights through felony color of law.
That’s what Democrat “democracy” looks like when it comes from the Canyon Critters living in the depths of the Democrat Borg.
Hilariously, this Democrat Furry Tranny from the Alphabet Sex Pride Tribe Battalions thought this was like Rachael Maddow’s blog and he would get a standing ovation here for his BullSchiff and clever Orange Man Bad. So unique!!!!
Believing you will achieve credibility with a carefully crafted “The Orange One” is the height of narcissism: thinking your writing is so special that readers here will admire you even more than you admire yourself and your incredible and original wit.
Trump just forced the democrats into the position of agreeing with Vladimir Putin. Delicious!
Yes! The venue is unfortunate, but let’s hope that Jay Clayton, is up to the challenge.
Make Venezuela great again!
We pray for their safety and freedom.
Well done President Trump.
And lower gas prices.
“First, he is the most transparent president in my lifetime with prolonged (at times excruciatingly long) press conferences and a brutal frankness about his motivations.”
In other words, the good Professor BELIEVES what he says, but ignores what he does (mostly).
You must be X’s alter ego.
No idea how you came to that conclusion based on the quoted section. There seems to be a disconnect
What we have here is a failure to communicate.
Gobbledygook