The arrest of Venezuelan socialist dictator Nicolás Maduro by U.S. forces has prompted public statements from lawmakers, legal scholars, and policy commentators defending President Trump’s authority to carry out the operation without prior approval from Congress.
“Just got off the phone with @SecRubio,” Senator Mike Lee (R-UT) posted on X. “He informed me that Nicolás Maduro has been arrested by U.S. personnel to stand trial on criminal charges in the United States, and that the kinetic action we saw tonight was deployed to protect and defend those executing the arrest warrant.”
Lee contended that the military operation likely fell within the president’s constitutional powers. “This action likely falls within the president’s inherent authority under Article II of the Constitution to protect U.S. personnel from an actual or imminent attack,” he stated.
Maduro was indicted in the Southern District of New York on charges including narco-terrorism conspiracy, cocaine importation conspiracy, possession of machineguns and destructive devices, and conspiracy to possess machineguns and destructive devices. The original indictment was filed in 2020, accusing Maduro of leading the Cartel de los Soles — a criminal network alleged to have trafficked massive quantities of cocaine into the United States.
Wanted poster for Nicolás Maduro. (State.gov)
In a 2026 announcement, U.S. authorities confirmed that those charges would now proceed in American courts and stated that Maduro’s wife, Cilia Flores, was also indicted in the Southern District of New York. The arrest operation followed coordinated U.S. military strikes on multiple locations in Venezuela, including the Fuerte Tiuna military complex, long believed to house Maduro’s personal bunker.
Marc Thiessen, a Washington Post columnist and Fox News contributor, pointed to historical precedent: “All those complaining this was unlawful, George HW Bush did exactly the same thing in Operation Just Cause in Panama — all without an AUMF [Authorization for Use of Military Force] from Congress,” he said. “Ronald Reagan also invaded Grenada without an AUMF. So spare me the TDS about Trump trampling the Constitution and international law.”
Legal analyst and law professor Jonathan Turley remarked in an opinion piece:
The operation comes not long after the 37th anniversary of the capture of Manuel Antonio Noriega on Dec. 20, 1989. Noriega was convicted of drug and money laundering offenses and sentenced to 40 years in prison. He was tried in Miami.
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.
“Presidents, including Democratic presidents, have launched lethal attacks regularly against individuals. President Barack Obama killed an American citizen under this ‘kill list’ policy,” Turley added. “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.”
The Venezuelan regime has condemned the U.S. action, calling it an “invasion.” Defense Minister Vladimir Padrino López, also indicted by the U.S. for alleged drug trafficking, accused Washington of attempting a regime change under the guise of law enforcement. President Trump confirmed the capture of Maduro in a Truth Social post, stating he had been “flown out of the country” and that further details would be released at a Mar-a-Lago press conference, which has now taken place.
The Trump administration has indicated that it is weighing next steps for Venezuela. In a Fox News interview, Trump said his team is actively involved in determining the country’s political future. “We can’t take a chance on letting somebody else run it and just take over where he left off, so we’re making that decision now. We’ll be involved in it very much,” he said.
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