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Was Trump’s Venezuela Attack Legal?
Following U.S. military actions in Venezuela, President Donald Trump speaks to the press at his Mar-a-Lago residence in Palm Beach, Florida, on January 3, 2026. (Jim Watson/AFP via Getty Images)
There’s a direct precedent for arresting Maduro, and courts have repeatedly upheld the president’s powers.
By Jed Rubenfeld
01.03.26 — U.S. Politics
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In a swift and stunning surprise attack early Saturday morning, U.S. forces landed in Venezuela, captured its self-proclaimed president, Nicolás Maduro, and put him and his wife, Cilia Flores, on a ship and then a plane bound for America, where they will face trial for drug trafficking.

Critics are condemning this operation, especially because it lacked approval from Congress. The New York Times editorial board criticized it Saturday morning. New York City mayor Zohran Mamdani is among the many Democrats who have condemned it. He called the operation illegal and an “act of war.”

But what does the law actually say? Here’s the answer. Under current U.S. doctrine and precedent, what President Donald Trump just did in Venezuela is almost certainly legal; in fact, the U.S. did the very same thing in Panama four decades ago, and the courts upheld it after years of litigation and careful consideration. But Trump’s plan to “run” Venezuela for the foreseeable future, declared at a press conference earlier today, is much murkier.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Donald Trump
Law
Foreign Policy
Venezuela
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