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.
On December 20, 1989, President George H.W. Bush sent armed forces into Panama, captured its dictator, Manuel Noriega, and brought him back to the U.S. to face drug trafficking charges. Noriega was eventually tried and convicted. His lawyers made every argument they could conceive of, and federal courts rejected them all.
The parallels are striking. Key to Noriega’s case were two facts, both of which are mirrored in Maduro’s.
