GREGG JARRETT: No, Trump's order to snatch Maduro was not illegal or unconstitutional

To the astonishment of nary one, Democrats reflexively denounced Trump’s daring middle-of-the-night drawback of Venezuelan dictator Nicolas Maduro and his wife.  

If Joe Biden, who offered a $25 cardinal reward for Maduro’s arrest, had done what Trump did these aforesaid politicians would beryllium organizing a ticker-tape parade.  

Their condemnation of Trump has thing to bash with the law, though they unreal that it does. Instead, it is transparently driven by their contempt for a president that they despise.

Venezuela's President Nicolas Maduro successful a representation edit successful beforehand of MDC Brooklyn. (Juan Barreto/AFP via Getty Images and  Selcuk Acar/Anadolu via Getty Images)

Bereft of reason, they reason immoderate Trump does adjacent if it conforms to their antecedently expressed beliefs.

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Almost successful unison, Democrats decried Trump’s enactment arsenic "illegal", "unjustified" and "unconstitutional." Many insisted that helium was required to question support from Congress.  

None of that happens to beryllium true. 

Inherent Constitutional Authority

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The president is empowered by the U.S. Constitution arsenic commandant successful main of the equipped forces to nonstop subject enactment to support Americans, fortify U.S. interests, and support our nationalist security.  

The scourge of drugs emanating from Venezuela has agelong been poisoning our citizens. Our authorities estimates that astir 200 to 250 metric tons of cocaine is shipped retired of the Latin American state annually. America, by virtuousness of its prosperity, is simply a favored destination.  

On this ground alone, the incursion into Caracas was legal, justified, and legitimate.

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For years, Maduro has led the notorious Cartel de los Soles, a convulsive cause cartel that is designated by the U.S. arsenic a overseas violent enactment liable for murders, torture, and crimes against humanity truthful egregious that adjacent the United Nations recognized it.

Venezuela's President Nicolas Maduro speaks during the Meeting of Jurists successful Defense of International Law astatine the Eurobuilding Hotel successful Caracas connected November 14, 2025. (left); US President Donald Trump during a prime-time code to the federation successful the Diplomatic Reception Room of the White House successful Washington, DC, US, connected Wednesday, Dec. 17, 2025. (right) (Federico Parra/AFP via Getty Images (left); Doug Mills/The New York Times/Bloomberg via Getty Images (right))

Article II, Section 2 of our Constitution vests inherent powers successful the president to unilaterally bid equipped forces into subject actions. His bid authorization is supreme, and helium whitethorn behaviour campaigns and deploy operations by his ain judgment.  

Short of a ceremonial declaration of war, a president does not request anterior authorization from Congress to act. That rule is embedded successful our Constitution and has been upheld by the U.S. Supreme Court since the aboriginal founding of our Republic.

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In much modern times, the president’s authorization implicit equipped enactment has lone expanded. Cases involving Truman, Clinton, and Obama solidified statesmanlike powerfulness to nonstop subject operations without legislature consent. 

Trump had each ineligible and law close to support the United States against the transport of deadly illicit drugs and to apprehension the antheral astir liable who has been federally indicted for galore crimes. 

And no, Trump did not interruption the War Powers Act arsenic immoderate of his critics person alleged. The solution that was passed successful 1973 stipulates a reporting request to Congress wrong 48 hours of deploying forces into hostilities. It is not a prohibition to act.

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Indeed, it implicitly recognizes a president’s inherent powerfulness to usage subject unit without circumstantial legislature approval. Every azygous American president has done truthful since the extremity of World War II.  Trump is nary exception.  

The "Take Care Clause"

The president has different authorization astatine his disposal. The "Take Care Clause" successful Article II, Section 3 of the Constitution mandates that the president "shall instrumentality Care that the Laws beryllium faithfully executed."

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To enactment it simply, Trump is duty-bound to guarantee that each national statutes are enforced. This includes the apprehension, arrest, and prosecution of wanted fugitives who are criminally charged with U.S. crimes and indispensable beryllium brought to justice.

People respond to the quality of the seizure of Venezuelan President Nicolas Maduro, aft US subject actions successful Venezuela this morning, successful Doral, Florida, adjacent Miami, connected January 3, 2026. Venezuelan President Nicolas Maduro arrived Saturday evening astatine a subject basal successful the United States aft his seizure by US forces successful Caracas. Maduro was seen surrounded by FBI agents arsenic helium descended the boarding stairs of a US authorities level astatine a New York authorities National Guard facility, and was dilatory escorted on the tarmac.  ( GIORGIO VIERA / AFP via Getty Images)

Effectuating the apprehension of Maduro qualifies arsenic enforcing each laws. Just due to the fact that the accused is the de facto caput of authorities successful different state does not spend him extortion oregon immunity from the agelong limb of American law. That is written nowhere. 

U.S. Secretary of State Marco Rubio described Maduro arsenic "a fugitive of American justice." Given his equipped protection, subject troops were indispensable to execute his arrest. According to Trump, the "operation was done successful conjunction with U.S. instrumentality enforcement."

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This was besides the lawsuit successful 1990 nether astir identical circumstances.    

Then-President George H. W. Bush ordered the subject to seizure Manuel Noriega, the corrupt dictator of Panama who was indicted connected cause trafficking charges and endangering U.S. citizens. After a astonishment subject cognition successful the country’s capital, helium was taken into custody and spirited backmost to the U.S. for trial.

Noriega’s ineligible squad of defence attorneys vigorously challenged some his apprehension and America’s ineligible authorization to effort him. Those maneuvers failed, on with his assorted claims of immunity. He was convicted and imprisoned.

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So, we’ve seen this movie before. Maduro’s lawyers volition equine the aforesaid ineligible challenges. But if the past is prologue, determination is small crushed to judge that the ending volition beryllium immoderate different.  

This leaves the alternatively vacant assertion by Trump adversaries that his actions someway violated the norms and customs of planetary law. It is simply a communal accusation that is often lacking successful substance.  

Some constituent to Article 2(4) of the United Nations Charter which prohibits subordinate nations from "the usage of unit against the territorial integrity" of immoderate state. However, the Charter provides an objection for self-defense.

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As evidenced by the charges stated successful Madura’s indictment, his actions arsenic a narco-terrorist flooding the U.S. with deadly drugs afloat justifies Trump’s actions arsenic antiaircraft successful nature. Continued cause trafficking posed an imminent menace to the lives of American citizens.

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If a struggle of American versus planetary instrumentality exists, our president’s obligations nether Article II of the Constitution takes precedence and precedence implicit Article 2 of the U.N. Charter. Members of the United Nations tin kick each they want, but the U.S. has veto powerfulness successful the UN Security Council.           

Most Venezuelans look relieved that the agelong nightmare of tyranny, oppression and decease astatine the hands Hugo Chavez and Nicolas Maduro is yet over. Their onshore is affluent with the world’s largest lipid reserves.

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If escaped and just elections are held, arsenic they should be, the impoverished citizens of this arrogant federation tin stock successful a brighter aboriginal of freedom, economical betterment and fiscal prosperity.

They volition person President Trump to convey for that.

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