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one recent decrypted legal Opinion has disappeared Light At trump card Government’s rationale for military action against ousting VenezuelaNicolás Maduro revealed that lawyers believed that this action “does not rise to the level of war in the constitutional sense” and is in the “important national interest.” This view underscores a hard-line view of presidential power.
This heavily edited document comes from Ministry of JusticeOffice of Legal Counsel (OLC) releases this week provide new insight into how the government concluded that the shocking late-night military operation on January 3 was legally permissible. This action eventually ousted Maduro from power. Venezuelaof president.
The 22-page opinion was specially prepared for the White House National Security Council legal adviser on December 23. It was drafted by attorneys within the OLC, an office historically responsible for resolving complex and often thorny legal issues for the executive branch.
Crucially, the opinion addressed whether the President Donald Trump It has the power to order the military to assist law enforcement in ousting Maduro, allowing him to face criminal prosecution in the United States.
The answer, the opinion says, is yes. It cited five different reasons, including “serious” accusations against Maduro in a drug-trafficking conspiracy indictment; that he and his associates were allegedly involved in “numerous other highly dangerous activities”; that force may be needed to protect civilians from Venezuela at home and abroad; and that U.S. personnel may encounter “armed resistance” to protect Maduro.
“Here we are told to assume a literal fortress with up to 200 armed guards who were brought in from another country and armed purely to ensure Maduro’s safety,” the opinion said. “This anticipated level of armed resistance supports the need for the military to provide security for law enforcement personnel conducting extraditions.”
While the opinion did note significant risks in a military operation, depending in part on Maduro’s exact location at the time of the operation, government lawyers judged the likelihood that it would lead to an all-out war that would require congressional approval to be remote.
Republican leaders said they received no advance notice of the raid to arrest Maduro and his wife, Celia Flores. Facing pressure from Trump, Senate Republicans voted Wednesday to kill a resolution that would have limited his ability to carry out further attacks on Venezuela.
“While we cannot speculate that the President will make any decisions in response to significant losses of U.S. military personnel, we are convinced that there are no contingency plans to engage in any substantive and sustained action amounting to a constitutional war,” the opinion states.
“We are further convinced that there will be no contingency plans involving the use of U.S. forces to occupy Venezuela if Maduro’s ouster leads to civil unrest in the country. Based on our assessment of U.S. intentions, we do not currently plan to take any actions that would amount to a constitutional war,” the statement added.
The legal opinion also states that the fact that the president “can lawfully authorize the action does not of itself make any use of force in accomplishing the action lawful.” Those involved “must carry out their lawful orders in a reasonable manner,” the opinion said.