A newly disclosed legal opinion reveals that lawyers for the Trump administration formally approved the controversial US military operation that removed Venezuelan leader Nicolás Maduro from power, arguing the action would not constitute a war.
Legal Justification for a Midnight Raid
The heavily redacted memo from the Justice Department's Office of Legal Counsel, dated 23 December and prepared for the White House National Security Council, was released this week. It provided the legal framework for the stunning 3 January operation. The 22-page document concluded that President Donald Trump had the authority to order military assistance for law enforcement to capture Maduro so he could face prosecution in the United States.
The lawyers determined such a move "would not rise to the level of a war in the constitutional sense" and served "important national interests." They cited five key reasons for this judgement:
- The "severe" allegations in a US drug-trafficking indictment against Maduro.
- The "numerous other highly dangerous activities" he and his associates were alleged to be involved in.
- The potential need for military force to protect civilians in Venezuela.
- The risk of an "armed resistance" protecting Maduro, with the memo noting up to 200 foreign-armed guards.
- The assessment that the operation had a low likelihood of triggering a full-scale war requiring Congressional approval.
Political Fallout and Assurances
The release of the memo comes amid ongoing political tension in Washington. Republican leaders have stated they received no advance warning of the raid to seize Maduro and his wife, Cilia Flores. In response, the Senate last week advanced a resolution designed to limit President Trump's ability to conduct further attacks against Venezuela, signalling disapproval of his expanded ambitions in the region.
Despite identifying significant risks, the legal opinion stressed that administration officials had provided assurances. "We were assured that there is no contingency plan to engage in any substantial and sustained operation that would amount to a constitutional war," the memo stated. It further added there was no plan for U.S. forces to occupy Venezuela if Maduro's removal sparked civil unrest.
A Muscular View of Presidential Power
This legal opinion articulates a robust interpretation of executive authority, bypassing the need for congressional authorisation for what it deemed a limited military action. The Office of Legal Counsel, which resolves complex legal questions for the executive branch, ultimately blessed the operation based on the specific circumstances and assurances provided. The document sheds critical light on the internal legal reasoning that preceded a major, unilateral foreign policy move with significant consequences for US-Venezuela relations and presidential war powers.
