Trump Lawyers Claim Maduro Raid Avoids Constitutional War, Senate Rejects War‑Powers Bill
Updated (2 articles)
DOJ Opinion Frames Maduro Removal as Lawful Presidential Action A heavily redacted Office of Legal Counsel memo dated Dec. 23, prepared for the White House National Security Council, argues that a limited military operation to capture Venezuelan President Nicolás Maduro would not trigger a constitutional war and falls within presidential authority to aid law‑enforcement and enable prosecution in the United States [1]. The memo lists five justifications, including severe drug‑trafficking allegations, threats to civilians, and the need to protect U.S. personnel from armed resistance [1]. It stresses that the operation must be reasonable and that no contingency plan automatically creates a constitutional war [1].
Midnight Raid Executed on Jan 3 Without Congressional Notification The operation took place in a middle‑of‑the‑night raid on Jan 3, targeting Maduro’s location after the opinion was issued [1]. The memo cites up to 200 foreign‑armed guards protecting Maduro, illustrating anticipated resistance and informing the security posture for the raid [1]. Senate Republicans later voted to dismiss a war‑powers resolution that would have limited future strikes against Venezuela, claiming they received no advance notice of the raid [1].
Trump Lawyers Emphasize Limited Military Role and National Interests Trump’s legal team relies on the opinion’s claim that the action serves important national interests and can be conducted without convening Congress [1]. They argue the limited use of force is justified by the five reasons enumerated, especially the need to address drug‑trafficking and protect civilians both in Venezuela and abroad [1]. The opinion also notes that personnel must implement the order reasonably, underscoring a narrow scope of force [1].
Timeline
1798 – The Alien Enemies Act, enacted in 1798, gives the president authority to detain or deport non‑citizens deemed “enemies” during wartime, a provision the Trump administration later revives to accelerate removals of gang members [1].
Mar 2025 – President Trump invokes the Alien Enemies Act after designating the Venezuelan gang Tren de Aragua a foreign terrorist organization, declaring its members subject to rapid deportation without the usual pre‑removal notices [1].
Mid‑Mar 2025 – The Supreme Court issues rulings that require due‑process protections for migrants targeted under the Alien Enemies Act, effectively halting the administration’s large‑scale deportations that began in March [1].
May 2025 – U.S. District Judge Alvin Hellerstein in Manhattan blocks the administration’s use of the Alien Enemies Act in the Southern District of New York, rejecting claims that courts should have no role in reviewing the designation and removals [1].
2025 – A three‑judge panel of the 5th U.S. Circuit Court of Appeals finds Trump’s use of the Alien Enemies Act unlawful, concluding that the government has not shown a “predatory incursion” by gang members into the United States [1].
Dec 23, 2025 – The Justice Department’s Office of Legal Counsel issues a heavily redacted opinion stating that a limited military operation to remove Nicolás Maduro would not rise to the level of a constitutional war, citing drug‑trafficking allegations and the presence of up to 200 armed guards protecting Maduro [2].
Jan 3, 2026 – U.S. forces conduct a midnight raid in Venezuela aimed at apprehending Maduro, an operation justified in the OLC opinion as a law‑enforcement action that does not require congressional war‑powers approval [2].
Jan 6, 2026 – Hours after Maduro is formally charged in New York, the Justice Department files a brief in the 5th Circuit citing the indictment to defend President Trump’s invocation of the Alien Enemies Act and urging the court to limit judicial review of the deportations [1].
Jan 2026 (later this month) – The full, en banc 5th Circuit agrees to rehear the case, positioning the appeal as the likely vehicle to bring the dispute before the Supreme Court [1].
Jan 14, 2026 – Senate Republicans vote to dismiss a war‑powers resolution that would have constrained future strikes against Venezuela, arguing they received no advance notice of the Jan 3 raid [2].
2026‑2027 (future) – Legal analysts expect the en banc 5th Circuit decision to prompt a Supreme Court review of the administration’s use of the Alien Enemies Act, potentially setting a precedent for executive wartime powers over immigration [1].
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External resources (1 links)
- https://www.justice.gov/olc/media/1423306/dl?inline (cited 1 times)