“The “law enforcement” rationale for Saturday’s attack on Venezuela is nevertheless both implausible and troubling. It offers an open-ended license for any president who wants to excise Congress from decisions about the use of military force, accelerating a trend that threatens to nullify its constitutional war powers.
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A superseding indictment that the Justice Department recently unsealed, which updates an indictment that the first Trump administration obtained in 2020, charges Maduro and several other Venezuelan officials with conspiracies involving narcoterrorism, cocaine importation, and machine gun possession. But Trump’s commitment to holding foreign leaders accountable for drug trafficking is open to question.
Just a month before invading Venezuela to serve justice on Maduro, Trump granted a “full and complete pardon” to former Honduran President Juan Orlando Hernández, who was convicted of similar charges in March 2024. Thanks to that act of clemency, Hernández served just 18 months of his 45-year sentence.
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According to the Trump administration, the president has unbridled authority to decide when such extreme measures are appropriate. Since “this was a law enforcement operation” rather than “military strikes for military purposes,” Rubio told The Washington Post, the administration did not need to notify Congress, let alone consult with legislators or seek permission.
A president who wants to attack another country, in other words, does not need an imminent threat, a declaration of war, or even an authorization for the use of military force. All he needs is an indictment, which is convenient because grand juries almost always approve charges recommended by federal prosecutors.
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We cannot blame Trump for coming up with this excuse, which President George H.W. Bush deployed against Panamanian dictator Manuel Noriega without legal trouble or any serious political repercussions. Nor can we blame Trump for the legislative branch’s abdication of its responsibilities.”