Captured Venezuelan president Maduro in military operation without Congressional authorization
January 3, 2026
Irreversible Damage
Founders' Principles Violated
Guardrails Violated
Congressional authority and oversight bypassed.
International legal norms and sovereignty principles violated.
UN Charter principles and Security Council authorization requirements violated.
War Powers Resolution requirements for Congressional notification and authorization bypassed.
Trigger
US military operation 'Operation Absolute Resolve' launched to capture Nicolás Maduro and his wife Cilia Flores from their home in Caracas, Venezuela, based on drug trafficking and narco-terrorism charges.
Action Taken
US military forces conducted nighttime raid in Caracas on January 3, 2026, disabling Venezuelan air defenses, capturing Maduro and his wife, and transporting them to New York for prosecution. Operation conducted without Congressional authorization, UN mandate, or Venezuelan government consent.
In His Own Words
"This is not a war in the constitutional sense, so Congressional approval is not required."
"Operation Absolute Resolve was necessary to bring a narco-terrorist to justice."
What's Wrong
Military operation against a foreign head of state conducted without Congressional authorization or declaration of war. Bypassed War Powers Resolution. No UN Security Council mandate. Violated Venezuelan sovereignty by conducting military operation on foreign soil without consent. Legal memo from December 23, 2025 argued operation was constitutional without Congressional approval.
Impact
International: Sets precedent for military capture of foreign heads of state without UN mandate or Congressional approval. Diplomatic: Widespread international condemnation, violation of UN Charter principles. Institutional: Establishes executive power to conduct military operations against foreign leaders without Congressional oversight. Operational: Potential civilian casualties, damage to US-Venezuela relations, destabilization of regional security.
Sources & Full Details
Primary Sources
- https://www.washingtonpost.com/national-security/2026/01/13/venezuela-maduro-trump-legal-memo/
- https://apnews.com/article/ccbcacd42872e98c25cc0b1d2782403b
- https://www.businessinsider.com/us-expected-resistance-from-venezuela-air-defenses-maduro-raid-memo-2026-1
- https://www.aljazeera.com/news/2026/1/3/trump-bombs-venezuela-us-captures-maduro-all-that-we-know
Background
Maduro has been indicted by US courts on drug trafficking and narco-terrorism charges. The operation was justified by a legal memo arguing it was not a 'war in the constitutional sense' and therefore did not require Congressional approval. Maduro and Venezuelan government call it an illegal kidnapping. International law experts condemn it as violation of UN Charter and head of state immunity.
Why Level 5?
Irreversible system damage: Sets precedent for executive military action against foreign heads of state without Congressional authorization or international mandate. Multiple guardrails bypassed: War Powers Resolution, Congressional authority, UN Charter, international law. Permanent damage to international order and constitutional separation of powers.