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U.S. Apprehends Venezuelan President Maduro Amid Congressional Debate Over Executive Authority and War Powers

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A U.S. operation led to the apprehension of Venezuelan President Nicolás Maduro and his wife, Cilia Flores, who are reportedly en route to New York to face charges related to drug trafficking, arms, and conspiracy. This action ignited a debate within the U.S. Congress regarding the extent of presidential authority in military operations without prior legislative approval, leading to unsuccessful attempts in both the House of Representatives and the Senate to pass resolutions limiting such powers.

Apprehension of Venezuelan President Maduro and U.S. Justification

On a Saturday, former U.S. President Donald Trump announced that Nicolás Maduro and Cilia Flores had been apprehended by U.S. personnel and were being transported by a U.S. Navy vessel.

Trump stated that the U.S. would oversee Venezuela's transition until a "safe, proper and judicious" process could be established.

Secretary of State Marco Rubio characterized the mission as a targeted law enforcement action, stating its core objective was the arrest of "indicted fugitives of American justice." Rubio explained that the Department of War supported the Department of Justice in this operation.

Administration officials, including Secretary Rubio, indicated that Congressional leadership was briefed after the operation commenced. Rubio, supported by President Trump, cited operational security concerns and Congress's "tendency to leak" as reasons for not notifying Congress in advance. Senator Mike Lee (R-Utah) stated that Secretary Rubio informed him the "kinetic action" was deployed to protect personnel executing the arrest warrant, suggesting it aligned with the President's inherent authority under Article II of the Constitution.

Rubio also reportedly informed Lee that no further action in Venezuela was anticipated now that Maduro was in U.S. custody. House Speaker Mike Johnson (R-La.) also described the military action as "decisive" and "justified."

Venezuelan Government's Response

The Venezuelan government issued a statement condemning a call made by former U.S. President Donald Trump on his Truth Social platform to close the airspace above Venezuela.

Trump's post advised, "To all Airlines, Pilots, Drug Dealers, and Human Traffickers, please consider THE AIRSPACE ABOVE AND SURROUNDING VENEZUELA TO BE CLOSED IN ITS ENTIRETY."

Venezuela's government characterized Trump's comments as a violation of international law and a "colonialist threat" to the country's sovereignty. The statement asserted that "No authority outside the Venezuelan institutional framework has the power to interfere with, block, or condition the use of international airspace" and cited Article 2, paragraph 4 of the U.N. Charter, which prohibits the explicit use of force. As of Sunday afternoon following Trump's statement, Flightradar24 data indicated that air traffic continued within Venezuelan airspace.

Congressional Scrutiny and Debate on Executive Authority

Following the operation, key administration officials, including Secretary of State Marco Rubio, Defense Secretary Pete Hegseth, CIA Director John Ratcliffe, Attorney General Pam Bondi, and Joint Chiefs Chairman Gen. Dan Caine, conducted multi-hour, closed-door briefings for congressional leaders. This included the "Gang of Eight" and bipartisan leaders from relevant committees. Lawmakers present at one briefing had not received advance notice of the mission.

The operation prompted diverging views among U.S. lawmakers:

Arguments for Presidential Authority

Republican lawmakers, including House Speaker Mike Johnson, stated that the president acted within his constitutional authority. Johnson clarified that while the Constitution grants Congress the power to declare war, it also bestows "vast authorities as commander in chief" upon the President. Senator Eric Schmitt (R-MO) stated Trump acted "well within his Article 2 powers." Senator Mike Lee (R-UT), after discussions with Secretary Rubio, indicated that the action to protect U.S. personnel executing an arrest warrant likely falls within the President's inherent Article II authority.

Arguments for Congressional Authority

Democrats and some Republicans raised concerns, questioning the administration's legal authority to intervene without explicit congressional approval.

House Minority Leader Hakeem Jeffries (D-NY) called for "compelling evidence to explain and justify this unauthorized use of military force," emphasizing Congress's sole power to declare war.

Representative Gregory Meeks (D-NY) described the action as an "expansion of presidential executive powers" and a "violation of international law." Senator Tim Kaine (D-VA) expressed concerns about potential precedents for future U.S. military interventions. Senator Rand Paul (R-KY) referenced the founders' intent to limit executive power to declare war without Congressional authorization.

Some lawmakers also expressed a lack of clarity regarding the extent of future U.S. involvement in Venezuela following the briefing.

Legislative Efforts to Limit Presidential War Powers

In response to the U.S. operation, resolutions aimed at limiting presidential war powers in Venezuela were introduced in both the Senate and the House of Representatives.

Senate Vote

A war powers resolution in the Senate, sponsored by Senator Tim Kaine (D-VA) and supported by Senator Rand Paul (R-KY), sought to restrict President Trump's authority to conduct military actions in Venezuela without congressional approval. The resolution was ultimately blocked in a 51-50 vote, with Vice President JD Vance casting the tie-breaking vote.

Earlier, five Republican senators had initially voted with Democrats to advance the measure. However, following discussions with Secretary of State Marco Rubio and assurances from senior national security officials that no American troops were present in Venezuela and that the administration would seek congressional authorization for major military operations, Senators Josh Hawley (R-Mo.) and Todd Young (R-Ind.) reversed their positions and voted against the resolution. Senators Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), and Rand Paul (R-KY) maintained their support for the measure.

House Vote

The U.S. House of Representatives also blocked a resolution aimed at limiting presidential war powers concerning Venezuela. The resolution, which would have mandated the removal of any U.S. military presence from Venezuela and required presidential approval from Congress for future military actions, failed in a tie vote of 215 to 215.

The resolution, sponsored by Representative Jim McGovern (D-Mass.), garnered support from all Democratic members and two Republican representatives, Thomas Massie (R-Ky.) and Don Bacon (R-Neb.). Republican leaders reportedly kept the vote open for over 20 minutes to allow Representative Wesley Hunt (R-TX) to return to Capitol Hill from a Senate campaign event in Texas to cast a decisive vote against the resolution. Democrats on the House floor raised objections, alleging procedural violations.

U.S. Policy and Future Strategy

Secretary of State Marco Rubio, also serving as President Trump's interim national security adviser, stated that the United States is not engaged in a war with Venezuela and is not occupying the country. He clarified that the U.S. implements its policy in Venezuela through financial influence on allies of former-President Maduro, rather than through military ground operations.

Rubio indicated that the U.S. seeks to guide Venezuela's direction for both the benefit of the Venezuelan populace and U.S. national interests. He mentioned applying influence via an existing "oil quarantine" enforced by U.S. naval vessels near the Venezuelan coast. Rubio stated that the U.S. military assists the Coast Guard in a law enforcement capacity, encompassing the capture of Maduro and the enforcement of U.S. sanctions, and that the U.S. is prepared to use force to ensure cooperation if other methods are unsuccessful.

The U.S. military has conducted operations such as "Operation Southern Spear," which involved at least 21 strikes resulting in 82 fatalities on alleged drug boats. Separately, U.S. forces have reportedly engaged at least 35 alleged drug boats, leading to an estimated 115 fatalities, and seized oil tankers in the vicinity of Venezuela since September.

Venezuelan opposition leader Maria Machado, visiting the United States, stated her belief that her country is on the "threshold of freedom" and taking the "first steps of a true transition to democracy."

Secretary of State Marco Rubio is scheduled to testify before the Senate Foreign Relations Committee on Wednesday to further detail Washington's strategy in Venezuela. Senator Jeanne Shaheen (D-N.H.) questioned the cost and consequences of the raid and the ongoing U.S. naval blockade. The debate over presidential war powers reflects a long-standing congressional discussion regarding the War Powers Act.