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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump mistake #1 as I see it: Bringing the Maduros onto US soil
Rather than kill them or take them to Guantanamo, where they could rot forever with no due process, he chose to take them to the United States, where they are entitled to all the due process afforded to any other person put on trial under the Constitution.
This raises so many issues that have never been dealt with before, starting with the legality of kidnapping a foreign head of state and bringing him here with no due process whatsoever under extradition laws or treaties. Then there are issues of immunity very similar to those ruled on by SCOTUS in Trump's own criminal cases. Even if Trump crosses that bridge successfully, the US must prove to 12 jurors that the Maduros were personally behind all the drug trafficking and that somehow foreign heads of state are subject to US weapons laws when they never have stepped foot in America. These are not easy issues. And, ultimately, what if they are found not guilty? How stupendously disastrous would that be for the US?
Emile
(40,643 posts)Lovie777
(21,772 posts)the DOJ and US AG are extremely incompetent and will make the conviction a clown show and further embarrassing the USA.
A duly qualified defense attorney can beat this.
MLWR
(778 posts)that trump had him kidnapped and held for ransom.
relayerbob
(7,365 posts)No one.
We have a winner!
I fully expect something like this.
And this is likely just part of an overall scheme. It's not an accident that Russia and China have paid only minor lip service to this and no serious defenses were put up. He pays off Trump with a pile of crypto and gets pardoned and deported to somewhere like UAE or Dubai.
EdmondDantes_
(1,384 posts)They both would be happy taking Zelinskyy or the head of Taiwan. They don't care if Trump gets richer.
Irish_Dem
(79,859 posts)Supreme Court and Congress are just fine with it
Jersey Devil
(10,739 posts)People deported are sent out of the US under civil laws which do not afford the same protections as those put on trial under criminal laws. For starters, there are no juries for deportation.
Irish_Dem
(79,859 posts)Two different things.
Amaryllis
(10,983 posts)Irish_Dem
(79,859 posts)Hitler would be so proud of the US.
sop
(17,445 posts)Irish_Dem
(79,859 posts)Turbineguy
(39,845 posts)Ol Janx Spirit
(726 posts)...how badly they were treated by the Biden administration when they invaded their country and took them in the middle of the night....
There's a non-zero percent chance that Turnip will not remember it was his Administration and pardon them.
Hope22
(4,469 posts)I thought only US citizens were entitled to due process!! .
IronLionZion
(50,822 posts)Bringing them to trial in the US is precisely why this administration will face no legal consequences for how they captured them. The criminal charges and arrest warrants were filed during Trump's first term, just classified until now.
Ms. Toad
(38,308 posts)I'm glad it is being discussed - which may help temper Trump's goals of taking over the world.
All of Trump's bluster about running Venezuela was just that. But it is frightening bluster - especially to places like Greenland, which her is actively threatening. So the more this is viewed as a quasi-legal action of bringing an individual to the US to be tried, the harder it is to use it to justify invading a country in which there is no hint of it's leader violating US law.
unblock
(55,928 posts)So far the charges against Maduro in terms of violating u.s. law seem to be, well, trumped up.
Ms. Toad
(38,308 posts)But my only context for international law is contracts and patents. And, although I've taught criminal law, my practice is nearly 100% civil. That said, the indictment read to me as without basis in reality. But I haven't yet read the legal documents which would provide me with a better basis for comparison as to the parts which seem particularly fishy.
And, of course, the circumstances are different - involving a formal extradition - not an extra-territorial capture supported by the military (as their role has been described).
patphil
(8,733 posts)He spent time in a US prison and was passed to France and then back to Panama, where he died in prison.
Just like Venezuela, Panama was a drug distribution center, not a producer.
The big differences were that Noriega was also involved in weapons traffic, and, of course, Panama was a lot smaller than Venezuela and had no oil.
Farmer-Rick
(12,480 posts)Because he comes off as a make up covered, buffant hair-do, demented, slurring, psychopath like pedo Trump.
He is a powerful personality. This won't be as easy as the pedo is predicting.
TBF
(35,662 posts)a "suicide", plea deal, and/or pardon - any are more likely
Meanwhile, get those mineral rights shored up, and Epstein who?
Ms. Toad
(38,308 posts)It's to arrest him on New York soil. Read the indictment, which is the legal framework for the action. It specifies arrest in New York.
It is possible to try sometime like Maduro and get a conviction - it was done with the former president of Honduras (the one Trump just punished.
It is blatantly illegal for Trump to invade a foreign country with whom there is no legitimate basis for military action and to capture it kill it's leader.
The legal posture is that the military was only involved to protect the justice arm in its extradition process.
I still believe the action is illegal - the circumstances of getting Maduro here are very different than the president of Honduras, who was legally extradited. But this was done under the color of law. What you suggest has no such protection.
As for presidential immunity - I know that has been suggested, but that decision was an interpretation of the US Constitution, as to the President of the United States. It doesn't extend to the President of another country charged with violating New York law.
As for all of Trump's boasting yesterday, he was doing what he always does when he has an idea he wants, but those with any legal training know won't fly. Those in the background create legal cover, them let him run his mouth. They did it very successfully with the flag burning executive order - while everyone was busy reacting to Trump's yammering about a new law and very specific penalties, they didn't bother to read the actual order, which said nothing about either one.
So yesterday (and still today), people are reacting to Trump's regime changed yammering, and ignoring the carefully crafted legal document - which provides legal cover ONLY for capturing Maduro and bringing him to the US for trial. The rest of what was being said yesterday i will destroy and pretense of this being a legal action. Trump doesn't care, but those running this particular show do.
flashman13
(2,029 posts)I'm still scratching my head over the machine gun thing. Wuh??
hardluck
(761 posts)This is actually very similar to the arrest of Noriega and most of the issues you outline were resolved in that case. The district courts opinion provides you with a good outline of the facts and issues and their similarities to the current action.
https://law.justia.com/cases/federal/district-courts/FSupp/746/1506/1757098/
ihaveaquestion
(4,402 posts)If Maduro has any competent legal team at all, shouldn't they be able to delay an actual trial until after we have a new DOJ in place?
Case dismissed!
VMA131Marine
(5,172 posts)As I pointed out in another reply, there is a precedent: Manuel Noriega.
COL Mustard
(7,994 posts)Lindsay Halligan will be the prosecutor.
VMA131Marine
(5,172 posts)The Bush I regime captured him in Panama and put him on trial in the U.S. He was convicted and died in a U.S. prison. If there are any competent people left in Trumps DOJ Id expect them to follow the same playbook.
Noriegas problem was that he started out by cooperating with the CIA and then when that relationship went south we went in and got him. Like Maduro, Noriega was not at all a nice guy. But I thought Trump had campaigned on not being the Worlds policeman. There are lots of really terrible regimes around the world; are we going to go kidnap them all?
Jersey Devil
(10,739 posts)I think there is a big difference
IronLionZion
(50,822 posts)ChicagoTeamster
(445 posts)Wherever the US flag flies, the US constitution applies.
Jersey Devil
(10,739 posts)Some are stll there, no trials, no habeas corpus
Melon
(1,093 posts)Jersey Devil
(10,739 posts)At least the US operated under color of law with Noriega. With Maduro there isn't even a pretext of following the law.
AverageOldGuy
(3,358 posts)The Not-So-Supreme Court has ruled if the President does it, it's legal.
rampartd
(3,822 posts)u think it is crazy to think that is law has jurisdiction in venezuela or panama, but this is not new.
Doodley
(11,637 posts)without an honest presentation of the facts.
No matter how they feel about Maduro, it isn't going to make America look good, in part because Trump has made his motives obvious. It is all about Trump's ego, power and money by grabbing the oil. How can the same man (Trump) order the kidnapping of a nation's leader to enrich himself and also be trusted to deliver a fair verdict, because Trump's influence over the DOJ means he is judge and jury? America will be seen as judge and jury. Meanwhile, Venezuela will likely descend into chaos, and people will ask how are things any better.
As for Maduro's wife, that will be hard to prove she is also guilty of crimes against America, so it will be a lot of BS, and a lot of expert witnesses who are only there to serve Trump. Any rational person will see it for what it is.
relayerbob
(7,365 posts)You are assuming that anyone involved gives even a glancing notice as to legality
LetMyPeopleVote
(175,007 posts)The trump administration is taking that there was no need to notify congress because this was NOT a military operation but a mere arrest or law enforcement operation
Rubio: Venezuela strikes âa law enforcement operation,â not âinvasionâ
— USpolitics ðºð¸ (@uspol.skyfleet.blue) 2026-01-04T21:33:57.887Z
https://thehill.com/homenews/administration/5672165-rubio-defends-venezuela-arrest/
In an interview on ABC Newss This Week, Rubio defended the operation against claims that it was illegal.
It wasnt necessary because this is not an invasion. We didnt occupy a country, Rubio told George Stephanopoulos, when asked why congressional authorization wasnt necessary.
This was an arrest operation. This was a law enforcement operation. He was arrested on the ground in Venezuela by FBI agents, read his rights and removed from the country, Rubio continued.
U.S. forces carried out a stunning operation overnight into Saturday morning to capture and arrest Venezuelan President Nicolás Maduro and his wife and bring them back to New York to face charges related to drug trafficking, terrorism and firearms. Maduro is in custody at the Metropolitan Detention Center in Brooklyn, N.Y.
Jersey Devil
(10,739 posts)I used to think Rubio was intelligent.