General Discussion
In reply to the discussion: Trump mistake #1 as I see it: Bringing the Maduros onto US soil [View all]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.