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The executive did make the judgement that it was (a hybrid criminal state) and activated the AEA. Congress has not weighed in on the measure (and based on the muted response so far it seems elected Democrats are rightfully holding their tongues).

The more I read the more clear it is to me that the executive doesn't need an act of war to invoke the act. Look at the plaintiff filing here, where they clearly are aware that while AEA has historically been invoked during war, it clearly has clauses to be invoked w/out a war declaration:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.1.0_2.pdf

"But the AEA has only ever been a power invoked in time of war, and plainly only
applies to warlike actions: it cannot be used here against nationals of a country—Venezuela—
with whom the United States is not at war, which is not invading the United States, and which
has not launched a predatory incursion into the United States. "

As to your second point (that TdA is not a hybrid criminal state), that is the linchpin of the case for these plaintiffs, for whom many are unaware the burden of proof has flipped (note indeed that they are plaintiffs in this case and not defendants).

And this is where I'm gonna make an argument many in this forum are not gonna like but that they need to hear:

Democrats should graciously support and applaud this action.

I'm making that argument from both a political and moral perspective. Otherwise we are going to be ideologically aligned with the idea that TdA is _definitively not associated with the Venezuelan government_ and I'm sorry if you genuinely believe that is the case you are in for a rough few months coming up. I give TFG enough credit that he would not pull this over-the-top maneuver if he didn't have the cards, and there is likely to be a slow drip of Maduro/TdA associations leaking out and being discussed in the coming weeks.

This is just basic public info. Whatever the US military has is gonna be 100x more extensive than this. The plaintiffs won't stand a chance unless the entire narrative about TdA is completely fraudulent (in which case our press will have some serious explaining to do).

https://en.wikipedia.org/wiki/Cartel_of_the_Suns

https://en.wikipedia.org/wiki/Diosdado_Cabello

Here is what is gonna go down. Most of the TdA members have already been deported and were over international waters when Boasberg literally phoned the DoJ to try to turn them around. It turns out though that the five plaintiffs that were in the filing were all held back, see courtlistener here:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.19.0_1.pdf

"The five individual Plaintiffs that were the subject of the first TRO have not been removed"

That means this thing is still going to be litigated--in a Federal court--with evidence and discovery and all that shit. You can also bet that it's no coincidence these five men were kept back. They were likely baited into making their filings and the DoJ likely knows their cases are crap and is eager to see them in court.

Please be wary of outlets attempting to emotively equate this with the Japanese internment. I am sure they are wrong at best, and a trap at worst.