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by phyalow 161 days ago
As Jonathan Turley reports https://jonathanturley.org/2026/01/03/the-united-states-capt... this operation will be justified as executing the criminal warrant (issued by the Biden DOJ and outstanding since 2029) and responding to an international drug cartel, a very similar legal framework to the one used against Noriega in 1989 - which was tested in multiple US courts. So like it or not there is longstanding court affirmed precedent supporting that earlier operation, which will now be used to defend the actions in Venezuela.
4 comments

Does this mean trump will be pardoning Maduro on receipt of a sufficiently large bribe? That seems like the only explanation for recent pardon of former Honduran president Juan Hernandez.
I assume that's rhetorical question?
Even before Trump v. United States, Maduro would have enjoyed immunity as a head of state. They still need him as a source of info on the generals. And if the drug smuggling explanation works, cartel details justifying maneuvers in Mexico.
So a thought experiment: If China were to put out a warrant for Trump's (the most unpopular president in US History, someone the majority of Americans disapprove of, a convicted criminal, and a pedophile who raped young people and has not been brought to account for these crimes as of yet) under the pretense that some of his victims were Chinese nationals and then invaded the Whitehouse to forcibly remove him to China, would that also be legal and justified ? What would you expect the reaction in the US to be ?

To be very clear I do not support this -- out leaders should be held to account to their people, not foreign invaders deciding for us. Even if it seems unlikely that they ever will be, it's our process and people.

This argument doesn't really hold water because the jurisdiction of a nation isn't the whole world.

If we have a warrant for a Sovereign or someone else with Diplomatic Immunity we -- at the very least -- should not invade their territory to carry it out. That's not how the civilized society works, and that's not how we want it to work as evidenced by the thought experiment above.

If we are at war with a nation or people, and reject the premise of their fundamental sovereign or diplomatic nature of course it's a different story since we are talking about a fundamental disagreement of reality. There's a separate process for that weighty decision by the US people's representatives.

well, there are ICC warrants. They do ignore diplomatic immunity. And opinion of many people that, for example, Netanyahu should be at least arrested if he lands in Europe and at most "somebody" should send extraction team to kidnap him
It seems like we should not invade another sovereign country unless we are at war -- a weighty process we should undergo because it's how the will of the people manifest in power.

The US isn't a participant to the ICC, so I'm not sure what exactly your implication is... ?

I do not think we should invade Israel and kidnap their leader. I believe the people of that country should self-govern within their sovereign rights. I don't think China should invade the US and kidnap it's leader. I believe the people of the US should self-govern within their sovereign rights. I don't believe the US should invade Venezuela and kidnap their leader. I believe the people of Venezuela should self-govern within their sovereign rights.

i was pointing out that diplomatic immunity (of head of state) that you mention is trashed by ICC warrants (in countries who are party to it. i.e. good chunk of europe).

so, in the moment that something as basic as diplomatic immunity can be violated by warrants for investigation (not for trial), invading another country to arrest somebody based on warrants that you had issued domestically is not that big of leap

You are talking about a after a country has decided that they want to participate in the this process by ratifying their participation intentionally. How does this relate to a unilateral invasion ?
Vienna Convention (1961): This treaty standardized the rules, making diplomatic immunity a binding obligation for its over 190 signatory nations

And then comes ICC (via Rome statue, ratified by 125 countries and half a dozen of them in process of withdrawal) and trashes with it warrants diplomatic immunity.

So in case international law/treaty from 1961 is all of sudden not binding, why wouldn't uniliteral invasion (actually it looks like it more of arrest operation) (which is probably prohibited by some other international treaties) not be ok ?

"This paper we wrote shows the legal justification for the kidnapping, so the kidnapping we performed is completely legal."
Well, in this case, yes. This is the trouble with growing executive power, they can indeed give themselves permission.
They don't have jurisdiction over another country that's not how this works
I would love to live in a world where every government was democratically elected by an informed populace and never tried to assert authority outside it's borders.

> not how this works

When you say this, what exactly are you referring to?

Reality is reality. There is only one reality and the man is on the ship. No matter what you think. Reality is "how this works".
Just because something is happening doesn't mean it's according to the law or even morally justified. We are discussing whether it is lawful, not whether it actually happened or whether they are capable of doing it with or without consequences.
Indeed, why bother having states of law at all? Jungle law works well enough in reality.
You believe in something which has never existed and will never exist. In international relations, there has never been anything besides "might is right". Anything else is an illusion. At most something that leaders pay lip service to, when it aligns with their own goals.

The law of the jungle is reality. World War II was won by terror bombing civilians. It is lamentable, but reality is reality. So to say "that's not how it works" is denying reality.

Every arrest is a kidnapping.
That is how any legal system works, just to be clear.
That's not how the international legal system works
I mean to be fair.. the "international legal system" generally doesn't really work. It only works when governments think it works for them.

This usually means weaker (militarily/economically) countries banding together to hopefully provide some dis-incentives for strong arming.

It only works until someone calls the bluff.

what is "the international legal system"?
Unfortunately thats how the politics and economics of violence work when you are the most powerful country in the world (n.b. I am not American and think this situation is deplorable, but the legal facts and construction support Trump’s actions)
No they do not
The USA does not have jurisdiction outside the US borders. Shocking, I know.

But it doesn't, so the charges of "possession of machineguns" [0] is an utter bullshit. Talk about kangaroo courts...

[0] https://xcancel.com/AGPamBondi/status/2007428087143686611