Trump’s Maduro capture supported by precedent and U.S. Constitution, legal experts say

Lawmakers and legal scholars are defending President Trump on Saturday, arguing he had legal authority under the U.S. Constitution to capture Venezuelan leader Nicolas Maduro and his wife to stand trial in America.

Jonathan Turley, a constitutional legal scholar and professor at George Washington University Law School, said the extradition of Mr. Maduro and first lady Cilia Flores is supported by precedent.

He pointed to the case of former Panamanian dictator Manuel Noriega, who was indicted on drug trafficking and related charges in 1988. 

The U.S. invaded Panama in 1989 to capture Noriega, who was tried in Miami. He was sentenced to 40 years in prison, served nearly half and was extradited to France, then to Panama, where he died in 2017.

While Mexican President Claudia Sheinbaum suggested Mr. Trump violated Article II of the U.N. charter by arresting another country’s president, Mr. Turley says Article II of the U.S. Constitution substantiates Mr. Trump’s position.

“It will be Article II of the U.S. Constitution that will be the primary focus in any litigation,” Mr. Turley posted on X. 

So long as the president stays away from regime change and focuses on the criminal liability aspect, Mr. Trump’s decision is supported by the Noriega precedent, Mr. Turley insisted.

Article II of the U.S. Constitution vests power in the president as commander in chief of the military.

The Mexican president is countering by saying the U.N.’s Article II states countries should refrain from using force against others and settle disputes peacefully.

Meanwhile, Sen. Mike Lee, Utah Republican, said Secretary of State Marco Rubio informed him that the bombing of Venezuela overnight was part of executing the arrest warrant. 

“This action likely falls within the president’s inherent authority under Article II of the Constitution to protect U.S. personnel from an actual or imminent attack,” Mr. Lee, a lawyer, posted on X.

And Mike Davis, president of the Article III Project and a former clerk to Supreme Court Justice Neil M. Gorsuch, said Mr. Maduro and his wife will be kept in a Brooklyn jail on charges out of the Southern District of New York.

The indictment charges Mr. Maduro with narco-terrorism conspiracy, cocaine importation, machine gun possession and conspiracy related to handling machine guns. 

“The president absolutely has that constitutional and statutory power to do that,” Mr. Davis said. “Separate from that, remember what Maduro did. Maduro unleashed Tren de Aragua terrorists.”