Name: Questions about the legality of U.S. operation to capture Maduro
Uploaded: 2026-01-06T04:26:37.433Z
Duration: 3 min 8 s
Description: Questions remain about the legality of the operation that captured former Venezuelan President Nicolás Maduro. Former federal prosecutor Scott Fredericksen joins CBS News to discuss.

Questions remain about the legality of the operation that captured former Venezuelan President Nicolás Maduro. Former federal prosecutor Scott Fredericksen joins CBS News to discuss.

Washington

The U.S has launched strikes on sites inside Venezuela, including military facilities and arrested Venezuelan President Nicolás Maduro along wife his wife.

Venezuela Strikes

Ousted Venezuelan President Nicolas Maduro appeared in a New York courtroom and pleaded not guilty to four federal charges, including narco-terrorism and weapons offenses, after being captured and brought to the United States. Legal experts highlighted the controversial nature of the US operation, noting that while international law likely deems such actions illegal, US legal precedent and Department of Justice memos provide a strong argument for the prosecution.

The discussion also addressed recent statements by President Trump regarding US control over Venezuela, clarifying that such authority would require congressional approval. Ultimately, experts concluded that the matter is both a legal and political question, with Congress holding the power to intervene through hearings or legislation, though such intervention is considered unlikely.

Questions about the legality of U.S. operation to capture Maduro

Ousted Venezuelan President Nicolas Maduro, pleaded not guilty today to federal charges in the US after his capture over the weekend. Maduro is facing four charges, narco-terrorism conspiracy, cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices. Speaking through an interpreter in a New York courtroom earlier, Maduro maintained his innocence, saying he is, quote, still president of my country. Defense attorney and former federal prosecutor, Scott Fredrickson, joins me now. Thank you so much for being here. This is the big question. Is the US legally allowed to go into another country, arrest, and extradite its leader? Sure, and this is probably the hottest issue right out of the box. We'll see. Based on motions, the defense attorney will file on behalf of President Maduro. And the short answer is, while under international law it probably is illegal, the Department of Justice probably has the strongest argument here, based on two things. Back in 1989, the Department of Justice and the government under President George H.W. Bush removed Emanuel Noriega, the dictator in Panama, and brought him to trial in Miami. And he challenged his arrest as illegal. The DOJ based its arguments on a memo that was sponsored and written by a young Bill Barr, who went on to become the Attorney General of the United States, basically saying that the Department of Justice and the United States has inherent legal authority to go to a foreign country and arrest a foreign national on foreign soil, even if that might violate international law, including the UN Charter. The arrest was challenged in court, and his arrest was upheld. Noriega was convicted, served the rest of his life in prison. And then there's also Supreme Court precedent that states essentially that even if someone is kidnapped and brought to the U.S. to stand trial, that fact alone is not usually sufficient to prevent them from being prosecuted here in the U.S. So in the end, I suspect the Department of Justice will have the stronger argument on this point. What about President Trump's assertion that the U.S. will run Venezuela? Well, of course, that's taken everybody by surprise on that. There's no authority for him to do so absent a declaration of war by the United States Congress or legislation supporting that. But this is a political question. The courts are not going to intervene here absent action by the Congress. It's really up to Congress to hold hearings, decide if they want to pass legislation, or just go directly to court to say that this is unconstitutional. Oh, that's fairly unlikely. But in the end, this is a political question between the Congress and the president. Scott Fraser, we really appreciate your expertise. Thank you.

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Questions about the legality of U.S. operation to capture Maduro

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Venezuela Strikes