By Conor Friedersdorf
Saturday, January 03, 2026
This morning, President Trump unilaterally launched
a regime-change war against Nicolás Maduro of Venezuela, ordering strikes on
multiple military targets in the country and seizing its leader and his wife.
They were “captured and flown out of the country,” Trump stated on Truth
Social. “They will soon face the full wrath of American justice on American
soil in American courts,” Attorney General Pam Bondi stated, in
something like an inversion of the notion that justice should be blind and
impartial.
After Pearl Harbor, Franklin D. Roosevelt addressed
Congress and asked
it to declare war on Japan. Prior to waging regime-change wars in
Afghanistan and Iraq, George W. Bush sought and secured authorizations to use
military force. Those presidents asked for permission to conduct hostilities
because the supreme law of the land, the Constitution, unambiguously vests the
war power in Congress. And Congress voted to authorize force in part because a
majority of Americans favored war.
Trump says he will speak to the nation at 11 a.m. eastern
time and address his rationale for the attack. The president may point to the
fact that the State Department has branded Maduro the head of a
“narcoterrorist” state, and that in 2020 Maduro was indicted in the United
States on charges that he oversaw a violent drug cartel. For months Trump has
been seeking the ouster of Maduro, and aligning the United States with
opposition figures who contest the legitimacy of his presidency.
But these accusations and the indictment wouldn’t seem to
constitute legal justification. Overnight, multiple members of
Congress
pointed out
that Trump’s new war is illegal because he received no permission to wage it,
and it was not an emergency response to an attack on our homeland or the
imminent threat of one.
The probable illegality of Trump’s actions does not
foreclose the possibility that his approach will improve life for Venezuelans.
Like too many world leaders, Maduro is a brutal thug, and opposition figures
have good reason to insist he isn’t the country’s legitimate leader. I hope and
pray his ouster yields peace and prosperity, not blood-soaked anarchy or years
of grinding factional violence.
But “toppling Maduro is the easy part,” Orlando J. Pérez,
the author of Civil-Military Relations in Post-Conflict Societies, warned
in November. “What follows is the hard strategic slog of policing a sprawling,
heavily armed society where state services have collapsed and regime loyalists,
criminal syndicates, and colectivos—pro-government armed groups that
police neighborhoods and terrorize dissidents—all compete for turf.” Two groups
of Colombian militants “operate openly from Venezuelan safe havens, running
mining and smuggling routes,” he added. “They would not go quietly.”
If those challenges are overcome, Trump may lack the
leadership qualities necessary for long-term success. Now that the United
States has involved itself this way, its leaders are implicated in securing a
stable postwar Venezuela and in staving off chaos that could destabilize the
region. Yet Trump is best suited to military operations that are quick and
discrete, like the strikes on the Iranian general Qassem Soleimani or Iran’s
nuclear sites, as they do not require sustained focus or resolve. He is most ill-suited,
I think, to a regime-change war against a country with lucrative natural
resources. I fear Trump will try to enrich himself, his family, or his allies,
consistent with his lifelong pattern of self-interested behavior; I doubt he
will be a fair-minded, trusted steward of Venezuelan oil. If he indulges in
self-dealing, he could fuel anti-American resentment among Venezuelans and
intensify opposition to any regime friendly to the United States and its
interests.
Another problem confronting Trump as he goes to war is
that his political coalition, and indeed his Cabinet, is divided between
interventionists and noninterventionists. “The United States needs to stay out
of Venezuela,” Tulsi Gabbard, his director of national intelligence, declared in
2019. “Let the Venezuelan people determine their future. We don't want other
countries to choose our leaders—so we have to stop trying to choose theirs.”
Whether the outcome is ultimately good for Venezuelans,
as I hope, or bad, Trump has betrayed Americans. He could have tried to
persuade Congress or the public to give him permission to use force. He didn’t
bother. He chose war despite polls
that found
a large majority of Americans opposed
it. Perhaps, like me, they fear America is about to repeat the mistakes of
its interventions in Afghanistan, Iraq, and Libya, where brutal regimes were
ousted, then ruinous power vacuums followed.
“I look forward to learning what, if anything, might
constitutionally justify this action in the absence of a declaration of war or
authorization for the use of military force,” Senator Mike Lee, Republican of
Utah, posted. After a phone call with Secretary of State Marco Rubio, he posted again:
Rubio had informed him that Maduro “has been arrested by U.S. personnel to
stand trial on criminal charges in the United States, and that the kinetic
action we saw tonight was deployed to protect and defend those executing the
arrest warrant,” he said. “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.” But surely the president can’t
invade any country where a national has an outstanding arrest warrant.
The real question isn’t whether this action was legal; it
is what to do about its illegality. Ignoring the law and the people’s will in
this fashion is a high crime. Any Congress inclined to impeach and remove Trump
from office over Venezuela would be within their rights. That outcome is
unlikely unless Democrats win the midterms. But Congress should enforce
its war power. Otherwise, presidents of both parties will keep launching wars
of choice with no regard for the will of people or our representatives. And
anti-war voters will be radicalized by the dearth of democratic means to effect
change.
War-weary voters who thought it was enough to elect a
president who called the Iraq War “a stupid thing” and promised an “America
First” foreign policy can now see for themselves that they were wrong. In 2026,
as ever, only Congress can stop endless wars of choice. And if Trump faces no
consequences for this one, he may well start another.
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