Latest / The Ben Ferguson Podcast / Maduro Arrested-Why Trump Ordered this Historic Attack & the Detailed Legal Basis for his Authority to Do So
Transcript
- 0:01Speaker 1: Welcome in his verdict with Center, Ted Cruz, Ben Ferguson
- 0:04Speaker 1: with you and Senator this is a show we get
- 0:06Speaker 1: to start. That was something that we thought could happen,
- 0:09Speaker 1: but the way it happened was truly incredible. Maduro is
- 0:12Speaker 1: now in New York City, not far from where you
- 0:14Speaker 1: are in Washington, DC right now. I promise you he
- 0:17Speaker 1: didn't think that was gonna happen. And no loss of
- 0:20Speaker 1: American life in going in and getting him. God bless
- 0:24Speaker 1: our men and women in uniform. They are just incredible
- 0:26Speaker 1: heroes right now.
- 0:28Speaker 2: Well, listen, we are living in extraordinary times, and what
- 0:32Speaker 2: transpired this weekend was extraordinary. It was an incredible act
- 0:36Speaker 2: of military might, of military precision. It was an incredible
- 0:40Speaker 2: intelligence victory. The US military went in on Saturday into Venezuela,
- 0:46Speaker 2: captured Nicholas Maduro, captured his wife, removed them from Venezuela,
- 0:51Speaker 2: brought them to New York for criminal prosecution, as you noted,
- 0:54Speaker 2: without the loss of even a single American life. That
- 0:58Speaker 2: is a big, big deal. It is incredibly complicated to
- 1:02Speaker 2: go into a Venezuelan military base. You know, there'd been
- 1:06Speaker 2: a lot of talk about about all of the anti aircraft,
- 1:10Speaker 2: air defenses that Venezuela had much many of them from Russia.
- 1:14Speaker 2: At the end of the day, the operation was flawless,
- 1:17Speaker 2: and I will give an enormous amount of credit to
- 1:19Speaker 2: President Trump. President Trump acted decisively in ordering this attack.
- 1:25Speaker 2: There was real risk it could have gone badly, and
- 1:27Speaker 2: if it had gone badly, that would not have obviously
- 1:29Speaker 2: would not have been good. There could have been real
- 1:32Speaker 2: loss of life that didn't happen. There were a thousand
- 1:34Speaker 2: ways this could have gone wrong, but it was flawlessly executed.
- 1:38Speaker 2: And right now, the people of Venezuela are better off,
- 1:41Speaker 2: the people of America are better off, and the world
- 1:44Speaker 2: is better off. And so what we're going to do
- 1:46Speaker 2: on this podcast. There are podcasts that you and I
- 1:49Speaker 2: do that I think are particularly important, and I would
- 1:51Speaker 2: put this one in that category. We're going to analyze
- 1:54Speaker 2: why Venezuela matters so much, why President Trump ordered the
- 1:58Speaker 2: military order the FBI to go arrest Maduro, why that matters,
- 2:04Speaker 2: and and why both Venezuela and America are better off
- 2:07Speaker 2: because of it. And then we're also going to break
- 2:09Speaker 2: down not just the geopolitical implications of it, but the
- 2:12Speaker 2: legal implications. You're hearing a lot of folks on TV,
- 2:16Speaker 2: every Democrat and most of the media are beating their
- 2:19Speaker 2: chest saying this is illegal.
- 2:20Speaker 3: There's no basis.
- 2:21Speaker 2: Trump is the dictator here, and and so we're gonna
- 2:25Speaker 2: break down in some real detail the legal basis. I
- 2:29Speaker 2: believe the President had the authority to order this arrest.
- 2:32Speaker 2: I think it was carried out. Pursue it to the constitution,
- 2:36Speaker 2: pursue it to US law. But I'm gonna break down
- 2:38Speaker 2: and explain why, and then we're gonna talk also some
- 2:41Speaker 2: about what next, what happens in Venezuela next. And I
- 2:44Speaker 2: gotta say question three, I think is the most complicated question.
- 2:48Speaker 2: It is a question that is rife with risk, but
- 2:52Speaker 2: but also has a real potential not just to transform Venezuela,
- 2:57Speaker 2: but to transform the entire Western hemisphere. And so this
- 3:01Speaker 2: is a moment to be celebrating a great military success,
- 3:05Speaker 2: to be optimistic for the future, but also to be
- 3:07Speaker 2: cautious because there are a lot of ways that this
- 3:10Speaker 2: could go sideways. And so I think it matters a
- 3:13Speaker 2: great deal how the administration proceeds in the next three years.
- 3:17Speaker 4: Yeah, it's going to be really interesting to see. And
- 3:19Speaker 4: we're going to break all that down for you.
- 3:20Speaker 1: I want to take a moment, though, and talk to
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- 3:43Speaker 1: favorite color, what makes you laugh. They're wondering who you are,
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- 4:37Speaker 1: com all right, So, Senator I want to start with
- 4:40Speaker 1: just laying the groundwork here. There has been a lot
- 4:43Speaker 1: of media attention acting like this was somehow just the
- 4:47Speaker 1: present going warp speed and just deciding on a whim.
- 4:50Speaker 4: To do this.
- 4:51Speaker 1: This was a marathon. It was laid out with indictments.
- 4:56Speaker 1: The idea that this was some sort of of quick
- 5:00Speaker 1: knee jerk reaction by the president of the United States
- 5:03Speaker 1: of America is total insanity. There was incredible military planning
- 5:07Speaker 1: that went into this, including building the same structure that
- 5:11Speaker 1: they knew they were gonna have to go into. There
- 5:13Speaker 1: was CIA on the ground, we were told, and lots
- 5:16Speaker 1: of intelligence that was gathered in Venezuela as well. And
- 5:20Speaker 1: yet the media tried to say, well, this is just
- 5:22Speaker 1: some you know, Dictator Tyrant and Donald Trump going in
- 5:25Speaker 1: there and just taking out somebody.
- 5:27Speaker 4: No, it wasn't.
- 5:29Speaker 1: There was a marathon, including conversations directly with Maduro and
- 5:34Speaker 1: telling him you've got multiple off ramps which you chose
- 5:36Speaker 1: not to take.
- 5:38Speaker 2: Well, let let let's start with what happened, and then
- 5:40Speaker 2: we're going to talk about why it happened and what
- 5:42Speaker 2: the geopolitical incentives, what the reasons were for going in
- 5:47Speaker 2: and capturing Maduro. Then we're gonna talk about the legal basis,
- 5:49Speaker 2: and finally we're gonna talk about what happens next. But
- 5:51Speaker 2: let's just start with what happened on Saturday, And the
- 5:55Speaker 2: best explanation of it that I've seen it is from
- 5:58Speaker 2: the Chairman of the Joint Chiefs on nickname Raisin Kane,
- 6:01Speaker 2: and he laid out exactly what happened. And this clip
- 6:06Speaker 2: is a little long, it's about six seven minutes, but
- 6:08Speaker 2: it's worth listening to because he lays out with precision
- 6:12Speaker 2: what exactly occurred. So listen to the Chairman of the
- 6:15Speaker 2: Joint Chiefs, General Kane.
- 6:17Speaker 5: This operation, known as Operation Absolute Resolve, was discreete precise,
- 6:23Speaker 5: and conducted during the darkest hours of January tewod and
- 6:26Speaker 5: was in the culmination of months of planning and rehearsal.
- 6:30Speaker 5: We watched, we waited, we prepared, we remained patient and professional.
- 6:37Speaker 5: This mission was meticulously planned, drawing lessons from decades of
- 6:42Speaker 5: missions over the last many years. Decades are many missions
- 6:46Speaker 5: over these last many years.
- 6:48Speaker 4: This was an.
- 6:48Speaker 5: Audacious operation that only the United States could do. It
- 6:54Speaker 5: required the utmost of precision and integration within our Joint Force,
- 7:00Speaker 5: and the word integration does not explain the sheer complexity
- 7:05Speaker 5: of such a mission, an extraction so precise it involved
- 7:10Speaker 5: more than one hundred and fifty aircraft launching across the
- 7:13Speaker 5: Western Hemisphere in close coordination, all coming together in time
- 7:19Speaker 5: and place to layer effects for a single purpose to
- 7:24Speaker 5: get an interdiction force into downtown Caraccas while maintaining the
- 7:29Speaker 5: element of tactical surprise. Failure of one component of this
- 7:34Speaker 5: well oiled machine would have endangered the entire mission, and
- 7:38Speaker 5: failure is never an option for America's Joint Force. Those
- 7:44Speaker 5: in the air over Caraccas last night were willing to
- 7:47Speaker 5: give their lives for those on the ground and in
- 7:50Speaker 5: the helicopters. Let me talk a little bit about the preparation.
- 7:54Speaker 5: After months of work by our intelligence teammates to find
- 7:57Speaker 5: Maduro and understand how we moved, where he lived, where
- 8:02Speaker 5: he traveled, what he ate, what he wore, what were
- 8:06Speaker 5: his pets? In early December, our force was set pending
- 8:11Speaker 5: a series of aligned events. Key was choosing the right
- 8:16Speaker 5: day to minimize the potential for civilian harm and maximize
- 8:21Speaker 5: the element of surprise and minimize the harm to the
- 8:25Speaker 5: indicted personnel, so as the President said, they could be
- 8:28Speaker 5: brought to justice. And as the President said earlier today,
- 8:33Speaker 5: weather in Venezuela is always a factor this time of
- 8:36Speaker 5: the year, and over the weeks through Christmas and New
- 8:40Speaker 5: Year's the men and women of the United States Military
- 8:43Speaker 5: sat ready, patiently waiting for the right triggers to be
- 8:47Speaker 5: met and the President to order us into action. Last night,
- 8:51Speaker 5: the weather broke just enough, clearing a path that only
- 8:55Speaker 5: the most skilled aviators in the world could maneuver through ocean,
- 9:01Speaker 5: mountain low cloud ceilings. But when tasked with a mission,
- 9:06Speaker 5: this organization does not quit. At ten forty six pm
- 9:11Speaker 5: Eastern time last night, the President ordered the United States
- 9:15Speaker 5: Military to move forward with this mission. He said to us,
- 9:19Speaker 5: and we appreciated, mister President, good luck and godspeed, and
- 9:23Speaker 5: those words were transmitted to the entire joint Force. Over
- 9:26Speaker 5: the course of the night, aircraft began launching from twenty
- 9:29Speaker 5: different bases on land and sea across the Western Hemisphere.
- 9:34Speaker 5: In total, more than one hundred and fifty aircraft, bombers, fighters, intelligence, reconnaissance,
- 9:41Speaker 5: surveillance rotary wing were in the air last night. Thousands
- 9:45Speaker 5: and thousands of hours of experience were airborne. Our youngest
- 9:49Speaker 5: crew member was twenty and our oldest crew member was
- 9:52Speaker 5: forty nine, and there's simply no match for American military might.
- 9:57Speaker 5: As the night began, the helicopters took off with the
- 10:00Speaker 5: Extraction Force, which included law enforcement officers, and began their
- 10:04Speaker 5: flight into Venezuela at one hundred feet above the water.
- 10:08Speaker 5: As they approached Venezuelan shores, the United States began layering
- 10:12Speaker 5: different effects provided by Spacecom, Cybercom and other members of
- 10:16Speaker 5: the Inner Agency to create a pathway overhead. Those forces
- 10:21Speaker 5: were protected from aircraft were protected by aircraft from the
- 10:25Speaker 5: United States Marines, the United States Navy, the United States
- 10:29Speaker 5: Air Force, and the Air National Guard. The force included
- 10:32Speaker 5: F twenty two's F thirty fives, F eighteen's, EA eighteens,
- 10:38Speaker 5: E twos, B one bombers, and other support aircraft, as
- 10:41Speaker 5: well as numerous remotely piloted drones. As the force began
- 10:46Speaker 5: to approach Caracas, the Joint Air Component began dismantling and
- 10:51Speaker 5: disabling the air defense systems in Venezuela, employing weapons to
- 10:57Speaker 5: ensure the safe passage of the helicopter into the target area.
- 11:01Speaker 5: The goal of our Air Component is, was and always
- 11:06Speaker 5: will be to protect the helicopters and the ground force
- 11:11Speaker 5: and get them to the target and get them home.
- 11:14Speaker 5: As the force crossed the last point of high terrain
- 11:17Speaker 5: where they'd been hiding in the clutter, we assessed that
- 11:21Speaker 5: we had maintained totally the element of surprise. As the
- 11:25Speaker 5: helicopter force ingressed towards the objective at low level. We
- 11:29Speaker 5: arrived at Maduro's compound at one one am Eastern Standard
- 11:34Speaker 5: time or two to one am Caracas local time, and
- 11:38Speaker 5: the apprehension force descended into Maduro's compound and moved with speed, precision,
- 11:45Speaker 5: and discipline towards their objective and isolated the area to
- 11:49Speaker 5: ensure the safety and security of the ground force while
- 11:53Speaker 5: apprehending the indicted persons. On arrival into the target area,
- 11:58Speaker 5: the helicopters came under fire, and they replied with that
- 12:01Speaker 5: fire with overwhelming force and self defense. One of our
- 12:05Speaker 5: aircraft was hit but remained fliable, and as the President
- 12:08Speaker 5: said earlier today, all of our aircraft came home and
- 12:11Speaker 5: that aircraft remained fliable during the rest of the mission.
- 12:14Speaker 5: As the operation unfolded at the compound, our air and
- 12:17Speaker 5: ground intelligence teams provided real time updates to the ground force,
- 12:22Speaker 5: ensuring those forces could safely navigate the complex environment without
- 12:27Speaker 5: unnecessary risk. The force remained protected by overhead tactical aviation.
- 12:33Speaker 5: Maduro and his wife, both indicted, gave up and were
- 12:37Speaker 5: taken into custody by the Department of Justice, assisted by
- 12:41Speaker 5: our incredible US military with professionalism and precision, which with
- 12:47Speaker 5: no loss of US life. After securing the indicted persons,
- 12:51Speaker 5: the force began to prep for departure. Helicopters were called
- 12:56Speaker 5: in to exfiltrate the extraction force, while fighter aircraft and
- 13:00Speaker 5: remotely piloted aircraft provided overhead coverage and suppressive fire. There
- 13:05Speaker 5: were multiple self defense engagements as the force began to
- 13:10Speaker 5: withdraw out of Venezuela. The force successfully exfiltrated and returned
- 13:16Speaker 5: to their afloat launch bases, and the force was over
- 13:19Speaker 5: the water at three twenty nine am Eastern Standard time
- 13:24Speaker 5: with indicted persons on board, and both Maduro and his
- 13:28Speaker 5: wife were embarked aboard the uss Uajima.
- 13:32Speaker 1: You listen to that story center, and it's one that
- 13:34Speaker 1: for me is just like God bless America, like our
- 13:38Speaker 1: men and women, they are such heroes and I'm so
- 13:42Speaker 1: proud of them. I know when you were listening to
- 13:44Speaker 1: that and watching like everyone else, was just that pure
- 13:48Speaker 1: sense of pride in your country to see our military
- 13:52Speaker 1: get that. I also think the recognition they deserve for
- 13:55Speaker 1: doing this is another part of it.
- 13:57Speaker 4: And Trump's letting them do their job.
- 13:59Speaker 1: It goes back to what the FBI director says, We're
- 14:01Speaker 1: letting good cops be good cops.
- 14:03Speaker 4: We're being letting law enforcement law enforced.
- 14:04Speaker 1: They're letting the military men and women do what they
- 14:06Speaker 1: do well without all the PBS, all the political correctness,
- 14:10Speaker 1: like let them do their job.
- 14:12Speaker 2: Well and focusing on the bad guys. And you look
- 14:15Speaker 2: at the precision. This was an incredibly complicated military operation
- 14:19Speaker 2: and law enforcement arrest operation. And to go in Caracas
- 14:25Speaker 2: is a city of about five million people in the
- 14:27Speaker 2: metropolitan area. To go into a major city, to go
- 14:31Speaker 2: into a military base where you have soldiers, you've got
- 14:34Speaker 2: anti aircraft equipment, to go in successfully not have a helicopter,
- 14:39Speaker 2: not have a plane shot down. That that was execution
- 14:43Speaker 2: on the part of Delta Force. That was execution in
- 14:45Speaker 2: terms of satellites and spy operations, the CIA on the ground,
- 14:50Speaker 2: the ability to neutralize Venezuela's ability to inflict harm and
- 14:56Speaker 2: strike back and to execute this flawlessly was remarkable. And
- 15:02Speaker 2: here's how President Trump put it. He put President Trump
- 15:05Speaker 2: put it put it very pithy. But listen to what
- 15:07Speaker 2: the President said about what happened on Saturday.
- 15:09Speaker 4: Late last night and early today.
- 15:12Speaker 6: At my direction, the United States Armed Forces conducted an
- 15:18Speaker 6: extraordinary military operation in the capital of Venezuela. Overwhelming American
- 15:26Speaker 6: military power, air land and sea was used to launch
- 15:30Speaker 6: a spectacular assault, and it was an assault like people
- 15:34Speaker 6: have not seen since World War Two. It was a
- 15:38Speaker 6: force against a heavily fortified military fortress in the heart
- 15:42Speaker 6: of Caracas to bring outlaw dictator Nicholas Maduro to justice.
- 15:48Speaker 6: This was one of the most stunning, effective and powerful
- 15:52Speaker 6: displays of American military might and competence in American history.
- 15:58Speaker 6: And if you think about it, we've done some other
- 16:01Speaker 6: good ones, like the attack on Solomoni, the attack on
- 16:07Speaker 6: Albeg Daddy, and the obliteration and decimation of the Iran
- 16:12Speaker 6: nuclear sites.
- 16:13Speaker 1: You listen to that last from the President, like what
- 16:16Speaker 1: he's been able to do with foreign policy has been
- 16:18Speaker 1: pretty incredible. Also in doing it in a way that
- 16:20Speaker 1: protects American lives as well.
- 16:22Speaker 2: Yeah, yeah, Look, look, and this is the opposite of
- 16:26Speaker 2: military adventurism of putting American troops on the ground for
- 16:30Speaker 2: an extended period of time. This is going after a clear,
- 16:34Speaker 2: discreete objective and enemy of America and carrying out with precision.
- 16:39Speaker 2: I don't think there's another military on the face of
- 16:41Speaker 2: the planet that could carry out what the US military
- 16:44Speaker 2: did this weekend. And I got to say, every enemy
- 16:46Speaker 2: of America has got to be looking at this. China
- 16:50Speaker 2: is looking at this, going wow. Russia is looking at this,
- 16:53Speaker 2: going wow. Iran, well, Iran doesn't have to look at this,
- 16:56Speaker 2: because Iran saw when the president last year ordered B
- 17:01Speaker 2: two's to fly around the globe and drop the equivalent
- 17:05Speaker 2: of half a nuclear weapon bunker busters on the Iranian
- 17:08Speaker 2: nuclear facilities. Take them out again, no American loss of life,
- 17:13Speaker 2: the precision, they hit precisely their target, They destroyed their target.
- 17:16Speaker 2: In this instance, the same is true. And let's talk
- 17:20Speaker 2: about why so Venezuela.
- 17:22Speaker 1: I think it's really important that people understand the why here.
- 17:25Speaker 2: So Nicholas Maduro and his wife were both arrested and
- 17:30Speaker 2: they were transported to New York City Maduro is the
- 17:32Speaker 2: dictator of Venezuela. He is number one, illegitimate in power.
- 17:37Speaker 2: He had been the number two when Hugo Chavez, a communist,
- 17:42Speaker 2: when he died in office. So, Hugo chavs you look
- 17:44Speaker 2: at Venezuela's history in nineteen fifty, where do you think
- 17:49Speaker 2: Venezuela ranked in terms of GDP per capita?
- 17:52Speaker 4: I gotta assume it was not that high.
- 17:55Speaker 3: It was number four in the world.
- 17:57Speaker 2: Really in nineteen fifty the top four countries for GDP
- 18:01Speaker 2: per capita where the United States, Switzerland, New Zealand, and Venezuela.
- 18:07Speaker 4: Venezuela because of gold. That's because of gold and oil, right.
- 18:11Speaker 2: Gold and oil, enormous natural resources. It was an incredibly
- 18:15Speaker 2: booming economy. But then what happened is Huo Chavez, a communist,
- 18:20Speaker 2: came into power and just utterly destroyed the economy. There,
- 18:25Speaker 2: poverty skyrocketed. Chavez nationalized companies, nationalized oil resources, and and
- 18:34Speaker 2: and where do you think Venezuela ranks in terms of
- 18:38Speaker 2: the size of their oil reserves?
- 18:41Speaker 1: So I actually know too much about this. They are
- 18:43Speaker 1: the largest oil reserves in the world.
- 18:45Speaker 2: If I'm not mistaken, you're exactly right, they're bigger than
- 18:48Speaker 2: Saudi Arabia, the bigger than the United States. Have got
- 18:50Speaker 2: massive oil reserves. They were incredibly prosperous, but it turns
- 18:55Speaker 2: out when communist comes power.
- 18:58Speaker 1: No matter what resources you've got, they again screw it up,
- 19:01Speaker 1: isn't I mean? I mean, if you think about how
- 19:03Speaker 1: small the country is compared to having the largest ore
- 19:05Speaker 1: reserves in the world, you'd think, how could you ever
- 19:08Speaker 1: have a government that's failing and a population living in poverty?
- 19:12Speaker 1: And yet this is proof that communism, even with the
- 19:16Speaker 1: number one old reserve in the world, still doesn't work.
- 19:18Speaker 2: Yeah, Chavez and then Maduro after him, destroyed the economy,
- 19:22Speaker 2: poverty skyrocket, and you've had over eight million Venezuelans flee
- 19:27Speaker 2: the country, go to neighboring countries, go to the United
- 19:29Speaker 2: States because they've just driven the economy into the ground.
- 19:34Speaker 2: There also have been dictators and drug dealers, and if
- 19:38Speaker 2: you look at Maduro, Maduro came into power initially when
- 19:41Speaker 2: Chavez died of cancer. He was then elected to be
- 19:46Speaker 2: the leader of Venezuela. But then in twenty nineteen there
- 19:49Speaker 2: was another election that that America International observers everyone agrees
- 19:54Speaker 2: Maduro lost he was beaten in the election. The Venezuelan
- 19:57Speaker 2: people said, no, we don't want Maduro, and he said,
- 20:01Speaker 2: I don't care. I've got the army. I'm staying in power.
- 20:03Speaker 2: Which part of dictator do you not understand? And for
- 20:07Speaker 2: the last six years he has been in power as
- 20:10Speaker 2: a dictator. He has also opened Venezuela up, so he
- 20:14Speaker 2: works in close harmony with Cuba, the communist government there.
- 20:18Speaker 4: He works very Cuba, by the way, with their oil.
- 20:20Speaker 1: A lot of people don't understand that like Cuba desperately
- 20:22Speaker 1: relies on Venezuela.
- 20:24Speaker 2: Yes, I'm absolutely right, and we're going to talk about
- 20:27Speaker 2: the consequences of what this means in Latin America, but
- 20:31Speaker 2: especially Cuba, because I think it's highly consequential for Cuba.
- 20:34Speaker 2: He also Maduro has been very very close to Putin
- 20:37Speaker 2: and Russia. He relies on Putin and Russia. He's been
- 20:40Speaker 2: very close to China and opened up opened up Venezuela
- 20:43Speaker 2: to China. He also has had a very close relationship
- 20:47Speaker 2: with Iran. You look at every enemy of America, and
- 20:50Speaker 2: Maduro has said, if you're an enemy of America, my
- 20:54Speaker 2: communist regime is in business with you. You've got Iranian
- 20:57Speaker 2: operatives in Venezuela. You've got HESBA in Venezuela. And on
- 21:03Speaker 2: top of that, Maduro has been a major drug dealer
- 21:07Speaker 2: working his government, working hand in hand with the FARC
- 21:11Speaker 2: in Colombia, to bring massive amounts of drugs, particularly cocaine,
- 21:16Speaker 2: into the United States. All of that is who Maduro is.
- 21:20Speaker 1: But by the way, you mentioned China moment ago, just
- 21:22Speaker 1: to put in respective that China was there within hours
- 21:26Speaker 1: and their delegation was apparently still in the country when
- 21:30Speaker 1: we took him out and brought him back to America.
- 21:32Speaker 1: I mean, imagine you meet with Maduro and then you
- 21:35Speaker 1: wake up a few hours later and they're like, Maduro's
- 21:37Speaker 1: been captured by America. Can you imagine China what they're
- 21:40Speaker 1: thinking right now?
- 21:41Speaker 3: Yeah?
- 21:41Speaker 2: No, I mean that was they were literally meeting with
- 21:43Speaker 2: him the day before the delegation was the Chinese delegation
- 21:47Speaker 2: was still in Venezuela, and boom, Maduro and his wife
- 21:51Speaker 2: are gone.
- 21:52Speaker 3: You know.
- 21:52Speaker 2: Actually, one of the best explanations of why Venezuela is
- 21:56Speaker 2: so significant is ironically from the show Jack Ryan, you know, Tom.
- 22:01Speaker 3: Clancy's book series.
- 22:03Speaker 2: Yeah, okay, and this is a clip that's gone viral
- 22:06Speaker 2: online because it's just a couple of minutes, and it
- 22:09Speaker 2: was back in twenty nineteen with with the fictional character
- 22:13Speaker 2: Jack Ryan explaining to classroom the importance of Venezuela.
- 22:17Speaker 3: Give a lesson. Watch the short clip.
- 22:19Speaker 7: What would you assume is the most major threat on
- 22:21Speaker 7: the world stage? Anybody just call it out.
- 22:23Speaker 3: You don't have to raise your hands.
- 22:24Speaker 7: Definitely Russia.
- 22:25Speaker 4: Definitely Russia. That's confident.
- 22:27Speaker 7: I like her.
- 22:28Speaker 4: Who says Russia?
- 22:29Speaker 7: Anybody agree with her?
- 22:30Speaker 6: And?
- 22:30Speaker 7: Okay, right?
- 22:31Speaker 3: Who else?
- 22:31Speaker 4: China?
- 22:33Speaker 7: Stop yelling at me?
- 22:33Speaker 3: But China.
- 22:34Speaker 4: It's a good answer to anybody. Who else?
- 22:36Speaker 5: China?
- 22:37Speaker 4: North Korea?
- 22:38Speaker 7: North Korea? Any North Korea takers? And Venezuela anybody?
- 22:45Speaker 3: Nope?
- 22:46Speaker 7: Oh yep, one guy in the back a little worried
- 22:48Speaker 7: about Venezuela.
- 22:49Speaker 4: Everybody's cool with Venezuela.
- 22:51Speaker 3: No threat.
- 22:51Speaker 7: Okay, let me ask you this, which one of these
- 22:53Speaker 7: places can claim to have the largest oil deposit on
- 22:56Speaker 7: the planet, more than Saudi more than Iran? Wow? Okay,
- 23:00Speaker 7: what about things like gold? More than all the minds
- 23:04Speaker 7: in Africa combined. The fact is that Venezuela is arguably
- 23:09Speaker 7: the single greatest resource of oil and minerals on the planet.
- 23:13Speaker 7: So why is this country in the midst of one
- 23:16Speaker 7: of the greatest humanitarian crises in modern history. Let's meet
- 23:20Speaker 7: President Nicholas Reyes. After rising to power on a wave
- 23:24Speaker 7: of nationalist pride, in a mere six years, this guy
- 23:28Speaker 7: has crippled the national economy by half. He has raised
- 23:31Speaker 7: the poverty rate by almost four hundred percent. Luckily for
- 23:35Speaker 7: the rest of us, he's up for reelection. So who's
- 23:39Speaker 7: running against him? This is Gloria Banalde. Now, Gloria is
- 23:43Speaker 7: a history professor turned activist. She's running against him on
- 23:47Speaker 7: a social justice platform and on the strength of, in
- 23:50Speaker 7: my humble opinion, just not being an asshole. Analyst predictions
- 23:57Speaker 7: as of today have the chances of Venezuela's total I'm
- 24:00Speaker 7: to collapse at eighty seven percent. On the news, they'll
- 24:04Speaker 7: call it a crisis, but on the world stage they'll
- 24:07Speaker 7: call it a failed state.
- 24:09Speaker 3: If you've never heard that term.
- 24:11Speaker 7: Other examples of a failed state in recent history are Yemen, Iraq,
- 24:17Speaker 7: and Syria. And if that's not bad enough news for you, well,
- 24:22Speaker 7: Venezuela is also the only one of these places within
- 24:24Speaker 7: thirty minute range from the US of next gen nuclear missiles.
- 24:29Speaker 7: You will not hear about any of this on the
- 24:31Speaker 7: news because the biggest players on the world stage do.
- 24:35Speaker 3: Not want you to to them.
- 24:37Speaker 7: Unstable governments are nothing more than the greatest of opportunities.
- 24:41Speaker 7: So Russia, China to never be the most major threat
- 24:46Speaker 7: until countries like Venezuela leave the door open to our
- 24:51Speaker 7: very own backyard.
- 24:53Speaker 4: To our very own backyard.
- 24:55Speaker 1: And that goes back to not only, like you said,
- 24:58Speaker 1: the resources there, but why China and Runussia and Iran
- 25:00Speaker 1: and others need them so much center, But also you
- 25:04Speaker 1: got to explain the drug trafficking aspect of this. I
- 25:07Speaker 1: don't think people realize when they hear that this is
- 25:10Speaker 1: what they have a lot of people, I'm sure like, well,
- 25:12Speaker 1: well then why didn't he just sell a bunch of oil.
- 25:14Speaker 1: Why didn't you just pump a bunch of oil. Why
- 25:16Speaker 1: would he get into the drug narco trafficking and just
- 25:20Speaker 1: sell all this oil and be rich?
- 25:21Speaker 4: Right?
- 25:22Speaker 1: Simplify that, Explain that for people as they understand what
- 25:25Speaker 1: was behind that decision to get into the narco trade.
- 25:28Speaker 2: So then let me clarify something about that. Jack Ryan clip,
- 25:31Speaker 2: he talks about Nicholas Reyes. Nicholas Rayes is a fictional character.
- 25:35Speaker 2: That's Tom Tom Clancy, that's Nicholas Maduro. It just they
- 25:39Speaker 2: made up rays I guess, you know. I don't know
- 25:41Speaker 2: why Clancy didn't use the real guy, but it's fiction,
- 25:44Speaker 2: so so he made up Rayes.
- 25:45Speaker 3: But what he's describing as Maduro is.
- 25:48Speaker 4: Yeah, exactly the same. The principle is the same.
- 25:50Speaker 2: Yeah, And that Look, it is why Russia, it is
- 25:55Speaker 2: why China, It's why Iran, It's why HESBLA cares so
- 25:58Speaker 2: much about Venezuela veastries and also proximity of the United States.
- 26:02Speaker 2: It's about two thousand miles away. It's four to five
- 26:05Speaker 2: hours from Miami to Venezuela. A missile from Venezuela to
- 26:10Speaker 2: the United States. It is very close for our enemies
- 26:14Speaker 2: to attack us from Venezuela. It is in our hemisphere.
- 26:17Speaker 2: And you go back to the Monroe Doctrine. Early at
- 26:20Speaker 2: the founding of our country, the Monroe doctrine said we're
- 26:23Speaker 2: going to protect the western hemisphere, our hemisphere. And that's
- 26:27Speaker 2: something that President Trump has really leaned in, and in
- 26:30Speaker 2: fact it's been dubbed now the Donro Doctrine for President
- 26:35Speaker 2: Trump really enforcing it and going and carrying out carrying
- 26:40Speaker 2: out this incredible military operation to arrest Maduro. Now you
- 26:45Speaker 2: asked why aren't they rich. They aren't rich because communism
- 26:49Speaker 2: doesn't work. Communism is a failed economic system. They were
- 26:54Speaker 2: rich when capitalism was it was an operation. When capitalism
- 26:58Speaker 2: was operating, they were produced the oil. The problem is
- 27:02Speaker 2: when when when they nationalized.
- 27:04Speaker 1: An oil production, Well said, can we just explain. There
- 27:07Speaker 1: was a point when when people around the world wanted
- 27:10Speaker 1: to go to Venezuela because it was such a nice country.
- 27:12Speaker 1: It was a safe country. It's beautiful, has beaches. Like
- 27:16Speaker 1: I actually talked to Goby. We were older that said,
- 27:18Speaker 1: we used to go to Venezuela as a vacation spot.
- 27:22Speaker 4: It was before this all happened.
- 27:24Speaker 1: They're much older now, but they were talking about how
- 27:25Speaker 1: beautiful it was and it was.
- 27:27Speaker 4: A thriving country.
- 27:29Speaker 1: The only thing that killed it is what you're describing
- 27:31Speaker 1: right now.
- 27:32Speaker 2: By the way, the communists we have in the United States,
- 27:34Speaker 2: most notably comrade Mondami in New York, ought to take
- 27:38Speaker 2: a lesson from what a train wreck, what a disaster
- 27:42Speaker 2: communism is. We've seen that in Venezuela, We've seen that
- 27:45Speaker 2: in Cuba, We've seen that in North Korea, we've seen
- 27:47Speaker 2: that in the in the Soviet Union, communism doesn't work,
- 27:51Speaker 2: and it's it's disastrously bad. And and when the government
- 27:55Speaker 2: nationalized oil production, it turns out that that that that
- 27:59Speaker 2: that an authorityitarian government is really bad at producing oil.
- 28:02Speaker 2: It's incredibly corrupt. It didn't invest in technology, The technology
- 28:06Speaker 2: all all crumbled, and and and it's in even though
- 28:09Speaker 2: it's got massive reserves, its production is a fraction of
- 28:13Speaker 2: what it used to be. Uh And and that's a
- 28:16Speaker 2: significant reason. You know, one of the the trades that
- 28:20Speaker 2: that that that Maduro did and and Chavez before him,
- 28:22Speaker 2: is a trade with Cuba where where Venezuela provides oil
- 28:28Speaker 2: to Cuba and Cuba provides manpower, provides thugs, provides soldiers
- 28:32Speaker 2: and enforcers that they used to oppress the Venezuelan people,
- 28:36Speaker 2: and that trade.
- 28:36Speaker 1: In fact, some of those Cubans apparently were supposed to
- 28:39Speaker 1: be protecting Maduro when we took him.
- 28:42Speaker 2: Uh and and I suspect h some of those bodyguards
- 28:45Speaker 2: are no longer with us. We don't have the clear
- 28:48Speaker 2: tally on that, but but but I'm confident that that
- 28:51Speaker 2: although there was no loss of life on the American
- 28:54Speaker 2: side that those who were defending this corrupt narco terrorist Uh.
- 28:59Speaker 3: I think there was was.
- 29:00Speaker 2: We'll find out how significant the loss of life was,
- 29:04Speaker 2: but I'm confident some of those Cubans are no longer
- 29:06Speaker 2: with us. That's why President Trump went in there, because
- 29:09Speaker 2: you had number one, Venezuela flooding America with drugs. Number
- 29:15Speaker 2: two Venezuela opening up our hemisphere to enemies of America China, Russia, Iran, Hezbola,
- 29:23Speaker 2: all posing acute national security threats to the United States.
- 29:27Speaker 2: And so that's why we went in there. And also,
- 29:31Speaker 2: Venezuela is an incredibly harmful force throughout Latin America, trying
- 29:36Speaker 2: to spread communism, trying to spread anti Americanism throughout Latin America.
- 29:42Speaker 2: But all right, here's the sixty four thousand dollars question.
- 29:45Speaker 3: Is it illegal?
- 29:46Speaker 2: If you turn on the TV, just about every academic,
- 29:50Speaker 2: just about everyone in the media, just about every Democrat says, oh,
- 29:53Speaker 2: this is horrible, this is illegal. There's no basis. So
- 29:55Speaker 2: let's break down. The short answer is, no, it was
- 29:59Speaker 2: not illegal. This was fully justified. Now why the administration
- 30:05Speaker 2: has several justifications. The administration has argued that the President
- 30:09Speaker 2: ordered this attack and ordered this apprehension under his inherent
- 30:14Speaker 2: authority under Article II of the Constitution.
- 30:17Speaker 3: Now what does that mean.
- 30:18Speaker 2: Well, the Constitution divides war making the power of war
- 30:22Speaker 2: making between Congress and the President, and they both have
- 30:26Speaker 2: different aspects of authority over war making. Article one, which
- 30:31Speaker 2: creates Congress and says all legislative authority is vested in
- 30:35Speaker 2: the United States. Congress gives Congress the authority declare war.
- 30:40Speaker 2: So if there are extended, protracted use of military force,
- 30:45Speaker 2: particularly with forces on the ground, forces in harms way,
- 30:48Speaker 2: that then Congress should be involved. And I think Congress
- 30:51Speaker 2: for a long time has not been vigilant enough asserting
- 30:56Speaker 2: its Article one authority to be in charge of declaring war,
- 31:00Speaker 2: in charge of authorizing military force. That's part of the
- 31:03Speaker 2: authority on the Constitution. But the other authority on the
- 31:06Speaker 2: Constitution is Article two, which is establishes the office of
- 31:10Speaker 2: the Presidency in the executive branch, makes the president the
- 31:14Speaker 2: commander in chief. And there's an inherent authority there. There's
- 31:16Speaker 2: a long line line of authority that says that the
- 31:19Speaker 2: president has an authority to number one, respond to an
- 31:23Speaker 2: imminent threat, number two to protect us to protect Americans.
- 31:29Speaker 2: So what I think, and we'll see as this goes
- 31:33Speaker 2: forward in litigation what the precise justification is, but the
- 31:38Speaker 2: principal justification is going to be the following. Maduro was indicted.
- 31:42Speaker 2: He was indicted in New York City. The indictment. By
- 31:45Speaker 2: the way, you can read the indictment. I've got the
- 31:47Speaker 2: indictment right here in my hand. It is twenty five pages.
- 31:52Speaker 2: The opening of the indictment says, for over twenty five years,
- 31:55Speaker 2: leaders of Venezuela have abused their positions of public trust
- 31:58Speaker 2: and corrupted once legitimate in spits to import tons of
- 32:02Speaker 2: cocaine into the United States. Nicholas Maduro Moros, the defendant,
- 32:06Speaker 2: is at the forefront of that corruption and has partnered
- 32:09Speaker 2: with his co conspirators to use as illegally obtained authority
- 32:12Speaker 2: and the institutions he corroded to transport thousands of tons
- 32:18Speaker 2: of cocaine to the United States. And so this was
- 32:22Speaker 2: an arrest effort, and so the FBI came and they
- 32:27Speaker 2: arrested him. They brought him to the United States, to
- 32:29Speaker 2: New York to be prosecuted in federal court.
- 32:32Speaker 4: A lot of you asked this question, why New York.
- 32:34Speaker 1: We always see a lot of New York and people
- 32:36Speaker 1: going to New York afterwards when they get charged. Why
- 32:39Speaker 1: is New York a place where we see a lot
- 32:41Speaker 1: of these high profile individuals be charged. Is that just
- 32:45Speaker 1: the way that the courts set up? I know the answer.
- 32:47Speaker 1: I want you to explain to everybody, because they're like,
- 32:49Speaker 1: why do we keep seeing I mean, it can be
- 32:51Speaker 1: anybody from p Didy to The list goes on and
- 32:54Speaker 1: on of people Epstein that it's always New York.
- 32:57Speaker 4: Why is that?
- 32:58Speaker 2: So they're all across the country. There are US attorney
- 33:01Speaker 2: offices all across the country. Those US attorneys are appointed
- 33:04Speaker 2: by the President, they're confirmed by the Senate. The Southern
- 33:07Speaker 2: District of New York, which covers Manhattan, has a great
- 33:11Speaker 2: deal of expertise dealing with terrorism in particular. Obviously that's
- 33:14Speaker 2: where nine to eleven was. There been terrorism cases with
- 33:18Speaker 2: respect to Maduro. You could have brought that case in
- 33:21Speaker 2: multiple jurisdictions, multiple US attorneys, because the impacts of Maduro's
- 33:26Speaker 2: flooding cocaine into this country have harmed every state in
- 33:29Speaker 2: the Union. But it is unsurprising that it would be
- 33:33Speaker 2: the Southern District of New York leading this because they
- 33:36Speaker 2: have such long expertise in dealing with terrorism cases in particular,
- 33:42Speaker 2: and so that was where the U. S. Attorney went
- 33:46Speaker 2: to the grand jury and got the indictment and and
- 33:49Speaker 2: the justification. The main justification for the military going in
- 33:53Speaker 2: was to protect the FBI agents going to arrest Maduro,
- 33:57Speaker 2: because if they just sent the FBI agents, presume Madureau's
- 34:01Speaker 2: soldiers or bodyguards would would have shot and killed them.
- 34:04Speaker 2: And and so the military was there to keep that
- 34:07Speaker 2: law enforcement safe. That's the principal justification. There are a
- 34:11Speaker 2: couple of other justifications. There's another justification, which which is
- 34:15Speaker 2: that that that Maduro was was leading a designated foreign
- 34:21Speaker 2: terrorist organization, and so they're existing legal authorities to go
- 34:24Speaker 2: after foreign terrorist organizations. That's something we're going to see
- 34:28Speaker 2: litigation on this, and that surely is going to be
- 34:30Speaker 2: a justification UH as well. And and then there's also
- 34:35Speaker 2: an inherent authority under Article two UH to protect Americans
- 34:40Speaker 2: from imminent threats. And and so I suspect we will
- 34:43Speaker 2: see some combination, if not all, three of those justifications
- 34:47Speaker 2: put forward as the basis for the President ordering ordering
- 34:51Speaker 2: this operation.
- 34:52Speaker 1: Let's also be clear when there have been people on
- 34:55Speaker 1: TV that just been lying saying this is unprecedented and
- 34:58Speaker 1: Trump is off the reservation.
- 35:00Speaker 4: That is not true.
- 35:00Speaker 1: We have gone after people that have done very similar
- 35:04Speaker 1: things just like this before, and Democrats were in favor
- 35:07Speaker 1: of it when that happened.
- 35:08Speaker 2: Yeah, no, no, Look, there's massive hypocrisy from Democrats. But
- 35:11Speaker 2: I will say that there's a long precedent that you
- 35:15Speaker 2: can go back. But the closest president is in nineteen
- 35:19Speaker 2: ninety Manuel Noriega. Manuel Noriega, what was leading Panama? He
- 35:24Speaker 2: was corrupt, he had been indicted also as a drug dealer.
- 35:28Speaker 2: He was the de facto ruler of Panama. And George
- 35:33Speaker 2: Herbert Walker Bush Bush forty one, there was again an
- 35:37Speaker 2: indictment and President Bush the first sent in the military
- 35:43Speaker 2: to arrest and remove Noriega, just like they did with
- 35:48Speaker 2: Maduro Norriega. Actually, do you know the date that Noriega
- 35:52Speaker 2: was apprehended?
- 35:53Speaker 4: I don't. What is it?
- 35:54Speaker 2: January third, exact same date, January third of nineteen ninety
- 35:58Speaker 2: is when the US government apprehended Doriega. You know, I
- 36:03Speaker 2: actually on January third, a good friend of mine, Victoria Coach,
- 36:07Speaker 2: who's the head of foreign policy at the Heritage Foundation.
- 36:11Speaker 2: She used to be by national security advisor for four years.
- 36:14Speaker 2: She was President Trump's Deputy National Security Advisor in the
- 36:17Speaker 2: first term. Her daughter was getting married on January third,
- 36:21Speaker 2: So I was joking with Victoria. I'm like, wow, you
- 36:24Speaker 2: really know how to celebrate your daughter's wedding by by
- 36:26Speaker 2: by apprehending a Latin Latin American dictator and terrorist on
- 36:32Speaker 2: the date of her wedding. Victoria was laughing at that,
- 36:35Speaker 2: And she and I have worked for more than a
- 36:38Speaker 2: decade fighting against Chavez and Maduro and the national security
- 36:42Speaker 2: and and and drug dealing threat and terrorism threat that
- 36:45Speaker 2: they posed to the United States. Do you know what
- 36:48Speaker 2: January third is?
- 36:49Speaker 3: Just as a.
- 36:49Speaker 2: Short personal aside, what is that? It's also the date
- 36:53Speaker 2: that I met Heidi. No way, I met Heidi on
- 36:57Speaker 2: January third of two thousand. So President Trump decided apprehend
- 37:01Speaker 2: Maduro on the twenty sixth anniversary of when I met
- 37:03Speaker 2: my wife, which was kind of an interesting an interesting coincidence.
- 37:08Speaker 2: The Noriega example is I think quite compelling and what happened.
- 37:14Speaker 2: Noriega was arrested, they brought him to the United States,
- 37:17Speaker 2: they prosecuted him, he was convicted, he was sentenced to
- 37:22Speaker 2: forty years and he died in prison. He ultimately died,
- 37:27Speaker 2: but there was litigation over does the president have the
- 37:32Speaker 2: authority to send in the military to arrest a corrupt
- 37:36Speaker 2: Latin American dictator who is a drug dealer, And the
- 37:38Speaker 2: conclusion of that litigation was yes. That is for every
- 37:44Speaker 2: pompous buffoon on TV saying there's no authority to do this,
- 37:48Speaker 2: that is a big, big problem.
- 37:52Speaker 1: I want to go back. Can we go back to
- 37:53Speaker 1: Chuck Schumer and just that. I think it was twenty
- 37:58Speaker 1: twenty when he had something very interesting to say.
- 38:01Speaker 4: Can we play that for everybody real quick?
- 38:02Speaker 3: Yep?
- 38:03Speaker 1: All right, take a listen. This is Chuck Schumer back
- 38:05Speaker 1: in twenty twenty. Listen carefully to the words that he
- 38:08Speaker 1: has to say. You're gonna get a kick out of this.
- 38:10Speaker 8: He brags about all these things he wants to do
- 38:13Speaker 8: or is doing, but his actions belie his words. Maybe
- 38:16Speaker 8: the best metaphor was his claim to bring democracy to Venezuela.
- 38:23Speaker 8: There was a big policy there.
- 38:25Speaker 4: It flopped.
- 38:26Speaker 8: If the policy was working, Juan Guido wouldn't be in
- 38:29Speaker 8: the balcony here, he'd be in Venezuela. He'd be sitting
- 38:32Speaker 8: in the president's palace, or at least waging a.
- 38:35Speaker 3: Fight to win.
- 38:36Speaker 8: He's here, and the president brags about his Venezuela policy.
- 38:40Speaker 8: Give us a break. He hasn't brought an end to
- 38:43Speaker 8: the Maduro regime. The Meduro regime is more powerful today
- 38:47Speaker 8: and more entrenched today than it was when the president began.
- 38:49Speaker 1: So here's my part about this that makes me laugh. Democrats,
- 38:53Speaker 1: and there's a tweet that's very much like that, the
- 38:55Speaker 1: same thing from Joe Biden. Yeah, they were angry that
- 38:59Speaker 1: Trump had taken out Maduro. Now Trump takes out Maduro,
- 39:03Speaker 1: and now they're angry at Trump for taking out Maduro.
- 39:05Speaker 4: You cannot make it up.
- 39:07Speaker 2: Yeah, and listen carefully to what Schumer just said. There,
- 39:10Speaker 2: give us a break. He hasn't ended the Maduro regime.
- 39:14Speaker 2: So he was on the floor of the Senate. This
- 39:16Speaker 2: is a speech where he was blasting Trump in twenty
- 39:20Speaker 2: twenty for not having taken Maduro out. And now in
- 39:25Speaker 2: the wake of President Trump having another enormously successful military operation,
- 39:30Speaker 2: the last just a few hours in actual execution, and
- 39:33Speaker 2: then it was over, and then Maduro was gone and
- 39:34Speaker 2: he was on his way to the United States. Schumer
- 39:38Speaker 2: and Kamala Harris and just about every Democrat you find
- 39:42Speaker 2: are are freaking out and they're just being hypocrites. They
- 39:46Speaker 2: just hate Trump and and just like they're defending every
- 39:50Speaker 2: illegal immigrant, they're defending all of the gang bangers who
- 39:53Speaker 2: are here. In this case, the Democrats are becoming the
- 39:58Speaker 2: chief defender of of Nicholas Maduro.
- 40:01Speaker 3: But as I mentioned on.
- 40:03Speaker 2: The legal front, if you look back to Noriega front
- 40:07Speaker 2: and center in terms of the litigation that will happen
- 40:11Speaker 2: over this is that in nineteen eighty nine, Bill Barr
- 40:18Speaker 2: was the Assistant Attorney General for the Office of Legal Counsel. Now,
- 40:21Speaker 2: Bill Barr, you have a call, ended up becoming George
- 40:24Speaker 2: Herbert Walker Bush's attorney general, and then he was also
- 40:27Speaker 2: a g for President Trump in the first term. Bill
- 40:30Speaker 2: Barr at the time was leading what's called OLC, and
- 40:33Speaker 2: OLC is charged under federal law with writing authoritative opinions
- 40:38Speaker 2: on what is what is the constitution, what is legal?
- 40:43Speaker 2: What are the constraints on the executive branch? And by
- 40:45Speaker 2: the way, there is a long history of incredibly important
- 40:50Speaker 2: jurist and scholars being the heads of OLC, including Antonin Scalia.
- 40:55Speaker 2: He was the head of OLC, including William Renquist, for
- 40:58Speaker 2: whom I clerked if Justice of the Supreme Court. He
- 41:01Speaker 2: was the head of OLC under Nixon, including Chuck Cooper,
- 41:05Speaker 2: my first boss when I practiced law. Uh So OLC
- 41:09Speaker 2: that they are typically they are often US Supreme Court
- 41:12Speaker 2: clerks themselves. They are constitutional experts. And Barr issued a
- 41:17Speaker 2: detailed opinion making clear that the US government had the
- 41:21Speaker 2: authority to go and apprehend uh uh Noriega and and
- 41:26Speaker 2: and Barr said several things, So it's a detailed opinion.
- 41:28Speaker 3: By the way, you can read the entire opinion. The
- 41:30Speaker 3: opinion is public. Uh.
- 41:32Speaker 2: But but Barr concluded that Number one, the FBI statutory
- 41:36Speaker 2: arrest authority quote authorisest extra territorial investigations and arrests. So
- 41:44Speaker 2: that's in the statute existing US law. The FBI can
- 41:48Speaker 2: go abroad and arrest someone. And and Barr concluded the
- 41:51Speaker 2: president can lawfully order that extratorial extra territorial arrest and
- 41:58Speaker 2: and interestingly, bar so one of the main arguments that
- 42:03Speaker 2: democrats in the media, although that's redundant because they're one
- 42:05Speaker 2: in the same democrats in the media, and by the way,
- 42:07Speaker 2: law professors fall into that same camp. They're all clutching
- 42:10Speaker 2: their pearls. And their main argument deals with the United
- 42:13Speaker 2: Nations Charter and an Article two four of the un
- 42:17Speaker 2: Charter prohibits the quote use of force against the territorial
- 42:22Speaker 2: integrity of any state. And so their main argument is
- 42:25Speaker 2: this violates the un Charter. Well, what Barr concluded, and
- 42:29Speaker 2: this is a quote and by the way, it's not
- 42:31Speaker 2: just Barr's opinion. This is a binding decision from OLC
- 42:34Speaker 2: that binds the executive and lesson until it's overturned. So
- 42:37Speaker 2: it is like a judicial opinion, but within the executive branch.
- 42:41Speaker 2: Barr said that Article two four of the UN Charter
- 42:46Speaker 2: does not quote prohibit the executive, as a matter of
- 42:51Speaker 2: domestic law, from authorizing forcible abductions. Put another way, quote,
- 42:56Speaker 2: as a matter of domestic law, the executive has the
- 43:00Speaker 2: to authorize actions inconsistent with Article two four of the
- 43:03Speaker 2: un Charter. What does that mean? The the un Charter
- 43:07Speaker 2: is not independently binding on the United States government. The
- 43:11Speaker 2: Constitution is binding on the government. You know, back before
- 43:15Speaker 2: I was in the Senate, what I did for a
- 43:17Speaker 2: living is argued us Supreme Court cases and and the
- 43:20Speaker 2: most consequential case that I argued before the Supreme Court
- 43:23Speaker 2: was a case called Mediing versus Texas.
- 43:26Speaker 3: I ended up winning six y three.
- 43:27Speaker 2: It was an incredibly consequential case, but it dealt with
- 43:31Speaker 2: the authority of the International Court of Justice, the World Court,
- 43:34Speaker 2: the judicial arm of the UN, to bind the US
- 43:37Speaker 2: justice system. And and and I argued representing the State
- 43:41Speaker 2: of Texas successfully, the UN doesn't have the authority to
- 43:44Speaker 2: do that. The World Court doesn't have the authority to
- 43:46Speaker 2: do it. It is the US Constitution, and it is
- 43:48Speaker 2: US laws. And if Congress wants to pass a law,
- 43:52Speaker 2: that can be binding. But Congress had not in that
- 43:55Speaker 2: in Median passed a law relevant to the issue there. Likewise,
- 43:59Speaker 2: here the DOJ opinion was, even if the UN Charter
- 44:03Speaker 2: says something different, as a matter of US constitutional law,
- 44:07Speaker 2: the President can order this. And critically, the Bar opinion
- 44:11Speaker 2: also concluded that a US arrest abroad quote in violation
- 44:16Speaker 2: of foreign law does not violate the Fourth Amendments. And
- 44:21Speaker 2: to be clear, the Bar opinion was litigated in the
- 44:24Speaker 2: nor Dieega case and and Noriega state in jail, so
- 44:28Speaker 2: he lost all of those claims. That is really powerful
- 44:32Speaker 2: legal precedent, and it is very closely on point.
- 44:36Speaker 1: You talk about the legal side this, I want to
- 44:38Speaker 1: ask just real quickly, are there other legal aspects and
- 44:42Speaker 1: challenges in this case It could come up as well.
- 44:45Speaker 2: Well, yes, and look, there are distinctions that I would
- 44:48Speaker 2: expect Maduro to argue between this case and the Noriega case.
- 44:53Speaker 2: In in the Norriega case, the General Assembly in Panama
- 44:58Speaker 2: had actually declared war on the United States.
- 45:01Speaker 3: Uh.
- 45:02Speaker 2: Secondly, they had shot and killed a US marine. And
- 45:05Speaker 2: so those are both both facts that that leaned in
- 45:09Speaker 2: favor of Noriega the president being able to respond and
- 45:12Speaker 2: respond militarily. In this instance, the government of of of
- 45:17Speaker 2: Venezuela has not formally declared war on the United States.
- 45:20Speaker 2: And they have not uh, they have not killed a
- 45:24Speaker 2: marine or a service member. Although uh, Maduro's drug trafficking
- 45:28Speaker 2: has killed countless Americans thousands, and and and and you know,
- 45:33Speaker 2: hundreds of thousands, maybe even millions, a massive number of
- 45:36Speaker 2: Americans Maduro is responsible for killing through drug trafficking. I
- 45:41Speaker 2: will say also that there is a second issue that
- 45:44Speaker 2: will be litigated, which is what's called head of state immunity.
- 45:48Speaker 2: So Maduro will go and argue that that the actions
- 45:52Speaker 2: he carried out were as the leader of Venezuela and
- 45:55Speaker 2: as a general principle US government, US courts don't imp
- 46:00Speaker 2: hose criminal liability for the actions a head of state does,
- 46:05Speaker 2: and Noriega was the de facto leader of Panama, but
- 46:09Speaker 2: he was not elected by the people. In this case,
- 46:13Speaker 2: the guy was recognized as a head of state, and
- 46:17Speaker 2: so it's different from Noriega.
- 46:18Speaker 3: That will be litigated.
- 46:20Speaker 2: I think the response to that is fine, that may
- 46:24Speaker 2: have been he may have enjoyed that immunity back in
- 46:28Speaker 2: twenty seventeen, twenty eighteen, but twenty nineteen when he ignored
- 46:31Speaker 2: the results of the election and seized power illegitimately, everyone
- 46:37Speaker 2: agrees he was illegitimate. The United States, by the way,
- 46:39Speaker 2: the Biden administration agreed that. The first Trump administration agreed
- 46:43Speaker 2: that most of the rest of the world is acknowledged
- 46:45Speaker 2: that Maduro stayed in power illegitimately. One exception from head
- 46:52Speaker 2: of state immunity is if the government invites you in.
- 46:56Speaker 2: In this case, I think you would say there's not
- 46:59Speaker 2: an operational government that is legitimate, that he was, he
- 47:03Speaker 2: was an illegitimate dictator, but that will be a subject
- 47:07Speaker 2: of litigation. It would not surprise me to see that
- 47:09Speaker 2: question go all the way to the US Supreme Court.
- 47:11Speaker 1: All right, and finally, I know I'm gonna laugh because
- 47:14Speaker 1: I know you're gonna have an answer to this. Are
- 47:15Speaker 1: there any other legal presents that are going to come
- 47:18Speaker 1: up in here as well as we wrap up the
- 47:19Speaker 1: legal side of this.
- 47:20Speaker 2: There are, And there's a line of cases that's known
- 47:23Speaker 2: as the Kerf Frisbee doctrine, which says that that unlawful
- 47:28Speaker 2: abductions of criminals on foreign soil does not stop the
- 47:34Speaker 2: criminal prosecution of those individuals in US courts. And the
- 47:40Speaker 2: lead case in this line of cases is a case
- 47:42Speaker 2: called the United States versus alvarezma Chain. It was a
- 47:46Speaker 2: nineteen ninety two ruling, and the Supreme Court six' three
- 47:50Speaker 2: concluded that A mexican national who was forcibly abducted In
- 47:55Speaker 2: mexico from his home brought to The United states that
- 47:59Speaker 2: he could be criminally. Prosecuted it didn't matter if his
- 48:03Speaker 2: being seized abroad was, illegally and so that line of.
- 48:06Speaker 2: Cases If maduro were just a run of the mill drug,
- 48:10Speaker 2: dealer it would be a very easy question that regardless
- 48:14Speaker 2: of the circumstances of his. Capture if he VIOLATED us criminal,
- 48:18Speaker 2: laws he could be prosecuted, here and so that line
- 48:20Speaker 2: of CASES i think will be. Relevant and, again all
- 48:24Speaker 2: the folks ON tv claiming this is illegal are ignoring
- 48:28Speaker 2: both The constitution And Supreme court, precedent not to mention
- 48:33Speaker 2: the BINDING doj opinion from nineteen eighty.
- 48:35Speaker 1: Nine, Center we've run along on this legal, issue which
- 48:39Speaker 1: is so, important AND i hope that everyone listening right
- 48:41Speaker 1: now enjoyed, it BECAUSE i feel Like i've learned a.
- 48:44Speaker 1: Lot i'm hoping that everyone listening has learned a lot
- 48:46Speaker 1: on the legal side of.
- 48:47Speaker 4: This but there's still a lot that we've.
- 48:49Speaker 1: Not gotten a covery At, Center so we're gonna do
- 48:51Speaker 1: that On wednesday. Show let's just talk a little bit
- 48:54Speaker 1: of preview on. That there's a lot of people asking
- 48:55Speaker 1: why was the wife? Arrested what's next Is, venezuela What
- 48:59Speaker 1: america's role should be? There also what's next for other
- 49:02Speaker 1: countries that have been, warned whether That's, Mexico. Columbia the
- 49:05Speaker 1: list goes kind of on and on in this part
- 49:06Speaker 1: of the world with narco, terrorism uh and also the
- 49:09Speaker 1: warnings To iran that have come from This White. House
- 49:11Speaker 1: all these are. Connected so let's kind of lay out
- 49:13Speaker 1: what you're gonna get On.
- 49:14Speaker 4: Wednesday, Yeah, look.
- 49:17Speaker 2: In terms of the, wife the answer to that is
- 49:19Speaker 2: is pretty. Simple she also has been. Indicted she's been
- 49:21Speaker 2: indicted as a collaborator who's been actively participating in the
- 49:26Speaker 2: in the criminal effort to be a drug, dealer and
- 49:28Speaker 2: she's been actively part of. It Uh, and so she's
- 49:31Speaker 2: separately indicted as another criminal. Defendant uh and and that's
- 49:34Speaker 2: why she was arrested as. Well what we're going to
- 49:37Speaker 2: talk about On wednesday is is there are very significant
- 49:39Speaker 2: geopolitical issues in terms of the rest Of Latin america
- 49:42Speaker 2: and in Particular. Cuba cuba is enormously dependent On. Venezuela
- 49:47Speaker 2: venezuela is enormously dependent On, cuba and and taking Out
- 49:50Speaker 2: maduro puts the communist regime In cuba in in in real.
- 49:55Speaker 2: Jeopardy and and and AND i think we could end
- 49:58Speaker 2: up SEEING i think there's a real possibility that we
- 50:01Speaker 2: see the communist government In cuba. Fall you also look
- 50:04Speaker 2: at In Colombia petro as an Anti american. Leftist there
- 50:08Speaker 2: was a very close ally Of, maduro's very close ally
- 50:11Speaker 2: of the communist government In. CUBA i think The colombian
- 50:16Speaker 2: leadership has got to be worried about this as. Well
- 50:18Speaker 2: so we're gonna break down those geopolitical issues On wednesday's,
- 50:21Speaker 2: Podcast but we're also going to talk about going, forward
- 50:24Speaker 2: which is What President trump did here was very. Important
- 50:27Speaker 2: he sent in a very targeted effort to go and
- 50:30Speaker 2: Arrest maduro for this. Indictment he succeeded incredibly. Well the
- 50:35Speaker 2: question is where do we go from? Here and early
- 50:39Speaker 2: on the administration has suggested That maduro's vice president is
- 50:44Speaker 2: likely to remain in charge Of. Venezuela that is raising significant.
- 50:50Speaker 2: Concerns we're going to talk about that because Because maduro's
- 50:54Speaker 2: vice president is also a Leftist america hating, communist and
- 50:59Speaker 2: and so that that that that raises significant. Problems one
- 51:03Speaker 2: of the justifications for going in is is That maduro was,
- 51:07Speaker 2: illegitimate and SO i think it's important and we're going
- 51:10Speaker 2: to talk about this On, wednesday that that that that
- 51:13Speaker 2: there be a democratic election In venezuela relatively, quickly so
- 51:18Speaker 2: that you have a, legitimate democratically elected. Leader AND i
- 51:21Speaker 2: also think it is very important That america not get
- 51:25Speaker 2: mired down in a long extended. OCCUPATION i don't think
- 51:29Speaker 2: that's gonna. HAPPEN i don't Think President trump wants that to.
- 51:32Speaker 2: Happen but there are real risks and and we we've
- 51:36Speaker 2: seen that uh in in the wake Of, afghanistan in
- 51:39Speaker 2: the wake Of iraq to having a long EXTENDED us
- 51:43Speaker 2: military presence on the. Ground and so we're going to
- 51:45Speaker 2: talk about the risks there and and and also about
- 51:50Speaker 2: Uh Maria Karina, machado the leader of the, opposition what her,
- 51:55Speaker 2: Role Juan, guido what's gonna happen. Next all of that's
- 51:58Speaker 2: going to be In wednesday's.
- 51:59Speaker 4: Podcast it's going to be a really interesting. One don't.
- 52:01Speaker 1: Forget download this Show, Monday Wednesday friday wherever you get
- 52:04Speaker 1: your podcasts at that subscriber on a download. Button and
- 52:07Speaker 1: this pod we do most days now on video as,
- 52:09Speaker 1: well so you can watch On facebook or on. YouTube
- 52:12Speaker 1: grab that there as well in the. CENTER i will
- 52:14Speaker 1: see you back here On wednesday morning for another really fun.
- 52:17Speaker 4: Show