Trump DOJ Memo Claims President Above International Law
A classified 20-30 page Justice Department legal opinion presented to Congress on Tuesday argues that President Trump faced no constitutional or international legal constraints when he ordered the military operation to capture Venezuelan President Nicolás Maduro. The Office of Legal Counsel memo asserts Trump’s authority as commander-in-chief under Article II of the Constitution permitted the operation, codenamed Absolute Resolve, without prior congressional approval.
The opinion builds directly on a 1989 legal memo authored by William Barr, Trump’s current Attorney General, which claimed presidents possess “inherent constitutional authority” to order law enforcement operations in foreign countries even when doing so violates international law. The new memo treats that premise as settled and argues the Maduro operation did not constitute war in the constitutional sense, therefore bypassing the War Powers Act requirement for congressional authorization. An unclassified version released simultaneously states that international law “does not restrict the president as a matter of domestic law” regarding rendition operations.
The memo conceded that Trump personally justified the operation by stating control of Venezuelan oil reserves was the objective, though the administration maintains it was solely a law enforcement action targeting Maduro as the leader of a narco-trafficking organization. A White House official stated the operation was lawful and that “the Department of Justice routinely executes federal arrest warrants abroad,” framing the military-backed seizure as standard law enforcement practice.
Democratic lawmakers directly contradicted this characterization, arguing that removing a foreign head of state by military force constitutes an act of war regardless of law enforcement justifications. The administration has also used success in the Maduro operation to embolden plans for military actions against other targets, with officials accelerating preparations that extend beyond Venezuela.
The memo stipulated that any military support must remain proportional to the law enforcement objective and acknowledged that military commanders had not assessed Maduro’s actions as a direct or imminent threat to U.S. forces. Nevertheless, the opinion concluded the likelihood of armed resistance justified deploying U.S. military assets. The opinion was provided to lawmakers after the operation had already been executed, establishing legal justification retroactively rather than constraining executive action beforehand.
(Source: https://www.cnn.com/2026/01/13/politics/memo-maduro-capture-olc)