Verdict with Ted Cruz - Maduro Arrested-Why Trump Ordered this Historic Attack & the Detailed Legal Basis for his Authority to Do So

00:00:00.000 This is an iHeart Podcast.

00:00:02.660 Guaranteed human.

00:00:05.440 Welcome, it is Verdict with Senator Ted Cruz,

00:00:07.840 Ben Ferguson with you.

00:00:08.980 And Senator, this is a show we get to start

00:00:10.920 that was something that we thought could happen,

00:00:13.400 but the way it happened was truly incredible.

00:00:16.200 Maduro is now in New York City,

00:00:17.860 not far from where you are in Washington, D.C. right now.

00:00:20.780 I promise you, he didn't think that was gonna happen.

00:00:24.200 And no loss of American life in going in and getting him.

00:00:27.880 God bless our men and women in uniform.

00:00:29.440 They are just incredible heroes right now.

00:00:32.520 Well, listen, we are living in extraordinary times.

00:00:35.740 And what transpired this weekend was extraordinary.

00:00:39.100 It was an incredible act of military might,

00:00:41.760 of military precision.

00:00:43.320 It was an incredible intelligence victory.

00:00:46.220 The U.S. military went in on Saturday into Venezuela,

00:00:50.480 captured Nicolas Maduro, captured his wife,

00:00:53.760 removed them from Venezuela,

00:00:55.580 brought them to New York for criminal prosecution.

00:00:58.460 As you noted, without the loss of even a single American life.

00:01:02.800 That is a big, big deal.

00:01:04.740 It is incredibly complicated to go into a Venezuelan military base.

00:01:10.360 You know, there had been a lot of talk about all of the anti-aircraft,

00:01:14.800 air defenses that Venezuela had,

00:01:16.720 many of them from Russia.

00:01:18.880 At the end of the day, the operation was flawless.

00:01:21.940 And I will give an enormous amount of credit to President Trump.

00:01:24.940 President Trump acted decisively in ordering this attack.

00:01:29.860 There was real risk.

00:01:30.680 It could have gone badly.

00:01:31.720 And if it had gone badly,

00:01:32.920 that obviously would not have been good.

00:01:35.020 There could have been real loss of life.

00:01:37.200 That didn't happen.

00:01:38.060 There were a thousand ways this could have gone wrong.

00:01:40.360 But it was flawlessly executed.

00:01:42.700 And right now, the people of Venezuela are better off.

00:01:46.120 The people of America are better off.

00:01:48.360 And the world is better off.

00:01:49.660 And so what we're going to do on this podcast,

00:01:52.200 there are podcasts that you and I do that I think are particularly important.

00:01:55.420 And I would put this one in that category.

00:01:56.920 We're going to analyze why Venezuela matters so much,

00:02:00.760 why President Trump ordered the military,

00:02:04.160 ordered the FBI to go arrest Maduro,

00:02:07.920 why that matters,

00:02:08.800 and why both Venezuela and America are better off because of it.

00:02:12.880 And then we're also going to break down

00:02:14.480 not just the geopolitical implications of it,

00:02:16.980 but the legal implications.

00:02:18.000 You're hearing a lot of folks on TV,

00:02:20.580 every Democrat and most of the media are beating their chest,

00:02:23.900 saying this is illegal, there's no basis.

00:02:25.640 Trump is the dictator here.

00:02:28.200 And so we're going to break down in some real detail the legal basis.

00:02:33.200 I believe the president had the authority to order this arrest.

00:02:37.140 I think it was carried out pursuant to the Constitution,

00:02:40.560 pursuant to U.S. law.

00:02:41.860 But I'm going to break down and explain why.

00:02:44.160 And then we're going to talk also some about what next,

00:02:46.740 what happens in Venezuela next.

00:02:48.320 And I've got to say question three,

00:02:50.100 I think is the most complicated question.

00:02:52.360 It is a question that is rife with risk.

00:02:56.640 But also has a real potential,

00:02:59.380 not just to transform Venezuela,

00:03:01.200 but to transform the entire Western hemisphere.

00:03:04.920 And so this is a moment to be celebrating a great military success,

00:03:08.960 to be optimistic for the future,

00:03:11.180 but also to be cautious because there are a lot of ways

00:03:13.760 that this could go sideways.

00:03:16.200 And so I think it matters a great deal

00:03:18.220 how the administration proceeds in the next three years.

00:03:22.020 Yeah, it's going to be really interesting to see.

00:03:23.380 And we're going to break all that down for you.

00:03:25.180 I want to take a moment, though,

00:03:26.280 and talk to you about our friends at Compassion International.

00:03:28.940 Right now, somewhere in the world,

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00:03:34.280 They're telling you about their day,

00:03:36.420 their dreams,

00:03:37.600 the goal they scored,

00:03:39.440 the test they passed,

00:03:41.000 the new friend they made at school.

00:03:42.900 Maybe they're drawing you even a picture.

00:03:45.020 Maybe they've asked you about your family,

00:03:47.480 your favorite color,

00:03:48.780 what makes you laugh.

00:03:49.940 They're wondering who you are,

00:03:51.700 this person who cares enough to be part of their story.

00:03:55.500 And you,

00:03:56.240 you're not just sending money,

00:03:57.920 you're writing back.

00:03:59.240 You're showing up month after month,

00:04:01.720 letter after letter.

00:04:02.940 You're celebrating their victories,

00:04:05.100 encouraging them through challenges,

00:04:07.520 and reminding them that they truly matter.

00:04:10.320 Now, this isn't a transaction.

00:04:12.520 It's an incredible relationship that spans continents

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00:04:23.480 Real letters,

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00:04:27.220 Because poverty isn't solved with donations alone.

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00:04:39.420 That's Compassion.com.

00:04:42.100 All right, so Senator,

00:04:43.400 I want to start with just laying the groundwork here.

00:04:46.980 There has been a lot of media attention acting like this was somehow

00:04:50.520 just the president going warp speed

00:04:53.040 and just deciding on a whim to do this.

00:04:55.480 This was a marathon.

00:04:57.420 It was laid out with indictments.

00:05:01.280 The idea that this was some sort of like quick knee-jerk reaction

00:05:06.440 by the president of the United States of America

00:05:07.980 is total insanity.

00:05:09.200 There was incredible military planning that went into this,

00:05:12.440 including building the same structure

00:05:15.680 that they knew they were going to have to go into.

00:05:17.880 There was CIA on the ground, we were told,

00:05:20.160 and lots of intelligence that was gathered

00:05:22.080 in Venezuela as well.

00:05:24.820 And yet, the media tried to say,

00:05:26.260 well, this is just some, you know,

00:05:28.120 dictator tyrant and Donald Trump going in there

00:05:30.340 and just taking out somebody.

00:05:31.940 No, it wasn't.

00:05:33.300 There was a marathon,

00:05:34.840 including conversations directly with Maduro

00:05:37.440 and telling him you've got multiple off-ramps

00:05:40.620 which you chose not to take.

00:05:42.340 Well, let's start with what happened

00:05:44.380 and then we're going to talk about why it happened

00:05:46.120 and what the geopolitical incentives,

00:05:49.680 what the reasons were for going in and capturing Maduro.

00:05:52.680 Then we're going to talk about the legal basis

00:05:54.040 and finally we're going to talk about what happens next.

00:05:55.840 But let's just start with what happened on Saturday

00:05:59.360 and the best explanation of it that I've seen

00:06:02.020 is from the chairman of the Joint Chiefs, Dan Cain,

00:06:04.880 nicknamed Raisin Cain,

00:06:06.220 and he laid out exactly what happened.

00:06:09.280 And this clip is a little long,

00:06:11.640 it's about six, seven minutes,

00:06:12.800 but it's worth listening to

00:06:14.240 because he lays out with precision

00:06:16.240 what exactly occurred.

00:06:18.480 So listen to the chairman of the Joint Chiefs,

00:06:20.680 General Cain.

00:06:21.140 This operation, known as Operation Absolute Resolve,

00:06:25.020 was discreet, precise,

00:06:27.320 and conducted during the darkest hours of January 2nd

00:06:30.880 and was in the culmination

00:06:32.240 of months of planning and rehearsal.

00:06:34.960 We watched, we waited, we prepared,

00:06:38.600 we remained patient and professional.

00:06:41.800 This mission was meticulously planned,

00:06:44.560 drawing lessons from decades of missions

00:06:47.100 over the last many years,

00:06:48.820 decades of many missions over these last many years.

00:06:52.620 This was an audacious operation

00:06:54.780 that only the United States could do.

00:06:58.420 It required the utmost of precision

00:07:00.700 and integration within our joint force.

00:07:04.260 And the word integration

00:07:05.860 does not explain the sheer complexity

00:07:09.040 of such a mission.

00:07:10.820 An extraction so precise,

00:07:13.740 it involved more than 150 aircraft

00:07:16.220 launching across the Western Hemisphere,

00:07:18.820 in close coordination,

00:07:20.860 all coming together in time and place

00:07:24.440 to layer effects for a single purpose,

00:07:28.320 to get an interdiction force

00:07:30.280 into downtown Caracas

00:07:32.160 while maintaining the element

00:07:34.600 of tactical surprise.

00:07:36.480 Failure of one component

00:07:38.280 of this well-oiled machine

00:07:40.060 would have endangered the entire mission,

00:07:42.540 and failure is never an option

00:07:45.280 for America's joint force.

00:07:47.300 Those in the air over Caracas last night

00:07:50.860 were willing to give their lives

00:07:52.980 for those on the ground

00:07:54.420 and in the helicopters.

00:07:55.800 Let me talk a little bit

00:07:56.660 about the preparation.

00:07:58.580 After months of work

00:07:59.640 by our intelligence teammates

00:08:01.060 to find Maduro

00:08:02.220 and understand how he moved,

00:08:05.520 where he lived,

00:08:06.860 where he traveled,

00:08:08.280 what he ate,

00:08:09.280 what he wore,

00:08:10.760 what were his pets,

00:08:11.820 in early December,

00:08:13.780 our force was set

00:08:15.020 pending a series

00:08:16.500 of aligned events.

00:08:18.880 Key was choosing

00:08:20.000 the right day

00:08:21.440 to minimize the potential

00:08:22.980 for civilian harm

00:08:24.200 and maximize

00:08:25.440 the element of surprise

00:08:27.380 and minimize the harm

00:08:29.140 to the indicted personnel

00:08:30.320 so, as the President said,

00:08:32.080 they could be brought to justice.

00:08:34.520 And as the President said

00:08:35.960 earlier today,

00:08:37.480 weather in Venezuela

00:08:38.580 is always a factor

00:08:40.300 this time of the year.

00:08:42.020 And over the weeks

00:08:43.320 through Christmas

00:08:43.980 and New Year's,

00:08:45.260 the men and women

00:08:46.100 of the United States military

00:08:47.600 sat ready,

00:08:49.340 patiently waiting

00:08:50.340 for the right triggers

00:08:51.680 to be met

00:08:52.420 and the President

00:08:53.420 to order us into action.

00:08:55.140 Last night,

00:08:55.940 the weather broke just enough,

00:08:57.780 clearing a path

00:08:58.560 that only the most skilled

00:09:00.860 aviators in the world

00:09:02.920 could maneuver through.

00:09:04.480 Ocean,

00:09:05.560 mountain,

00:09:06.160 low clouds,

00:09:07.080 ceilings,

00:09:07.560 but when tasked

00:09:09.040 with a mission,

00:09:10.820 this organization

00:09:11.820 does not quit.

00:09:14.080 At 10.46 p.m.

00:09:16.060 Eastern Time last night,

00:09:17.600 the President ordered

00:09:18.600 the United States military

00:09:19.960 to move forward

00:09:21.380 with this mission.

00:09:22.780 He said to us,

00:09:23.640 and we appreciate it,

00:09:24.720 Mr. President,

00:09:25.400 good luck

00:09:25.880 and Godspeed.

00:09:27.540 And those words

00:09:28.240 were transmitted

00:09:28.940 to the entire Joint Force.

00:09:30.960 Over the course of the night,

00:09:32.100 aircraft began launching

00:09:33.340 from 20 different bases

00:09:34.940 on land and sea

00:09:36.980 across the Western Hemisphere.

00:09:39.240 In total,

00:09:40.020 more than 150 aircraft,

00:09:41.920 bombers,

00:09:42.900 fighters,

00:09:43.780 intelligence,

00:09:44.660 reconnaissance,

00:09:45.520 surveillance,

00:09:46.280 rotary wing

00:09:46.860 were in the air last night.

00:09:48.700 Thousands and thousands

00:09:50.180 of hours of experience

00:09:51.660 were airborne.

00:09:53.340 Our youngest crew member

00:09:54.360 was 20

00:09:55.000 and our oldest crew member

00:09:56.800 was 49.

00:09:57.980 And there's simply no match

00:09:59.560 for American military might.

00:10:01.620 As the night began,

00:10:02.960 the helicopters took off

00:10:04.660 with the extraction force

00:10:05.880 which included

00:10:06.560 law enforcement officers

00:10:07.760 and began their flight

00:10:09.380 into Venezuela

00:10:10.200 at 100 feet above the water.

00:10:12.800 As they approached

00:10:13.560 Venezuelan shores,

00:10:15.300 the United States

00:10:16.100 began layering

00:10:17.040 different effects

00:10:18.000 provided by Spacecom,

00:10:19.540 Cybercom,

00:10:20.180 and other members

00:10:20.920 of the interagency

00:10:21.820 to create a pathway.

00:10:24.280 Overhead,

00:10:25.040 those forces

00:10:25.600 were protected

00:10:26.280 from aircraft,

00:10:27.500 were protected by aircraft

00:10:28.940 from the United States Marines,

00:10:31.060 the United States Navy,

00:10:32.220 the United States Air Force,

00:10:34.240 and the Air National Guard.

00:10:35.920 The force included

00:10:36.940 F-22s,

00:10:38.280 F-35s,

00:10:39.740 F-18s,

00:10:41.200 EA-18s,

00:10:42.620 E-2s,

00:10:43.340 B-1 bombers,

00:10:44.360 and other support aircraft

00:10:45.640 as well as numerous

00:10:46.920 remotely piloted drones.

00:10:49.400 As the force began

00:10:50.640 to approach Caracas,

00:10:52.300 the joint air component

00:10:53.640 began dismantling

00:10:55.520 and disabling

00:10:56.740 the air defense systems

00:10:58.580 in Venezuela,

00:10:59.940 employing weapons

00:11:00.900 to ensure

00:11:02.000 the safe passage

00:11:03.120 of the helicopters

00:11:04.400 into the target area.

00:11:06.320 The goal of our air component

00:11:07.740 is,

00:11:08.960 was,

00:11:10.160 and always will be

00:11:11.820 to protect

00:11:12.860 the helicopters

00:11:13.660 and the ground force

00:11:15.000 and get them

00:11:16.140 to the target

00:11:16.880 and get them home.

00:11:18.380 As the force

00:11:19.080 crossed the last point

00:11:20.660 of high terrain

00:11:21.520 where they'd been hiding

00:11:22.920 in the clutter,

00:11:24.220 we assessed

00:11:24.800 that we had maintained

00:11:26.400 totally

00:11:27.380 the element of surprise.

00:11:29.160 As the helicopter force

00:11:30.740 ingress towards

00:11:31.880 the objective

00:11:32.440 at low level,

00:11:33.780 we arrived

00:11:34.500 at Maduro's compound

00:11:35.680 at 1.01 a.m.

00:11:37.960 Eastern Standard Time

00:11:39.240 or 2.01 a.m.

00:11:41.320 Caracas local time,

00:11:42.840 and the apprehension force

00:11:44.520 descended

00:11:45.300 into Maduro's compound

00:11:46.640 and moved

00:11:47.520 with speed,

00:11:48.900 precision,

00:11:49.620 and discipline

00:11:50.500 towards their objective

00:11:51.900 and isolated the area

00:11:53.660 to ensure

00:11:54.300 the safety

00:11:54.900 and security

00:11:55.920 of the ground force

00:11:56.920 while apprehending

00:11:58.340 the indicted persons.

00:12:00.480 On arrival

00:12:01.520 into the target area,

00:12:02.600 the helicopters

00:12:03.180 came under fire

00:12:04.220 and they replied

00:12:05.640 with that fire

00:12:06.340 with overwhelming force

00:12:07.700 and self-defense.

00:12:09.300 One of our aircraft

00:12:10.160 was hit

00:12:10.640 but remained flyable,

00:12:12.000 and as the President

00:12:12.660 said earlier today,

00:12:13.900 all of our aircraft

00:12:14.840 came home,

00:12:15.800 and that aircraft

00:12:16.560 remained flyable

00:12:17.320 during the rest

00:12:17.940 of the mission.

00:12:19.120 As the operation

00:12:20.040 unfolded at the compound,

00:12:21.520 our air and ground

00:12:22.660 intelligence teams

00:12:23.740 provided real-time updates

00:12:25.740 to the ground force,

00:12:27.180 ensuring those forces

00:12:28.280 could safely navigate

00:12:29.620 the complex environment

00:12:30.880 without unnecessary risk.

00:12:33.100 The force remained

00:12:34.240 protected by overhead

00:12:36.080 tactical aviation.

00:12:38.180 Maduro and his wife,

00:12:39.720 both indicted,

00:12:40.720 gave up

00:12:41.260 and were taken

00:12:42.400 into custody

00:12:43.160 by the Department of Justice,

00:12:45.040 assisted by our

00:12:45.940 incredible U.S. military

00:12:47.320 with professionalism

00:12:48.820 and precision,

00:12:50.920 with no loss

00:12:52.440 of U.S. life.

00:12:53.380 After securing

00:12:55.140 the indicted persons,

00:12:56.380 the force began

00:12:57.240 to prep for departure.

00:12:59.180 Helicopters were called

00:13:00.320 in to exfiltrate

00:13:01.500 the extraction force,

00:13:03.140 while fighter aircraft

00:13:04.420 and remotely piloted aircraft

00:13:06.300 provided overhead coverage

00:13:07.960 and suppressive fire.

00:13:10.120 There were multiple

00:13:11.100 self-defense engagements

00:13:12.900 as the force began

00:13:14.720 to withdraw

00:13:15.340 out of Venezuela.

00:13:16.820 The force successfully

00:13:18.340 exfiltrated

00:13:19.180 and returned

00:13:20.220 to their afloat

00:13:21.360 launch bases,

00:13:22.240 and the force

00:13:23.320 was over the water

00:13:24.260 at 3.29 a.m.

00:13:26.760 Eastern Standard Time

00:13:28.100 with indicted persons

00:13:29.720 on board.

00:13:31.120 And both Maduro

00:13:32.360 and his wife

00:13:33.100 were embarked

00:13:34.200 aboard the USS Uajima.

00:13:36.440 You listen to that story,

00:13:37.960 Senator,

00:13:38.200 and it's one that for me

00:13:39.600 is just like,

00:13:40.720 God bless America.

00:13:42.100 Like, our men and women,

00:13:43.340 they are such heroes

00:13:45.140 and I'm so proud of them.

00:13:47.240 I know when you were

00:13:48.420 listening to that

00:13:49.080 and watching

00:13:50.080 like everyone else was,

00:13:51.740 just that pure sense

00:13:53.060 of pride in your country

00:13:54.320 to see our military

00:13:56.160 get that,

00:13:57.100 I also think

00:13:57.880 the recognition

00:13:58.620 they deserve

00:13:59.500 for doing this

00:14:00.500 is another part of it.

00:14:01.800 And Trump's letting

00:14:02.720 them do their job.

00:14:03.600 It goes back to what

00:14:04.380 the FBI director says.

00:14:05.700 We're letting good cops

00:14:06.760 be good cops.

00:14:07.660 We're letting law enforcement

00:14:08.680 be law enforcement.

00:14:09.160 They're letting the military

00:14:10.080 men and women

00:14:10.640 do what they do well

00:14:11.760 without all the BS,

00:14:13.320 all the political correctness.

00:14:15.000 Like, let them

00:14:15.720 do their job.

00:14:16.720 Well, and focusing

00:14:17.960 on the bad guys

00:14:18.760 and you look

00:14:19.720 at the precision,

00:14:20.620 this was an incredibly

00:14:21.660 complicated military operation

00:14:23.960 and law enforcement

00:14:25.260 arrest operation.

00:14:26.620 And to go in,

00:14:28.680 Caracas is a city

00:14:30.020 of about 5 million people

00:14:31.480 in the metropolitan area.

00:14:32.640 To go into a major city,

00:14:35.120 to go into a military base

00:14:36.960 where you have soldiers,

00:14:38.740 you've got anti-aircraft equipment,

00:14:40.560 to go in successfully,

00:14:42.340 not have a helicopter,

00:14:43.560 not have a plane shot down,

00:14:44.940 that was execution

00:14:47.360 on the part of Delta Force.

00:14:48.740 That was execution

00:14:49.460 in terms of satellites

00:14:51.160 and spy operations,

00:14:52.920 the CIA on the ground,

00:14:54.840 the ability to neutralize

00:14:57.460 Venezuela's ability

00:14:59.300 to inflict harm

00:15:00.680 and strike back

00:15:01.780 and to execute this

00:15:03.040 flawlessly was remarkable.

00:15:06.460 And here's how

00:15:07.480 President Trump put it.

00:15:08.460 He put,

00:15:08.760 President Trump put it

00:15:09.840 very pithy,

00:15:11.000 but listen to what

00:15:11.640 the president said

00:15:12.300 about what happened

00:15:12.960 on Saturday.

00:15:13.780 Late last night,

00:15:14.940 and early today,

00:15:16.880 at my direction,

00:15:18.820 the United States

00:15:20.060 Armed Forces

00:15:21.660 conducted an extraordinary

00:15:23.540 military operation

00:15:24.900 in the capital

00:15:26.520 of Venezuela.

00:15:29.280 Overwhelming American

00:15:30.460 military power,

00:15:31.640 air, land, and sea

00:15:32.660 was used to launch

00:15:34.060 a spectacular assault.

00:15:37.040 And it was an assault

00:15:38.460 like people have not seen

00:15:39.680 since World War II.

00:15:41.500 It was a force against

00:15:43.380 a heavily fortified

00:15:44.900 military fortress

00:15:46.020 in the heart of Caracas

00:15:47.800 to bring outlawed dictator

00:15:50.220 Nicolas Maduro to justice.

00:15:52.720 This was one of the most

00:15:54.580 stunning, effective,

00:15:56.600 and powerful displays

00:15:57.660 of American military might

00:16:00.140 and competence

00:16:01.020 in American history.

00:16:02.520 And if you think about it,

00:16:04.560 we've done some

00:16:05.300 other good ones

00:16:06.760 like the attack

00:16:08.200 on Soleimani,

00:16:10.040 the attack

00:16:11.600 on al-Baghdadi,

00:16:12.960 and the obliteration

00:16:14.820 and decimation

00:16:15.720 of the Iran nuclear sites.

00:16:18.120 You listen to that list

00:16:19.400 from the president.

00:16:20.260 Like,

00:16:20.420 what he's been able to do

00:16:21.360 with foreign policy

00:16:22.260 has been pretty incredible.

00:16:23.520 Also,

00:16:24.060 in doing it in a way

00:16:24.860 that protects

00:16:25.420 American lives as well.

00:16:26.700 Yeah.

00:16:27.520 Yeah, look,

00:16:28.180 and this is the opposite

00:16:30.200 of military adventurism,

00:16:32.420 of putting American troops

00:16:33.780 on the ground

00:16:34.480 for an extended period of time.

00:16:36.380 This is going after

00:16:37.560 a clear,

00:16:38.480 discrete objective,

00:16:39.760 an enemy of America,

00:16:41.180 and carrying out

00:16:42.180 with precision.

00:16:43.820 I don't think

00:16:44.700 there's another military

00:16:45.660 on the face of the planet

00:16:46.680 that could carry out

00:16:48.020 what the U.S. military

00:16:48.980 did this weekend.

00:16:50.100 And I've got to say,

00:16:50.700 every enemy of America

00:16:51.860 has got to be looking at this.

00:16:53.920 China is looking at this

00:16:55.720 going, wow.

00:16:56.660 Russia is looking at this

00:16:57.820 going, wow.

00:16:58.940 Iran,

00:16:59.520 well,

00:16:59.720 Iran doesn't have to look at this

00:17:01.020 because Iran saw

00:17:02.280 when the president

00:17:03.120 last year

00:17:04.340 ordered B-2s

00:17:06.000 to fly around the globe

00:17:07.720 and drop the equivalent

00:17:09.700 of half a nuclear weapon,

00:17:11.460 bunker busters,

00:17:12.340 on the Iranian nuclear facilities,

00:17:14.060 take them out.

00:17:14.760 Again,

00:17:15.820 no American loss of life.

00:17:17.660 The precision,

00:17:18.540 they hit precisely

00:17:19.340 their target,

00:17:20.100 they destroyed their target

00:17:21.140 in this instance.

00:17:22.180 The same is true.

00:17:23.920 And let's talk about why.

00:17:25.320 So Venezuela...

00:17:26.660 Yeah, I think it's really important

00:17:28.060 that people understand

00:17:28.900 the why here.

00:17:30.080 So Nicolas Maduro

00:17:31.140 and his wife

00:17:31.800 were both arrested

00:17:34.200 and they were transported

00:17:35.380 to New York City.

00:17:36.220 Maduro is the dictator

00:17:37.440 of Venezuela.

00:17:38.720 He is, number one,

00:17:39.740 illegitimate in power.

00:17:41.560 He had been

00:17:42.800 the number two

00:17:43.820 when Hugo Chavez,

00:17:45.600 a communist,

00:17:46.860 when he died in office.

00:17:48.260 So Hugo Chavez,

00:17:49.060 you look at Venezuela's history.

00:17:51.060 In 1950,

00:17:52.280 where do you think

00:17:53.660 Venezuela ranked

00:17:54.720 in terms of GDP per capita?

00:17:56.800 I gotta assume

00:17:57.680 it was not that high.

00:17:59.180 It was number four

00:18:00.220 in the world.

00:18:01.280 Really?

00:18:02.240 In 1950,

00:18:03.760 the top four countries

00:18:05.220 for GDP per capita

00:18:06.760 were the United States,

00:18:09.000 Switzerland,

00:18:10.020 New Zealand,

00:18:11.160 and Venezuela.

00:18:12.240 Venezuela is...

00:18:12.620 And that's because of gold

00:18:14.300 and oil, right?

00:18:15.340 Gold and oil,

00:18:16.660 enormous natural resources.

00:18:18.440 It was an incredibly

00:18:20.180 booming economy.

00:18:21.460 But then what happened

00:18:22.420 is Hugo Chavez,

00:18:23.460 a communist,

00:18:24.660 came into power

00:18:25.660 and just utterly destroyed

00:18:27.980 the economy there.

00:18:29.760 Poverty skyrocketed.

00:18:32.280 Chavez nationalized...

00:18:35.440 Companies nationalized

00:18:36.900 oil resources.

00:18:38.600 And where do you think

00:18:40.780 Venezuela ranks

00:18:41.720 in terms of the size

00:18:43.460 of their oil reserves?

00:18:45.280 So I actually know

00:18:46.680 too much about this.

00:18:47.520 They are the largest

00:18:48.440 oil reserves in the world,

00:18:49.860 if I'm not mistaken.

00:18:51.000 You're exactly right.

00:18:52.020 They're bigger than Saudi Arabia.

00:18:53.280 They're bigger than

00:18:53.820 the United States.

00:18:54.580 They've got massive

00:18:55.780 oil reserves.

00:18:57.560 They were incredibly prosperous.

00:18:58.900 But it turns out

00:18:59.960 when communist comes power...

00:19:02.380 It doesn't matter

00:19:02.840 what resources you've got,

00:19:04.280 they can screw it up, isn't it?

00:19:06.040 I mean, if you think about

00:19:07.100 how small the country is

00:19:08.300 compared to having

00:19:09.280 the largest oil reserves

00:19:10.300 in the world,

00:19:10.760 you'd think,

00:19:11.420 how could you ever have

00:19:13.000 a government that's failing

00:19:14.680 and a population

00:19:15.820 living in poverty

00:19:16.660 and yet this is proof

00:19:18.080 that communism,

00:19:19.200 even with the number one

00:19:20.900 oil reserve in the world,

00:19:21.720 still doesn't work.

00:19:23.200 Yeah.

00:19:23.500 Chavez and then Maduro

00:19:24.660 after him destroyed

00:19:26.000 the economy.

00:19:26.840 Poverty skyrocketed.

00:19:28.060 You've had over

00:19:28.740 eight million Venezuelans

00:19:31.080 flee the country,

00:19:32.260 go to neighboring countries,

00:19:33.340 go to the United States

00:19:34.400 because they've just driven

00:19:36.160 the economy into the ground.

00:19:38.420 There also have been

00:19:39.820 dictators and drug dealers.

00:19:41.820 And if you look at Maduro,

00:19:44.020 Maduro came into power

00:19:45.440 initially when Chavez

00:19:46.640 died of cancer.

00:19:48.100 He was then elected

00:19:49.380 to be the leader

00:19:50.940 of Venezuela.

00:19:51.520 But then in 2019,

00:19:53.040 there was another election

00:19:54.520 that America,

00:19:56.800 international observers,

00:19:58.000 everyone agrees Maduro lost.

00:19:59.740 He was beaten in the election.

00:20:01.220 The Venezuelan people said,

00:20:02.560 no, we don't want Maduro.

00:20:04.620 And he said,

00:20:05.400 I don't care.

00:20:05.960 I've got the army.

00:20:06.800 I'm staying in power.

00:20:07.920 Which part of dictator

00:20:08.820 do you not understand?

00:20:09.660 And for the last six years,

00:20:12.880 he has been in power

00:20:14.200 as a dictator.

00:20:15.420 He has also opened Venezuela up.

00:20:18.020 So he works in close harmony

00:20:20.040 with Cuba,

00:20:20.980 the communist government there.

00:20:22.940 And it's very Cuba,

00:20:23.900 by the way,

00:20:24.180 with their oil.

00:20:24.740 A lot of people don't understand that.

00:20:26.020 Cuba desperately relies

00:20:27.560 on Venezuela.

00:20:28.900 Yes, absolutely right.

00:20:30.720 And we're going to talk about

00:20:31.620 the consequences

00:20:32.780 of what this means

00:20:33.860 in Latin America,

00:20:35.340 but especially Cuba

00:20:36.280 because I think it's

00:20:36.780 highly consequential for Cuba.

00:20:38.340 He also,

00:20:40.000 Maduro has been very,

00:20:41.160 very close to Putin in Russia.

00:20:42.620 He relies on Putin in Russia.

00:20:44.500 He's been very close to China

00:20:46.140 and opened up Venezuela to China.

00:20:48.680 He also has had

00:20:49.940 a very close relationship

00:20:51.240 with Iran.

00:20:52.100 You look at every enemy

00:20:53.000 of America

00:20:53.660 and Maduro has said,

00:20:55.980 if you're an enemy

00:20:56.680 of America,

00:20:58.180 my communist regime

00:20:59.500 is in business with you.

00:21:01.080 You've got Iranian operatives

00:21:02.680 in Venezuela.

00:21:03.500 You've got Hezbollah

00:21:04.600 in Venezuela.

00:21:06.060 And on top of that,

00:21:08.540 Maduro has been

00:21:09.520 a major drug dealer

00:21:11.360 working,

00:21:12.120 his government

00:21:12.720 working hand in hand

00:21:14.040 with the FARC

00:21:15.340 in Colombia

00:21:15.980 to bring

00:21:17.800 massive amounts

00:21:19.480 of drugs,

00:21:20.040 particularly cocaine,

00:21:21.040 into the United States.

00:21:22.000 All of that

00:21:22.620 is who Maduro is.

00:21:24.540 By the way,

00:21:25.060 you mentioned China

00:21:25.800 a moment ago.

00:21:26.300 Just to put it in perspective,

00:21:27.700 China was there

00:21:29.140 within hours

00:21:30.340 and their delegation

00:21:31.220 was apparently

00:21:31.800 still in the country

00:21:33.600 when we took him out

00:21:36.040 and brought him

00:21:36.540 back to America.

00:21:37.320 I mean,

00:21:37.480 imagine you meet

00:21:38.100 with Maduro

00:21:38.600 and then you wake up

00:21:39.840 a few hours later

00:21:40.860 and they're like,

00:21:41.460 Maduro's been captured

00:21:42.460 by America.

00:21:43.160 Can you imagine China

00:21:44.040 what they're thinking

00:21:44.680 right now?

00:21:45.460 Yeah, no,

00:21:45.840 I mean,

00:21:46.080 that was,

00:21:46.580 they were literally

00:21:47.240 meeting with him

00:21:48.300 the day before.

00:21:49.240 The delegation was,

00:21:50.340 the Chinese delegation

00:21:51.240 was still in Venezuela

00:21:53.500 and boom,

00:21:54.540 Maduro and his wife

00:21:55.340 are gone.

00:21:56.480 You know,

00:21:57.000 actually,

00:21:57.460 one of the best

00:21:58.360 explanations

00:21:59.140 of why Venezuela

00:22:00.840 is so significant

00:22:01.900 is ironically

00:22:03.560 from the show

00:22:04.740 Jack Ryan,

00:22:05.500 you know,

00:22:05.700 Tom Clancy's book series.

00:22:07.900 Amazing writer, yeah.

00:22:08.740 Okay,

00:22:08.920 and this is a clip

00:22:09.800 that's gone viral online

00:22:11.360 because it's just

00:22:12.500 a couple of minutes

00:22:13.300 and it was back

00:22:14.340 in 2019

00:22:15.100 with the fictional character

00:22:17.900 Jack Ryan

00:22:18.700 explaining to a classroom

00:22:19.960 the importance of Venezuela.

00:22:21.680 Give a listen,

00:22:22.520 watch this short clip.

00:22:24.160 What would you assume

00:22:25.020 is the most major threat

00:22:26.060 on the world stage?

00:22:27.260 Anybody,

00:22:27.740 just call it out,

00:22:28.280 you don't have to raise your hand.

00:22:28.900 Definitely Russia.

00:22:30.080 Definitely Russia.

00:22:31.340 That's confident.

00:22:32.140 I like it.

00:22:32.760 Who says Russia?

00:22:33.540 Anybody agree with her?

00:22:34.440 Okay, great.

00:22:35.680 Who else?

00:22:36.200 China.

00:22:37.280 Stop yelling at me,

00:22:38.300 but China,

00:22:38.940 that's a good answer.

00:22:39.920 Anybody?

00:22:40.680 Who else?

00:22:41.080 China?

00:22:42.140 North Korea.

00:22:43.180 North Korea.

00:22:44.240 Any North Korea takers?

00:22:46.340 And, uh,

00:22:48.220 Venezuela?

00:22:48.980 Anybody?

00:22:50.260 No?

00:22:50.600 Oh, yeah.

00:22:51.220 One guy in the back.

00:22:52.700 A little worried

00:22:53.140 about Venezuela.

00:22:54.060 Everybody's cool

00:22:54.580 with Venezuela?

00:22:55.680 No threat?

00:22:56.200 Okay.

00:22:56.720 Let me ask you this.

00:22:57.680 Which one of these places

00:22:58.580 can claim to have

00:22:59.440 the largest oil deposit

00:23:00.800 on the planet?

00:23:01.860 More than Saudi?

00:23:02.680 More than Iran?

00:23:03.760 Wow.

00:23:04.620 Okay,

00:23:05.000 what about things like

00:23:05.860 gold?

00:23:07.760 More than all the mines

00:23:08.940 in Africa combined?

00:23:10.980 The fact is

00:23:11.900 that Venezuela

00:23:12.480 is arguably

00:23:13.440 the single greatest resource

00:23:15.320 of oil and minerals

00:23:16.660 on the planet.

00:23:17.460 So,

00:23:18.360 why is this country

00:23:20.060 in the midst

00:23:20.740 of one of the greatest

00:23:21.540 humanitarian crises

00:23:22.840 in modern history?

00:23:24.500 Let's meet

00:23:25.200 President Nicholas Reyes.

00:23:27.400 After rising to power

00:23:28.480 on a wave

00:23:29.000 of nationalist pride,

00:23:30.320 in a mere six years,

00:23:32.200 this guy has crippled

00:23:33.160 the national economy

00:23:34.080 by half.

00:23:35.220 He has raised

00:23:35.820 the poverty rate

00:23:36.620 by almost 400%.

00:23:38.460 Luckily for the rest of us,

00:23:40.480 he's up for re-election.

00:23:42.360 So,

00:23:43.200 who's running against him?

00:23:44.960 This is Gloria Benalde.

00:23:46.860 Now,

00:23:47.040 Gloria is a history professor

00:23:48.880 turned activist.

00:23:50.120 She's running against him

00:23:51.300 on a social justice platform

00:23:53.460 and on the strength of,

00:23:55.100 in my humble opinion,

00:23:56.640 just not being an asshole.

00:24:00.080 Analyst's predictions,

00:24:01.420 as of today,

00:24:02.320 have the chances

00:24:02.980 of Venezuela's

00:24:03.820 total economic collapse

00:24:05.100 at 87%.

00:24:07.040 On the news,

00:24:08.860 they'll call it a crisis.

00:24:10.820 But on the world stage,

00:24:12.140 they'll call it a failed state.

00:24:14.160 If you've never heard

00:24:15.000 that term,

00:24:15.940 other examples

00:24:16.540 of a failed state

00:24:17.440 in recent history

00:24:18.580 are Yemen,

00:24:20.340 Iraq,

00:24:21.700 and Syria.

00:24:23.660 And if that's not

00:24:24.520 bad enough news for you,

00:24:26.100 well,

00:24:26.440 Venezuela is also

00:24:27.460 the only one

00:24:28.120 of these places

00:24:28.860 within 30-minute range

00:24:30.160 from the U.S.

00:24:30.920 of next-gen nuclear missiles.

00:24:33.240 You will not hear

00:24:34.520 about any of this

00:24:35.480 on the news

00:24:36.260 because the biggest players

00:24:37.940 on the world stage

00:24:39.040 do not want you to.

00:24:41.280 To them,

00:24:42.220 unstable governments

00:24:43.160 are nothing more

00:24:44.120 than the greatest

00:24:44.640 of opportunities.

00:24:45.540 So,

00:24:46.140 Russia,

00:24:46.900 China,

00:24:47.960 can never be

00:24:48.740 the most major threat

00:24:49.820 until countries

00:24:52.180 like Venezuela

00:24:52.960 leave the door open

00:24:54.920 to our very own backyard.

00:24:56.800 to our very own backyard.

00:24:59.700 And that goes back

00:25:00.980 to not only,

00:25:02.020 like you said,

00:25:02.520 the resources there,

00:25:03.360 but why China

00:25:03.980 and Russia

00:25:04.560 and Iran

00:25:05.060 and others

00:25:05.500 need them so much,

00:25:06.640 Senator.

00:25:07.200 But also,

00:25:08.080 you've got to explain

00:25:09.660 the drug trafficking

00:25:10.800 aspect of this.

00:25:11.860 I don't think people realize

00:25:13.420 when they hear

00:25:14.000 that this is what

00:25:14.740 they have,

00:25:16.020 a lot of people,

00:25:16.700 I'm sure,

00:25:17.000 are like,

00:25:17.200 well,

00:25:17.380 then why didn't he

00:25:18.120 just sell a bunch of oil?

00:25:19.060 Why didn't he just

00:25:19.520 pump a bunch of oil?

00:25:20.420 Why would he get into

00:25:21.220 the drug narco-trafficking

00:25:22.680 and just sell all this oil

00:25:25.160 and be rich, right?

00:25:26.920 Simplify that,

00:25:27.620 explain that for people

00:25:28.640 so they understand

00:25:29.300 what was behind

00:25:30.560 that decision

00:25:31.300 to get into

00:25:31.880 the narco-trade.

00:25:33.140 So,

00:25:33.640 and let me clarify

00:25:34.440 something about

00:25:35.060 that Jack Ryan clip.

00:25:36.300 He talks about

00:25:37.060 Nicholas Reyes.

00:25:37.980 Nicholas Reyes

00:25:38.540 is a fictional character.

00:25:39.840 That's Tom Clancy.

00:25:42.120 That's Nicholas Maduro.

00:25:43.400 It's just,

00:25:43.760 they made up Reyes,

00:25:44.820 I guess,

00:25:45.200 you know,

00:25:45.720 I don't know why

00:25:46.440 Clancy didn't use

00:25:47.220 the real guy,

00:25:47.840 but it's fiction,

00:25:48.480 so he made up Reyes.

00:25:49.840 But what he's describing

00:25:51.440 is Maduro.

00:25:52.180 Yeah,

00:25:53.040 exactly the same.

00:25:53.940 The principle is the same.

00:25:55.040 Yeah,

00:25:55.300 and that,

00:25:57.020 look,

00:25:57.620 it is why Russia,

00:25:59.160 it is why China,

00:26:00.160 it's why Iran,

00:26:01.160 it's why Hezbollah

00:26:02.080 cares so much

00:26:02.860 about Venezuela.

00:26:03.880 Vast resources

00:26:04.620 and also proximity

00:26:06.260 to the United States.

00:26:07.200 It's about 2,000 miles away.

00:26:08.840 It's four to five hours

00:26:09.860 from Miami to Venezuela.

00:26:12.560 A missile from Venezuela

00:26:14.500 to the United States.

00:26:16.080 It is very close

00:26:17.460 for our enemies

00:26:18.740 to attack us

00:26:19.700 from Venezuela.

00:26:20.620 It is in our hemisphere.

00:26:21.580 And you go back

00:26:22.360 to the Monroe Doctrine

00:26:23.900 early at the founding

00:26:25.060 of our country,

00:26:26.360 the Monroe Doctrine

00:26:27.140 said we're going to protect

00:26:28.140 the Western Hemisphere,

00:26:29.740 our hemisphere,

00:26:30.400 and that's something

00:26:32.000 that President Trump

00:26:32.840 has really leaned in,

00:26:34.180 and in fact,

00:26:34.860 it's been dubbed now

00:26:35.740 the Donro Doctrine

00:26:37.360 for President Trump

00:26:39.760 really enforcing it,

00:26:41.300 and going and carrying out

00:26:43.180 this incredible

00:26:46.220 military operation

00:26:47.980 to arrest Maduro.

00:26:48.800 Now, you asked

00:26:49.700 why aren't they rich?

00:26:52.040 They aren't rich

00:26:52.680 because communism

00:26:53.480 doesn't work.

00:26:54.400 Communism is a failed

00:26:56.060 economic system.

00:26:57.900 They were rich

00:26:58.740 when capitalism

00:26:59.840 was in operation.

00:27:01.500 When capitalism

00:27:02.180 was operating,

00:27:03.640 they were producing

00:27:04.400 the oil.

00:27:04.960 The problem is

00:27:05.800 when they nationalized

00:27:08.920 the oil production.

00:27:10.300 Can we just explain,

00:27:11.720 there was a point

00:27:12.480 when people around

00:27:14.260 the world wanted

00:27:14.860 to go to Venezuela

00:27:15.520 because it was

00:27:16.140 such a nice country.

00:27:17.160 It was a safe country.

00:27:18.460 It's beautiful,

00:27:19.460 has beaches.

00:27:20.780 Like, I actually

00:27:21.520 talked to a couple

00:27:22.180 of people that are older

00:27:22.800 that said,

00:27:23.300 we used to go to Venezuela

00:27:24.680 as a vacation spot

00:27:26.460 before this all happened.

00:27:28.600 They're much older now,

00:27:29.360 but they were talking

00:27:29.860 about how beautiful it was,

00:27:31.120 and it was a thriving country.

00:27:33.320 The only thing that killed it

00:27:34.720 is what you're describing

00:27:35.700 right now.

00:27:36.540 By the way,

00:27:37.120 the communists we have

00:27:38.060 in the United States,

00:27:39.060 most notably

00:27:39.720 Comrade Mondami

00:27:40.780 in New York,

00:27:42.280 ought to take a lesson

00:27:43.620 from what a train wreck,

00:27:45.120 what a disaster

00:27:46.480 communism is.

00:27:48.100 We've seen that

00:27:48.600 in Venezuela,

00:27:49.180 we've seen that

00:27:49.560 in Cuba,

00:27:50.000 we've seen that

00:27:50.400 in North Korea,

00:27:51.280 we've seen that

00:27:52.060 in the Soviet Union.

00:27:54.360 Communism doesn't work,

00:27:56.400 and it's disastrously bad,

00:27:58.940 and when the government

00:28:00.000 nationalized oil production,

00:28:01.660 it turns out

00:28:02.400 that an authoritarian government

00:28:05.080 is really bad

00:28:06.240 at producing oil.

00:28:07.140 It's incredibly corrupt,

00:28:08.240 it didn't invest

00:28:09.180 in technology,

00:28:10.260 the technology

00:28:11.000 all crumbled,

00:28:12.740 and even though

00:28:14.060 it's got massive reserves,

00:28:15.940 its production

00:28:16.680 is a fraction

00:28:17.620 of what it used to be,

00:28:19.380 and that's a significant reason.

00:28:21.840 You know,

00:28:22.240 one of the trades

00:28:23.960 that Maduro did

00:28:25.820 and Chavez before him

00:28:27.140 is a trade

00:28:27.920 with Cuba

00:28:29.100 where Venezuela

00:28:31.140 provides oil

00:28:32.480 to Cuba,

00:28:33.460 and Cuba provides

00:28:34.500 manpower,

00:28:35.200 provides thugs,

00:28:36.080 provides soldiers

00:28:36.900 and enforcers

00:28:37.760 that they use

00:28:38.780 to oppress

00:28:39.420 the Venezuelan people,

00:28:40.460 and that trade

00:28:41.080 back and forth.

00:28:41.720 Some of those Cubans

00:28:42.580 apparently were

00:28:43.300 supposed to be

00:28:44.200 protecting Maduro

00:28:45.580 when we took him.

00:28:46.680 And I suspect

00:28:48.120 some of those bodyguards

00:28:50.220 are no longer with us.

00:28:51.480 We don't have

00:28:51.960 the clear tally on that,

00:28:53.680 but I'm confident

00:28:54.740 that although

00:28:55.980 there was no loss

00:28:56.860 of life

00:28:57.380 on the American side,

00:28:59.040 that those who

00:29:00.040 were defending

00:29:00.640 this corrupt

00:29:01.480 narco-terrorist,

00:29:02.900 I think there was,

00:29:04.900 we'll find out

00:29:06.300 how significant

00:29:07.360 the loss of life was,

00:29:08.440 but I'm confident

00:29:09.220 some of those Cubans

00:29:10.020 are no longer with us.

00:29:11.500 That's why

00:29:12.580 President Trump

00:29:13.360 went in there,

00:29:13.940 because you had,

00:29:14.880 number one,

00:29:15.480 Venezuela flooding

00:29:16.520 America with drugs.

00:29:18.880 Number two,

00:29:19.760 Venezuela opening up

00:29:21.100 our hemisphere

00:29:21.760 to enemies of America,

00:29:24.760 China, Russia,

00:29:26.300 Iran, Hezbollah,

00:29:28.000 all posing acute

00:29:29.240 national security threats

00:29:30.460 to the United States.

00:29:32.060 And so that's why

00:29:33.820 we went in there.

00:29:34.620 And also Venezuela

00:29:36.000 is an incredibly

00:29:37.300 harmful force

00:29:39.180 throughout Latin America

00:29:40.240 trying to spread

00:29:41.200 communism,

00:29:42.420 trying to spread

00:29:43.380 anti-Americanism

00:29:44.520 throughout Latin America.

00:29:46.500 But,

00:29:47.900 all right,

00:29:48.460 here's the $64,000 question.

00:29:50.260 Is it illegal?

00:29:51.000 If you turn on the TV,

00:29:53.120 just about every academic,

00:29:54.420 just about everyone

00:29:54.960 in the media,

00:29:55.660 just about every Democrat

00:29:56.520 says,

00:29:57.540 oh, this is horrible,

00:29:58.420 this is illegal,

00:29:59.100 there's no basis,

00:29:59.900 so let's break down.

00:30:00.900 The short answer is,

00:30:02.800 no, it was not illegal.

00:30:04.820 This was fully justified.

00:30:06.100 Now, why?

00:30:08.020 The administration

00:30:08.880 has several justifications.

00:30:11.000 The administration

00:30:11.440 has argued

00:30:12.280 that the president

00:30:13.440 ordered this attack

00:30:15.760 and ordered this apprehension

00:30:17.380 under his inherent authority

00:30:19.480 under Article 2

00:30:20.400 of the Constitution.

00:30:21.340 Now, what does that mean?

00:30:22.600 Well,

00:30:23.340 the Constitution

00:30:24.100 divides war-making,

00:30:25.860 the power of war-making,

00:30:27.440 between Congress

00:30:28.520 and the president.

00:30:29.680 And they both have

00:30:30.720 different aspects

00:30:31.760 of authority

00:30:33.400 over war-making.

00:30:34.240 Article 1,

00:30:35.820 which creates Congress

00:30:36.920 and says all legislative authority

00:30:38.860 is vested

00:30:39.420 in the United States Congress,

00:30:41.360 gives Congress

00:30:42.480 the authority

00:30:43.160 to declare war.

00:30:44.380 So if there are

00:30:45.400 extended,

00:30:46.440 protracted

00:30:47.320 use of military force,

00:30:49.420 particularly with forces

00:30:50.400 on the ground,

00:30:51.300 forces in harm's way,

00:30:52.920 then Congress

00:30:53.840 should be involved.

00:30:55.140 And I think Congress

00:30:56.140 for a long time

00:30:57.080 has not been vigilant enough

00:30:59.900 asserting

00:31:00.600 its Article 1 authority

00:31:02.120 to be in charge

00:31:03.280 of declaring war,

00:31:04.760 in charge of authorizing

00:31:05.940 military force.

00:31:06.820 That's part of the authority

00:31:08.040 on the Constitution.

00:31:09.440 But the other authority

00:31:10.760 on the Constitution

00:31:11.580 is Article 2,

00:31:13.400 which establishes

00:31:14.640 the office of the presidency

00:31:15.740 and the executive branch,

00:31:17.520 makes the president

00:31:18.400 the commander-in-chief.

00:31:19.600 And there's an inherent authority there.

00:31:21.180 There's a long line of authority

00:31:22.680 that says that the president

00:31:24.260 has an authority

00:31:25.560 to, number one,

00:31:27.360 respond to an imminent threat.

00:31:28.780 Number two,

00:31:30.320 to protect U.S.,

00:31:32.760 to protect Americans.

00:31:34.140 So what I think,

00:31:36.560 and we'll see

00:31:37.440 as this goes forward

00:31:38.400 in litigation

00:31:38.940 what the precise justification is,

00:31:41.680 but the principal justification

00:31:43.580 is going to be the following.

00:31:45.340 Maduro was indicted.

00:31:46.820 He was indicted

00:31:47.540 in New York City.

00:31:48.640 The indictment,

00:31:49.260 by the way,

00:31:49.740 you can read the indictment.

00:31:51.160 I've got the indictment

00:31:51.980 right here in my hand.

00:31:53.480 Yeah.

00:31:53.740 It is 25 pages.

00:31:56.620 The opening of the indictment

00:31:57.900 says,

00:31:59.040 for over 25 years,

00:32:00.160 leaders of Venezuela

00:32:00.880 have abused their positions

00:32:02.000 of public trust

00:32:02.760 and corrupted

00:32:03.320 once-legitimate institutions

00:32:04.680 to import tons of cocaine

00:32:07.360 into the United States.

00:32:09.340 Nicholas Maduro-Moros,

00:32:10.700 the defendant,

00:32:11.300 is at the forefront

00:32:11.940 of that corruption

00:32:12.720 and has partnered

00:32:13.420 with his co-conspirators

00:32:15.120 to use his illegally

00:32:16.220 obtained authority

00:32:17.140 in the institutions

00:32:17.920 he corroded

00:32:19.100 to transport

00:32:20.700 thousands of tons

00:32:22.560 of cocaine

00:32:23.160 to the United States.

00:32:25.720 Yeah.

00:32:25.900 So, this was an arrest

00:32:28.020 effort.

00:32:29.680 And so, the FBI came

00:32:31.220 and they arrested him.

00:32:32.300 They brought him

00:32:32.880 to the United States

00:32:33.780 to New York

00:32:34.340 to be prosecuted

00:32:35.360 in federal court.

00:32:37.040 A lot of people

00:32:37.520 ask this question,

00:32:38.320 why New York?

00:32:39.000 We always see

00:32:39.740 a lot of New York

00:32:40.660 and people going

00:32:41.280 to New York afterwards

00:32:42.120 when they get charged.

00:32:43.600 Why is New York

00:32:44.440 a place where we see

00:32:45.700 a lot of these

00:32:46.480 high-profile individuals

00:32:48.000 be charged?

00:32:48.780 Is that just the way

00:32:49.680 the courts

00:32:50.260 are set up?

00:32:50.940 I know the answer.

00:32:51.840 I want you to explain

00:32:52.540 to everybody

00:32:52.880 because they're like,

00:32:53.480 why do we keep seeing?

00:32:54.860 I mean, it can be

00:32:55.780 anybody from P. Diddy

00:32:57.400 to the list

00:32:58.100 goes on and on

00:32:58.900 of people Epstein

00:33:00.480 that it's always New York.

00:33:01.760 Why is that?

00:33:03.100 So, they're all

00:33:04.280 across the country.

00:33:05.240 There are U.S.

00:33:05.720 attorney offices

00:33:06.360 all across the country.

00:33:07.440 Those U.S. attorneys

00:33:08.240 are appointed

00:33:08.760 by the president.

00:33:09.560 They're confirmed

00:33:09.940 by the Senate.

00:33:11.100 The Southern District

00:33:12.260 of New York,

00:33:12.840 which covers Manhattan,

00:33:14.340 has a great deal

00:33:16.060 of expertise

00:33:16.780 dealing with terrorism

00:33:17.960 in particular.

00:33:18.820 Obviously,

00:33:19.160 that's where 9-11 was.

00:33:20.400 There have been terrorism cases.

00:33:22.820 With respect to Maduro,

00:33:24.240 you could have brought

00:33:25.040 that case

00:33:25.700 in multiple jurisdictions,

00:33:27.480 multiple U.S. attorneys,

00:33:28.660 because the impacts

00:33:29.920 of Maduro's flooding

00:33:31.100 cocaine into this country

00:33:32.360 have harmed

00:33:33.600 every state in the union.

00:33:35.280 But it is unsurprising

00:33:37.260 that it would be

00:33:37.860 the Southern District

00:33:38.540 of New York

00:33:39.060 leading this

00:33:40.060 because they have

00:33:40.780 such long expertise

00:33:42.240 in dealing with

00:33:44.080 terrorism cases

00:33:45.040 in particular.

00:33:46.780 And so,

00:33:48.260 that was where

00:33:49.200 the U.S. attorney

00:33:49.980 went to the grand jury

00:33:51.180 and got the indictment.

00:33:53.120 And the justification,

00:33:54.620 the main justification

00:33:55.420 for the military going in

00:33:57.000 was to protect

00:33:58.620 the FBI agents

00:34:00.260 going to arrest Maduro

00:34:01.640 because if they just sent

00:34:02.640 the FBI agents,

00:34:04.040 presumably Maduro's

00:34:05.300 soldiers or bodyguards

00:34:06.920 would have shot

00:34:07.980 and killed them.

00:34:08.760 And so,

00:34:09.220 the military was there

00:34:10.300 to keep that

00:34:11.720 law enforcement safe.

00:34:13.580 That's the principal

00:34:14.580 justification.

00:34:15.540 There are a couple

00:34:15.920 of other justifications.

00:34:17.000 There's another justification

00:34:18.120 which is that Maduro

00:34:21.480 was leading

00:34:23.180 a designated

00:34:24.700 foreign terrorist

00:34:25.680 organization.

00:34:26.580 And so,

00:34:26.780 there are existing

00:34:27.320 legal authorities

00:34:28.060 to go after

00:34:28.740 foreign terrorist

00:34:29.940 organizations.

00:34:30.860 That's something

00:34:31.400 we're going to see

00:34:32.780 litigation on this

00:34:33.780 and that surely

00:34:34.440 is going to be

00:34:35.040 a justification

00:34:35.660 as well.

00:34:38.340 And then,

00:34:38.920 there's also

00:34:39.580 an inherent authority

00:34:41.000 under Article 2

00:34:42.040 to protect Americans

00:34:44.380 from imminent threats.

00:34:45.680 and so,

00:34:46.420 I suspect

00:34:47.040 we will see

00:34:48.040 some combination

00:34:49.480 if not all three

00:34:50.500 of those justifications

00:34:51.560 put forward

00:34:52.400 as the basis

00:34:53.780 for the president

00:34:54.540 ordering this operation.

00:34:57.160 Let's also be clear

00:34:58.240 when there have been

00:34:59.020 people on TV

00:34:59.620 that have just been lying

00:35:00.420 saying this is unprecedented

00:35:01.780 and Trump is off

00:35:03.440 the reservation.

00:35:04.340 That is not true.

00:35:05.360 We have gone after

00:35:06.320 people that have done

00:35:07.280 very similar things

00:35:08.740 just like this before

00:35:09.900 and Democrats

00:35:10.980 were in favor of it

00:35:12.060 when that happened.

00:35:13.160 Yeah.

00:35:13.400 No, no.

00:35:13.640 Look, there's massive hypocrisy

00:35:15.180 from Democrats

00:35:15.880 but I will say

00:35:16.680 that there's a long precedent

00:35:19.080 that you can go back

00:35:19.900 but the closest precedent

00:35:21.420 is in 1990

00:35:23.880 Manuel Noriega.

00:35:25.640 Manuel Noriega

00:35:26.580 was leading Panama.

00:35:28.720 He was corrupt.

00:35:29.600 He had been indicted

00:35:30.560 also as a drug dealer.

00:35:32.880 He was the de facto ruler

00:35:34.140 of Panama

00:35:36.800 and George Herbert Walker Bush,

00:35:39.320 Bush 41,

00:35:40.080 there was again

00:35:41.740 an indictment

00:35:42.480 and President Bush I

00:35:45.360 sent in the military

00:35:47.800 to arrest

00:35:49.080 and remove Noriega

00:35:51.000 just like they did

00:35:52.320 with Maduro.

00:35:53.020 Noriega actually,

00:35:54.040 do you know the date

00:35:55.040 that Noriega was apprehended?

00:35:57.380 I don't.

00:35:57.980 What is it?

00:35:58.720 January 3rd.

00:35:59.900 Exact same date.

00:36:01.620 January 3rd of 1990

00:36:03.000 is when the U.S. government

00:36:04.240 apprehended Noriega.

00:36:07.040 You know,

00:36:07.440 I actually,

00:36:08.580 on January 3rd,

00:36:10.380 a good friend of mine,

00:36:11.520 Victoria Coates,

00:36:12.240 who's the head of

00:36:12.920 foreign policy

00:36:14.140 at the Heritage Foundation,

00:36:15.600 she used to be

00:36:16.480 my national security advisor

00:36:17.760 for four years.

00:36:19.000 She was President Trump's

00:36:20.120 deputy national security advisor

00:36:21.640 in the first term.

00:36:22.940 Her daughter was getting married

00:36:24.360 on January 3rd

00:36:25.500 so I was joking with Victoria.

00:36:27.260 I'm like,

00:36:27.720 wow,

00:36:28.020 you really know

00:36:28.940 how to celebrate

00:36:29.540 your daughter's wedding

00:36:30.500 by apprehending

00:36:32.180 a Latin American

00:36:33.680 dictator and terrorist

00:36:35.120 on the date

00:36:37.080 of her wedding.

00:36:38.560 Victoria was laughing at that

00:36:39.760 and she and I have worked

00:36:40.980 for more than a decade

00:36:42.900 fighting against

00:36:44.000 Chavez and Maduro

00:36:45.120 and the national security

00:36:46.880 and drug dealing threat

00:36:49.220 and terrorism threat

00:36:50.100 that they pose

00:36:50.680 to the United States.

00:36:52.320 Do you know what

00:36:52.720 January 3rd is

00:36:53.520 just as a short

00:36:54.460 personal aside?

00:36:56.040 What is that?

00:36:57.180 It's also the date

00:36:58.140 that I met Heidi.

00:36:59.520 No way.

00:37:00.180 I met Heidi

00:37:01.220 on January 3rd of 2000

00:37:03.080 so President Trump

00:37:04.620 decided to apprehend Maduro

00:37:05.960 on the 26th anniversary

00:37:07.280 of when I met my wife

00:37:08.260 which was kind of

00:37:08.900 an interesting coincidence.

00:37:13.260 The Noriega example

00:37:14.980 is I think

00:37:16.680 quite compelling

00:37:17.560 and what happened

00:37:18.700 Noriega was arrested

00:37:20.280 they brought him

00:37:20.940 to the United States

00:37:21.820 they prosecuted him

00:37:23.260 he was convicted

00:37:25.000 he was sentenced

00:37:26.740 to 40 years

00:37:27.940 and he died in prison

00:37:29.460 he ultimately died

00:37:31.680 but there was litigation

00:37:33.780 over

00:37:34.800 does the president

00:37:36.520 have the authority

00:37:37.280 to send in the military

00:37:38.320 to arrest

00:37:39.140 a corrupt

00:37:40.300 Latin American dictator

00:37:41.600 who's a drug dealer

00:37:42.460 and the conclusion

00:37:43.600 of that litigation

00:37:44.400 was yes.

00:37:46.280 That is

00:37:47.080 for every

00:37:48.440 pompous buffoon

00:37:49.960 on TV

00:37:50.520 saying there's no

00:37:51.320 authority to do this

00:37:52.300 that is a big

00:37:54.160 big problem.

00:37:56.020 Canadian women

00:37:56.920 are looking for more

00:37:57.980 more out of themselves

00:37:59.080 their businesses

00:37:59.900 their elected leaders

00:38:01.020 and the world around them

00:38:02.240 and that's why

00:38:02.880 we're thrilled

00:38:03.380 to introduce

00:38:04.040 the Honest Talk podcast

00:38:05.540 I'm Jennifer Stewart

00:38:07.060 and I'm Catherine Clark

00:38:08.280 and in this podcast

00:38:09.360 we interview Canada's

00:38:10.680 most inspiring women

00:38:11.960 entrepreneurs

00:38:12.540 artists

00:38:13.440 athletes

00:38:14.080 politicians

00:38:14.720 and newsmakers

00:38:15.600 all at different stages

00:38:16.920 of their journey

00:38:17.760 so if you're looking

00:38:19.080 to connect

00:38:19.620 then we hope you'll join us

00:38:21.080 listen to the Honest Talk podcast

00:38:22.680 on iHeart Radio

00:38:23.600 or wherever you listen

00:38:24.640 to your podcasts.

00:38:26.960 I want to go back

00:38:28.320 can we go back

00:38:28.920 to Chuck Schumer

00:38:29.680 and just

00:38:31.360 I think it was 2020

00:38:33.440 when he had something

00:38:34.300 very interesting to say

00:38:35.760 can we play that

00:38:37.000 for everybody real quick?

00:38:38.100 Yep.

00:38:38.480 Alright take a listen

00:38:39.140 this is Chuck Schumer

00:38:40.080 back in 2020

00:38:41.560 listen carefully

00:38:43.220 to the words

00:38:43.880 that he has to say

00:38:44.640 you're going to get

00:38:45.140 a kick out of this.

00:38:46.120 He brags about

00:38:46.880 all these things

00:38:47.540 he wants to do

00:38:48.340 or is doing

00:38:48.940 but his actions

00:38:50.180 belie his words

00:38:51.340 maybe the best metaphor

00:38:52.920 was his claim

00:38:54.480 to bring democracy

00:38:56.660 to Venezuela

00:38:57.300 there was a big policy

00:38:59.740 there

00:39:00.140 it flopped

00:39:01.300 if the policy

00:39:02.380 was working

00:39:03.160 Juan Guaido

00:39:04.100 wouldn't be in the balcony

00:39:05.220 here

00:39:05.580 he'd be in Venezuela

00:39:06.500 he'd be sitting

00:39:07.800 in the president's palace

00:39:09.020 or at least

00:39:10.060 waging a fight

00:39:10.960 to win

00:39:11.520 he's here

00:39:12.700 and the president

00:39:13.700 brags about his

00:39:14.660 Venezuela policy

00:39:15.740 give us a break

00:39:16.940 he hasn't brought

00:39:17.900 an end to the

00:39:18.420 Maduro regime

00:39:19.360 the Maduro regime

00:39:20.580 is more powerful

00:39:21.840 today and more

00:39:22.580 entrenched today

00:39:23.240 than it was

00:39:23.700 when the president

00:39:24.260 began

00:39:24.740 so here's my part

00:39:26.520 about this

00:39:26.980 that makes me laugh

00:39:27.820 Democrats

00:39:28.940 and there's a tweet

00:39:29.860 that's very much

00:39:30.540 like that

00:39:31.000 the same thing

00:39:31.740 from Joe Biden

00:39:32.640 they were angry

00:39:34.420 that Trump

00:39:35.020 hadn't like

00:39:35.800 taken out Maduro

00:39:36.860 now Trump

00:39:37.780 takes out Maduro

00:39:38.700 and now they're angry

00:39:39.540 at Trump

00:39:39.880 for taking out Maduro

00:39:40.740 you cannot make it up

00:39:42.080 yeah and

00:39:42.940 listen carefully

00:39:44.480 to what Schumer

00:39:45.160 just said there

00:39:45.900 give us a break

00:39:47.160 he hasn't ended

00:39:48.620 the Maduro regime

00:39:49.760 so he was on

00:39:50.720 the floor of the senate

00:39:51.620 this is a speech

00:39:52.740 where he was blasting Trump

00:39:54.720 in 2020

00:39:55.440 for not having

00:39:56.500 taken Maduro out

00:39:58.080 and now

00:39:59.480 in the wake

00:40:01.360 of President Trump

00:40:02.240 having another

00:40:02.840 enormously successful

00:40:04.160 military operation

00:40:05.300 the last just a few hours

00:40:07.260 in actual execution

00:40:08.200 and then it was over

00:40:08.960 and then Maduro was gone

00:40:10.040 and he was on his way

00:40:11.420 to the United States

00:40:12.240 Schumer

00:40:13.760 and Kamala Harris

00:40:14.940 and just about every

00:40:15.920 Democrat you find

00:40:16.960 are freaking out

00:40:19.580 and they're just

00:40:20.260 being hypocrites

00:40:20.980 they just hate Trump

00:40:22.780 and just like

00:40:23.980 they're defending

00:40:24.620 every illegal immigrant

00:40:26.280 they're defending

00:40:26.960 all of the gangbangers

00:40:28.620 who are here

00:40:29.320 in this case

00:40:30.700 the Democrats

00:40:32.300 are becoming

00:40:33.140 the chief defender

00:40:34.580 of Nicolas Maduro

00:40:36.240 but as I mentioned

00:40:38.500 on the legal front

00:40:39.460 if you look back

00:40:40.760 to Noriega

00:40:41.460 front and center

00:40:43.720 in terms of

00:40:44.440 the litigation

00:40:45.040 that will happen

00:40:45.900 over this

00:40:46.940 is that

00:40:48.760 in 1989

00:40:50.200 Bill Barr

00:40:52.700 was the assistant

00:40:54.100 attorney general

00:40:54.920 for the office

00:40:55.620 of legal counsel

00:40:56.500 now Bill Barr

00:40:57.140 you'll recall

00:40:57.720 ended up becoming

00:40:59.260 George Herbert Walker

00:41:00.480 Bush's attorney general

00:41:01.580 and then he was also

00:41:02.620 AG for President Trump

00:41:03.980 in the first term

00:41:04.640 Bill Barr

00:41:05.940 at the time

00:41:06.660 was leading

00:41:07.180 what's called

00:41:07.660 OLC

00:41:08.180 and OLC

00:41:09.080 is charged

00:41:10.660 under federal law

00:41:11.540 with writing

00:41:12.180 authoritative opinions

00:41:13.740 on what is

00:41:15.120 what is the Constitution

00:41:17.260 what is legal

00:41:18.380 what are the constraints

00:41:19.360 on the executive branch

00:41:20.400 and by the way

00:41:21.000 there is a long history

00:41:23.120 of incredibly important

00:41:25.240 jurists and scholars

00:41:26.360 being the heads

00:41:27.720 of OLC

00:41:28.300 including

00:41:29.640 Antonin Scalia

00:41:30.740 he was the head

00:41:31.720 of OLC

00:41:32.260 including William Rehnquist

00:41:33.880 for whom I clerked

00:41:34.880 the chief justice

00:41:35.760 of the Supreme Court

00:41:36.620 he was the head

00:41:37.340 of OLC

00:41:37.860 under Nixon

00:41:39.060 including Chuck Cooper

00:41:40.860 my first boss

00:41:41.720 when I practiced law

00:41:42.760 so OLC

00:41:44.380 they are typically

00:41:45.860 they are often

00:41:46.620 U.S. Supreme Court

00:41:47.540 clerks themselves

00:41:48.440 they are constitutional

00:41:49.340 experts

00:41:50.120 and Barr

00:41:51.380 issued a detailed

00:41:53.000 opinion

00:41:53.480 making clear

00:41:55.200 that the U.S. government

00:41:56.180 had the authority

00:41:56.940 to go and apprehend

00:41:59.380 Noriega

00:42:00.860 and Barr

00:42:01.880 said several things

00:42:02.860 so it's a detailed

00:42:03.840 opinion

00:42:04.100 by the way

00:42:04.420 you can read

00:42:04.900 the entire opinion

00:42:05.660 the opinion is public

00:42:06.500 but Barr concluded

00:42:08.800 that number one

00:42:10.160 the FBI's

00:42:11.540 statutory arrest

00:42:12.440 authority

00:42:12.920 authorizes

00:42:15.020 extraterritorial

00:42:17.260 investigations

00:42:18.220 and arrests

00:42:19.020 so that's

00:42:20.000 in the statute

00:42:20.840 existing U.S. law

00:42:22.100 the FBI can go abroad

00:42:23.900 and arrest someone

00:42:24.800 and Barr concluded

00:42:26.460 the president

00:42:27.020 can lawfully

00:42:27.820 order that

00:42:28.560 extraterritorial

00:42:29.300 arrest

00:42:31.560 and

00:42:33.420 interestingly

00:42:34.980 Barr

00:42:35.600 so one of the

00:42:36.400 main arguments

00:42:37.240 that Democrats

00:42:38.840 in the media

00:42:39.320 although that's

00:42:39.820 redundant

00:42:40.140 because they're

00:42:40.520 one and the

00:42:40.920 same

00:42:41.100 Democrats

00:42:41.600 in the media

00:42:42.020 and by the way

00:42:42.920 law professors

00:42:43.600 fall into that

00:42:44.200 same camp

00:42:44.680 they're all

00:42:45.180 clutching their

00:42:45.780 pearls

00:42:46.100 and their main

00:42:47.580 argument deals

00:42:48.440 with the United

00:42:48.960 Nations Charter

00:42:49.720 and Article 2-4

00:42:52.240 of the U.N.

00:42:52.960 Charter

00:42:53.260 prohibits the

00:42:54.120 quote

00:42:54.400 use of force

00:42:55.480 against the

00:42:56.680 territorial integrity

00:42:57.880 of any state

00:42:58.760 and so their

00:42:59.700 main argument is

00:43:00.400 this violates

00:43:01.040 the U.N.

00:43:01.520 Charter

00:43:01.840 well

00:43:02.280 what Barr

00:43:03.680 concluded

00:43:04.360 and this is a

00:43:05.120 quote

00:43:05.540 and by the way

00:43:06.080 it's not just

00:43:06.560 Barr's opinion

00:43:07.360 this is a

00:43:08.380 binding decision

00:43:09.180 from OLC

00:43:09.800 that binds

00:43:10.520 the executive

00:43:11.260 unless and

00:43:11.780 until it's

00:43:12.240 overturned

00:43:12.820 so it is

00:43:13.180 like a

00:43:14.060 judicial opinion

00:43:14.900 but within

00:43:15.520 the executive

00:43:16.060 branch

00:43:16.580 Barr said

00:43:17.780 that Article

00:43:19.140 2-4 of the

00:43:20.380 U.N.

00:43:20.760 Charter

00:43:21.140 does not

00:43:22.580 quote

00:43:23.100 prohibit the

00:43:24.180 executive

00:43:24.820 as a matter

00:43:26.240 of domestic

00:43:27.100 law

00:43:27.620 from authorizing

00:43:29.100 forcible

00:43:29.620 abductions

00:43:30.280 put another

00:43:30.760 way

00:43:31.180 quote

00:43:31.880 as a matter

00:43:32.580 of domestic

00:43:33.180 law

00:43:33.620 the executive

00:43:34.660 has the

00:43:35.200 power to

00:43:35.740 authorize

00:43:36.400 actions

00:43:36.920 inconsistent

00:43:37.500 with Article

00:43:38.280 2-4 of

00:43:39.000 the U.N.

00:43:39.880 Charter

00:43:40.200 what does

00:43:40.880 that mean

00:43:41.260 the U.N.

00:43:42.160 Charter

00:43:42.500 is not

00:43:43.300 independently

00:43:44.320 binding

00:43:44.940 on the

00:43:45.580 United States

00:43:46.180 government

00:43:46.600 the Constitution

00:43:47.620 is binding

00:43:48.460 on the

00:43:48.800 government

00:43:49.100 you know

00:43:49.660 back before

00:43:51.020 I was in

00:43:51.400 the Senate

00:43:51.720 what I did

00:43:52.400 for a living

00:43:52.900 is argued

00:43:53.420 U.S.

00:43:53.860 Supreme Court

00:43:54.300 cases

00:43:54.760 and the

00:43:55.980 most consequential

00:43:57.060 case that I

00:43:57.740 argued before

00:43:58.360 the Supreme

00:43:58.780 Court

00:43:59.040 was a case

00:43:59.480 called

00:43:59.740 Medellin

00:44:00.300 versus Texas

00:44:01.100 I ended up

00:44:02.000 winning 6-3

00:44:03.080 it was an

00:44:03.560 incredibly

00:44:03.960 consequential

00:44:04.600 case

00:44:04.900 but it

00:44:05.220 dealt with

00:44:05.920 the authority

00:44:07.140 of the

00:44:07.700 International

00:44:08.080 Court of

00:44:08.520 Justice

00:44:08.820 the World

00:44:09.360 Court

00:44:09.660 the judicial

00:44:10.180 arm of

00:44:10.560 the U.N.

00:44:11.580 to bind

00:44:12.400 the U.S.

00:44:13.060 justice system

00:44:13.840 and I argued

00:44:15.760 representing the

00:44:16.420 state of Texas

00:44:16.960 successfully

00:44:17.620 the U.N.

00:44:18.600 doesn't have

00:44:18.960 the authority

00:44:19.360 to do that

00:44:19.840 the World

00:44:20.240 Court

00:44:20.500 doesn't have

00:44:20.900 the authority

00:44:21.280 to do it

00:44:21.780 it is the

00:44:22.200 U.S.

00:44:22.660 Constitution

00:44:23.080 and it is

00:44:24.000 U.S.

00:44:24.440 laws

00:44:24.780 and if

00:44:25.220 Congress

00:44:25.740 wants to

00:44:26.700 pass a law

00:44:27.460 that can

00:44:27.940 be binding

00:44:28.480 but Congress

00:44:29.140 had not

00:44:29.680 in that

00:44:30.100 in Medellin

00:44:31.080 passed a law

00:44:31.880 relevant to the

00:44:32.540 issue there

00:44:33.180 likewise here

00:44:34.920 the DOJ

00:44:35.980 opinion was

00:44:36.980 even if the

00:44:37.600 U.N.

00:44:37.960 charter says

00:44:38.460 something different

00:44:39.260 as a matter

00:44:40.940 of U.S.

00:44:41.600 constitutional law

00:44:42.580 the president

00:44:43.240 can order this

00:44:44.220 and critically

00:44:44.920 the Barr opinion

00:44:46.100 also concluded

00:44:47.200 that a U.S.

00:44:48.400 arrest abroad

00:44:49.440 quote

00:44:49.980 in violation

00:44:51.180 of foreign law

00:44:52.300 does not

00:44:53.620 violate the

00:44:54.860 Fourth Amendment

00:44:55.440 and to be clear

00:44:56.820 the Barr

00:44:57.780 opinion

00:44:58.560 was litigated

00:45:00.020 in the

00:45:00.260 Noriega case

00:45:01.200 and Noriega

00:45:02.700 stayed in jail

00:45:03.560 so he lost

00:45:04.480 all of those

00:45:05.140 claims

00:45:05.660 that is

00:45:06.500 really powerful

00:45:08.000 legal precedent

00:45:08.860 and it is

00:45:09.960 very closely

00:45:10.660 on point

00:45:11.220 you talk about

00:45:12.120 the legal side

00:45:12.680 of this

00:45:12.960 I want to ask

00:45:13.960 just real quickly

00:45:14.900 are there other

00:45:15.860 legal aspects

00:45:16.980 and challenges

00:45:18.540 in this case

00:45:19.360 that could come

00:45:19.780 up as well

00:45:20.460 well yes

00:45:21.240 and look

00:45:21.860 there are

00:45:22.300 distinctions

00:45:22.920 that I would

00:45:23.380 expect Maduro

00:45:24.500 to argue

00:45:25.080 between this

00:45:26.200 case

00:45:26.700 and the

00:45:27.500 Noriega case

00:45:28.320 in the

00:45:30.100 Noriega case

00:45:31.120 the General Assembly

00:45:32.740 in Panama

00:45:33.320 had actually

00:45:34.160 declared war

00:45:35.200 on the United

00:45:35.780 States

00:45:36.280 secondly

00:45:38.160 they had shot

00:45:39.360 and killed

00:45:40.040 a U.S.

00:45:40.600 Marine

00:45:40.880 and so those

00:45:41.580 are both

00:45:42.160 both facts

00:45:43.380 that leaned

00:45:44.820 in favor

00:45:45.460 of Noriega

00:45:46.200 the president

00:45:46.820 being able

00:45:47.220 to respond

00:45:47.840 and respond

00:45:48.420 militarily

00:45:49.100 in this instance

00:45:50.000 the government

00:45:51.020 of Venezuela

00:45:52.720 has not formally

00:45:54.000 declared war

00:45:54.740 on the United

00:45:55.280 States

00:45:55.700 and they have

00:45:56.280 not

00:45:56.640 they have

00:45:57.780 not killed

00:45:58.760 a Marine

00:46:00.040 or a service

00:46:00.700 member

00:46:01.000 although

00:46:01.560 Maduro's

00:46:03.160 drug trafficking

00:46:03.840 has killed

00:46:04.640 countless Americans

00:46:05.800 thousands

00:46:06.820 and you know

00:46:08.380 hundreds of thousands

00:46:09.360 maybe even millions

00:46:10.200 a massive number

00:46:11.520 of Americans

00:46:12.160 Maduro is responsible

00:46:13.500 for killing

00:46:14.020 through drug

00:46:14.460 trafficking

00:46:14.900 I will say

00:46:17.380 also

00:46:17.940 there is

00:46:19.360 a second issue

00:46:20.060 that will be

00:46:20.480 litigated

00:46:21.000 which is

00:46:21.400 what's called

00:46:21.940 head of state

00:46:22.940 immunity

00:46:23.500 so Maduro

00:46:24.460 will go

00:46:24.900 and argue

00:46:25.440 that the

00:46:26.780 actions

00:46:27.540 he carried

00:46:28.120 out

00:46:28.480 were as the

00:46:29.740 leader of

00:46:30.280 Venezuela

00:46:30.700 and as a

00:46:31.180 general

00:46:31.480 principle

00:46:32.160 U.S.

00:46:33.360 government

00:46:33.760 U.S.

00:46:34.300 courts

00:46:34.640 don't impose

00:46:35.740 criminal liability

00:46:36.860 for the actions

00:46:37.840 a head of state

00:46:38.580 does

00:46:39.060 and

00:46:40.840 Noriega

00:46:42.180 was the

00:46:42.720 de facto

00:46:43.200 leader of

00:46:43.800 Panama

00:46:44.180 but he was

00:46:45.260 not elected

00:46:46.280 by the people

00:46:47.000 in this case

00:46:48.360 the guy

00:46:49.020 was recognized

00:46:50.200 as a head

00:46:50.680 of state

00:46:51.080 and so

00:46:52.460 it's different

00:46:52.940 from Noriega

00:46:53.560 that will be

00:46:54.160 litigated

00:46:54.780 I think

00:46:56.400 the response

00:46:57.040 to that

00:46:57.420 is fine

00:46:58.160 that may

00:46:59.760 have been

00:47:00.260 he may

00:47:00.720 have enjoyed

00:47:01.320 that immunity

00:47:01.960 back in

00:47:03.120 2017

00:47:03.940 2018

00:47:04.560 but 2019

00:47:05.940 when he

00:47:06.540 ignored the

00:47:07.160 results of

00:47:07.720 the election

00:47:08.520 and seized

00:47:09.280 power

00:47:09.820 illegitimately

00:47:11.200 everyone agrees

00:47:12.860 he was

00:47:13.240 illegitimate

00:47:13.800 the United States

00:47:14.500 by the way

00:47:14.920 the Biden

00:47:15.280 administration

00:47:15.840 agreed that

00:47:16.480 the first

00:47:16.940 Trump

00:47:17.200 administration

00:47:17.620 agreed that

00:47:18.460 most of the

00:47:19.600 rest of the

00:47:20.080 world

00:47:20.340 is acknowledged

00:47:21.000 that Maduro

00:47:22.740 stayed in

00:47:23.320 power

00:47:23.620 illegitimately

00:47:24.440 one

00:47:25.540 exception

00:47:26.800 from head

00:47:27.620 of state

00:47:27.940 immunity

00:47:28.300 is if the

00:47:28.860 government

00:47:29.220 invites you

00:47:30.120 in

00:47:30.520 in this

00:47:31.640 case

00:47:31.920 I think

00:47:32.220 you would

00:47:32.520 say

00:47:32.900 there's

00:47:34.180 not

00:47:34.680 an

00:47:35.300 operational

00:47:35.880 government

00:47:36.400 that is

00:47:36.940 legitimate

00:47:37.400 that he

00:47:37.820 was an

00:47:38.580 illegitimate

00:47:39.200 dictator

00:47:39.560 but that

00:47:40.240 will be

00:47:40.860 a subject

00:47:42.140 of litigation

00:47:42.740 it would

00:47:43.240 not surprise

00:47:43.960 me to see

00:47:44.380 that question

00:47:45.060 go all the

00:47:45.980 way to the

00:47:46.320 U.S.

00:47:46.620 Supreme

00:47:46.800 Court

00:47:47.100 all right

00:47:47.440 and finally

00:47:47.880 I know

00:47:48.340 I'm going

00:47:48.540 to laugh

00:47:48.980 because I

00:47:49.500 know you're

00:47:50.120 going to

00:47:50.240 have an

00:47:50.440 answer for

00:47:50.740 this

00:47:50.880 are there

00:47:51.220 any other

00:47:51.820 legal

00:47:52.140 precedents

00:47:52.740 that are

00:47:53.120 going to

00:47:53.320 come up

00:47:53.680 in here

00:47:53.940 as well

00:47:54.320 as we

00:47:54.640 wrap up

00:47:55.060 the legal

00:47:55.360 side of

00:47:55.760 this

00:47:56.020 there are

00:47:56.660 and there's

00:47:57.180 a line

00:47:57.580 of cases

00:47:58.100 that's known

00:47:58.640 as the

00:47:58.960 Kerr Frisbee

00:47:59.860 doctrine

00:48:00.320 which says

00:48:01.880 that

00:48:02.520 unlawful

00:48:04.100 abductions

00:48:04.880 of criminals

00:48:06.340 on foreign

00:48:07.060 soil

00:48:07.520 does not

00:48:08.760 stop

00:48:09.600 the criminal

00:48:10.320 prosecution

00:48:10.940 of those

00:48:11.940 individuals

00:48:12.540 in U.S.

00:48:14.180 courts

00:48:14.480 and the lead

00:48:15.600 case in this

00:48:16.340 line of cases

00:48:17.000 is a case

00:48:17.620 called the

00:48:18.020 United States

00:48:18.700 versus

00:48:19.620 Alvarez

00:48:20.320 Machin

00:48:20.960 it was a

00:48:21.400 1992

00:48:21.920 ruling

00:48:22.660 and the

00:48:23.700 Supreme Court

00:48:24.300 6-3

00:48:25.180 concluded

00:48:25.900 that a

00:48:26.880 Mexican

00:48:27.280 national

00:48:27.960 who was

00:48:28.560 forcibly

00:48:29.480 abducted in

00:48:30.380 Mexico

00:48:30.820 from his

00:48:31.460 home

00:48:31.780 brought to

00:48:32.940 the United

00:48:33.380 States

00:48:33.960 that he

00:48:35.080 could be

00:48:35.400 criminally

00:48:35.780 prosecuted

00:48:36.380 it didn't

00:48:37.000 matter

00:48:37.440 if his

00:48:38.420 being seized

00:48:39.120 abroad was

00:48:39.840 illegally

00:48:40.180 and so

00:48:40.520 that line

00:48:41.180 of cases

00:48:41.860 if Maduro

00:48:43.520 were just

00:48:44.100 a run

00:48:44.440 of the

00:48:44.660 mill

00:48:44.900 drug

00:48:45.260 dealer

00:48:45.620 it would

00:48:46.420 be a

00:48:46.700 very easy

00:48:47.360 question

00:48:47.920 that

00:48:48.220 regardless

00:48:49.680 of the

00:48:50.080 circumstances

00:48:50.600 of his

00:48:50.940 capture

00:48:51.360 if he

00:48:52.220 violated

00:48:52.640 U.S.

00:48:53.040 criminal

00:48:53.240 laws

00:48:53.640 he could

00:48:53.880 be

00:48:54.040 prosecuted

00:48:54.660 here

00:48:54.960 and so

00:48:55.560 that line

00:48:56.040 of cases

00:48:56.380 I think

00:48:56.720 will be

00:48:57.260 relevant

00:48:57.860 and again

00:48:58.920 all the

00:48:59.520 folks on

00:49:00.000 TV

00:49:00.240 claiming

00:49:00.660 this is

00:49:01.040 illegal

00:49:01.400 are

00:49:01.700 ignoring

00:49:02.540 both

00:49:03.580 the

00:49:03.780 Constitution

00:49:04.480 and

00:49:05.760 Supreme

00:49:06.680 Court

00:49:06.980 precedent

00:49:07.460 not to

00:49:07.900 mention

00:49:08.200 the

00:49:08.600 binding

00:49:09.500 DOJ

00:49:09.980 opinion

00:49:10.360 from

00:49:10.660 1989

00:49:11.160 Senator

00:49:12.020 we've

00:49:12.860 run

00:49:13.060 long

00:49:13.320 on this

00:49:13.620 legal

00:49:13.840 issue

00:49:14.140 which

00:49:14.420 is

00:49:14.580 so

00:49:14.760 important

00:49:15.180 and I

00:49:15.520 hope

00:49:15.680 that

00:49:15.820 everyone

00:49:16.160 listening

00:49:16.600 right now

00:49:17.060 enjoyed it

00:49:17.520 because I

00:49:17.960 feel like

00:49:18.780 I've

00:49:18.980 learned a lot

00:49:19.480 I am

00:49:19.900 hoping that

00:49:20.800 everyone

00:49:21.140 listening

00:49:21.480 has learned

00:49:21.800 a lot

00:49:22.020 on the

00:49:22.200 legal side

00:49:22.680 of this

00:49:22.920 but there's

00:49:23.720 still a lot

00:49:24.160 that we've

00:49:24.520 not gotten

00:49:24.980 to cover

00:49:25.360 yet

00:49:25.600 Senator

00:49:25.820 so we're

00:49:26.400 going to

00:49:26.620 do that

00:49:27.020 on Wednesday

00:49:27.620 show

00:49:28.180 let's

00:49:28.920 just talk

00:49:29.300 a little

00:49:29.480 bit of

00:49:29.720 preview

00:49:29.940 on that

00:49:30.260 there's

00:49:30.480 a lot

00:49:30.620 of people

00:49:30.780 asking

00:49:31.080 why

00:49:31.280 was

00:49:31.460 the

00:49:31.580 wife

00:49:31.800 arrested

00:49:32.240 what's

00:49:33.020 next

00:49:33.220 in Venezuela

00:49:34.300 what America's

00:49:35.260 role should

00:49:35.700 be there

00:49:36.180 also

00:49:36.900 what's

00:49:37.260 next

00:49:37.420 for other

00:49:37.740 countries

00:49:38.080 that have

00:49:38.300 been warned

00:49:38.820 whether that's

00:49:39.380 Mexico

00:49:39.820 Colombia

00:49:40.240 the list

00:49:40.580 goes kind

00:49:40.980 of on

00:49:41.220 and on

00:49:41.480 in this

00:49:41.720 part of

00:49:41.980 the world

00:49:42.120 with

00:49:42.260 narco

00:49:42.600 terrorism

00:49:43.040 and also

00:49:44.360 the warnings

00:49:44.820 to Iran

00:49:45.340 that have

00:49:45.600 come from

00:49:45.900 this White

00:49:46.280 House

00:49:46.480 all of

00:49:47.380 these

00:49:47.520 are

00:49:47.680 connected

00:49:48.220 so let's

00:49:48.740 kind of

00:49:48.940 lay out

00:49:49.220 what you're

00:49:49.520 going to

00:49:49.660 get on

00:49:49.880 Wednesday

00:49:50.180 yeah

00:49:50.900 look

00:49:51.240 in terms

00:49:53.300 of the

00:49:53.540 wife

00:49:53.800 the answer

00:49:54.180 to that

00:49:54.520 is pretty

00:49:55.060 simple

00:49:55.420 she also

00:49:56.000 has been

00:49:56.380 indicted

00:49:56.740 she's been

00:49:57.200 indicted

00:49:57.620 as a

00:49:58.020 collaborator

00:49:58.780 who's been

00:49:59.840 actively

00:50:00.300 participating

00:50:01.060 in the

00:50:01.400 criminal

00:50:02.280 effort

00:50:02.720 to be

00:50:03.060 a drug

00:50:03.380 dealer

00:50:03.940 and she's

00:50:04.360 been

00:50:04.480 actively

00:50:04.820 part

00:50:05.180 of it

00:50:05.480 and so

00:50:06.360 she's

00:50:06.760 separately

00:50:07.120 indicted

00:50:07.580 as another

00:50:08.060 criminal

00:50:08.380 defendant

00:50:08.780 and that's

00:50:10.120 why she

00:50:10.460 was arrested

00:50:10.940 as well

00:50:11.440 what we're

00:50:12.100 going to

00:50:12.300 talk about

00:50:12.840 on Wednesday

00:50:13.400 is there

00:50:14.260 are very

00:50:14.640 significant

00:50:15.100 geopolitical

00:50:15.780 issues

00:50:16.120 in terms

00:50:16.540 of the

00:50:16.780 rest of

00:50:17.140 Latin

00:50:17.380 America

00:50:17.720 and in

00:50:17.960 particular

00:50:18.400 Cuba

00:50:18.920 Cuba

00:50:19.860 is

00:50:20.180 enormously

00:50:21.020 dependent

00:50:21.540 on Venezuela

00:50:22.180 Venezuela

00:50:22.640 is enormously

00:50:23.360 dependent

00:50:23.780 on Cuba

00:50:24.380 and taking

00:50:25.620 out Maduro

00:50:26.420 puts the

00:50:27.260 communist

00:50:27.660 regime

00:50:28.240 in Cuba

00:50:28.800 in real

00:50:30.380 jeopardy

00:50:31.460 and I

00:50:32.780 think we

00:50:33.280 could end

00:50:33.820 up seeing

00:50:34.400 I think

00:50:34.660 there's a

00:50:34.960 real possibility

00:50:35.700 that we

00:50:36.260 see the

00:50:36.700 communist

00:50:37.020 government

00:50:37.480 in Cuba

00:50:38.460 fall

00:50:38.960 you also

00:50:39.880 look at

00:50:40.360 in Colombia

00:50:40.980 Petro

00:50:41.580 is an

00:50:41.920 anti-American

00:50:42.740 leftist

00:50:43.560 there's a

00:50:44.140 very close

00:50:44.700 ally

00:50:45.120 of Maduro

00:50:45.620 is a

00:50:45.860 very close

00:50:46.320 ally

00:50:46.720 of the

00:50:47.400 communist

00:50:47.700 government

00:50:48.120 in Cuba

00:50:48.580 I think

00:50:49.460 the Colombian

00:50:50.840 leadership

00:50:52.020 has got to be

00:50:52.860 worried about

00:50:53.340 this as well

00:50:53.840 so we're

00:50:54.140 going to

00:50:54.280 break down

00:50:54.700 those geopolitical

00:50:55.500 issues on

00:50:55.980 Wednesday's

00:50:56.480 podcast

00:50:56.800 but we're

00:50:57.720 also going

00:50:58.060 to talk

00:50:58.380 about going

00:50:58.920 forward

00:50:59.400 which is

00:51:00.020 what President

00:51:01.100 Trump did

00:51:01.660 here was

00:51:02.040 very important

00:51:02.700 he sent

00:51:03.220 in a

00:51:03.580 very targeted

00:51:04.340 effort

00:51:04.800 to go

00:51:05.660 and arrest

00:51:06.260 Maduro

00:51:06.760 for this

00:51:07.620 indictment

00:51:08.240 he succeeded

00:51:09.100 incredibly

00:51:09.900 well

00:51:10.340 the question

00:51:11.340 is where

00:51:11.860 do we go

00:51:12.360 from here

00:51:13.000 and early

00:51:14.500 on the

00:51:15.060 administration

00:51:15.560 has suggested

00:51:16.520 that Maduro's

00:51:17.300 vice president

00:51:18.120 is likely

00:51:19.920 to remain

00:51:20.500 in charge

00:51:21.540 of Venezuela

00:51:22.860 that is

00:51:23.920 raising

00:51:25.000 significant

00:51:25.700 concerns

00:51:26.240 we're going

00:51:26.620 to talk

00:51:26.980 about that

00:51:27.600 because

00:51:28.000 Maduro's

00:51:30.080 vice president

00:51:30.800 is also

00:51:31.660 a leftist

00:51:33.280 America

00:51:33.760 hating

00:51:34.100 communist

00:51:34.560 and so

00:51:35.600 that raises

00:51:37.320 significant

00:51:38.040 problems

00:51:38.540 one of the

00:51:39.360 justifications

00:51:40.180 for going

00:51:41.080 in

00:51:41.440 is that

00:51:42.040 Maduro

00:51:42.420 was

00:51:42.720 illegitimate

00:51:43.360 and so

00:51:44.100 I think

00:51:44.540 it's important

00:51:45.240 and we're

00:51:45.460 going to talk

00:51:45.820 about this

00:51:46.220 on Wednesday

00:51:46.760 that there

00:51:48.420 be a

00:51:49.140 democratic

00:51:49.680 election

00:51:50.260 in Venezuela

00:51:51.260 relatively

00:51:52.540 quickly

00:51:53.060 so that you

00:51:53.620 have a

00:51:54.180 legitimate

00:51:54.720 democratically

00:51:55.500 elected

00:51:55.920 leader

00:51:56.260 and I

00:51:57.080 also think

00:51:57.820 it is

00:51:58.120 very important

00:51:58.920 that America

00:52:00.160 not get

00:52:00.920 mired down

00:52:01.940 in a long

00:52:02.940 extended

00:52:03.580 occupation

00:52:04.220 I don't

00:52:04.680 think that's

00:52:05.020 going to

00:52:05.240 happen

00:52:05.460 I don't

00:52:05.720 think

00:52:05.860 President

00:52:06.160 Trump

00:52:06.460 wants

00:52:06.920 that to

00:52:07.280 happen

00:52:07.580 but there

00:52:08.480 are real

00:52:09.020 risks

00:52:09.740 and we've

00:52:11.220 seen that

00:52:11.960 in the

00:52:13.300 wake of

00:52:13.660 Afghanistan

00:52:14.180 in the

00:52:14.560 wake of

00:52:14.840 Iraq

00:52:15.280 to having

00:52:15.900 a long

00:52:16.540 extended

00:52:17.300 US military

00:52:18.800 presence

00:52:19.320 on the

00:52:19.720 ground

00:52:20.120 and so

00:52:20.540 we're

00:52:20.680 going to

00:52:20.840 talk about

00:52:21.340 the risks

00:52:21.860 there

00:52:22.280 and also

00:52:23.740 about

00:52:25.680 Maria

00:52:26.820 Carina

00:52:27.120 Machado

00:52:27.620 the leader

00:52:28.240 of the

00:52:28.520 opposition

00:52:29.120 what her

00:52:30.680 role

00:52:31.160 Juan Guaido

00:52:31.860 what's going

00:52:32.500 to happen

00:52:32.880 next

00:52:33.200 all of that's

00:52:33.740 going to be

00:52:33.960 in Wednesday's

00:52:34.440 podcast

00:52:34.900 yeah it's

00:52:35.420 going to be

00:52:35.640 a really

00:52:35.920 interesting

00:52:36.300 one

00:52:36.480 don't forget

00:52:36.940 download this

00:52:37.620 show Monday

00:52:38.060 Wednesday

00:52:38.320 Friday

00:52:38.720 wherever you

00:52:39.320 get your

00:52:39.580 podcast

00:52:40.080 hit that

00:52:40.400 subscriber

00:52:40.880 on a

00:52:41.160 download

00:52:41.440 button

00:52:41.820 and this

00:52:43.040 pod we do

00:52:43.640 most days

00:52:44.120 now on

00:52:44.540 video as

00:52:44.940 well so you

00:52:45.300 can watch

00:52:45.580 on Facebook

00:52:46.140 or on

00:52:46.540 YouTube

00:52:46.920 grab that

00:52:48.100 there as

00:52:48.560 well and

00:52:48.900 the center

00:52:49.220 I will see

00:52:49.760 you back

00:52:50.340 here on

00:52:50.940 Wednesday

00:52:51.320 morning for

00:52:51.960 another really

00:52:52.580 fun show

00:52:53.220 this is an

00:52:54.860 iHeart podcast

00:52:55.820 guaranteed

00:52:57.320 human

00:52:57.940 or

00:53:00.940 you

00:53:07.240 you

00:53:09.140 you

00:53:09.360 you

00:53:10.540 you

00:53:11.680 you

Verdict with Ted Cruz - January 05, 2026

Maduro Arrested-Why Trump Ordered this Historic Attack & the Detailed Legal Basis for his Authority to Do So

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