Trump Administration Lacks Legal Justification for Venezuela Strike, Congress Informed

On Wednesday, Trump administration officials indicated to Congress that there are currently no plans for military strikes in Venezuela. They clarified that there is no legal basis for such actions against land targets at this time. This information came during a classified session involving Secretary of State Marco Rubio, Defense Secretary Pete Hegseth, and a representative from the White House’s Office of Legal Counsel.
Legal Justification Concerns for Venezuela Strikes
During the briefing, lawmakers were informed that a previously issued opinion from the Justice Department’s Office of Legal Counsel does not authorize strikes within Venezuelan territory. This opinion was initially meant to provide justification for attacking drug boats operating in the region. However, it explicitly excludes any ground targets within Venezuela or other countries.
Military Strategy and Congressional Input
The military campaign against suspected drug trafficking boats in the Caribbean commenced in September. An “execute order” from this operation does not extend to land targets, according to officials. Despite an extensive list of 24 criminal organizations that the administration may target, there is no current go-ahead for strikes within Venezuela.
Officials from the administration are seeking a new legal opinion from the Justice Department. This opinion would potentially allow for strikes against land targets without needing Congressional approval. Nevertheless, no concrete decisions regarding attacks inside Venezuela have been made as of now.
Military Assets and Operations in the Caribbean
The deployment of military assets, including the Ford Carrier Strike Group, has raised suspicions about possible intentions to strike within Venezuela. However, administration officials clarified that the military presence aims to support narcotics operations and gather intelligence. These operations are designed to combat drug trafficking without escalating to direct strikes on land targets.
Strikes and Accountability
- The US military has conducted 16 strikes against vessels since September, resulting in at least 67 fatalities.
- Strikes are based on intelligence linking vessels to drug trafficking organizations, but identities of individuals on board may not be known prior to attacks.
- Officials claim that intelligence gathering is robust, despite calls for greater transparency regarding the links between vessels and drug trafficking.
Senator Mark Warner expressed confidence in the intelligence used in these operations but challenged the necessity of lethal strikes over interdictions that could yield evidence. Meanwhile, Representative Gregory Meeks raised doubts about the legality of these attacks and noted a lack of evidence shared regarding the connection of vessels to drug trafficking.
Rubio defended the administration’s operations, stating that tracking and intelligence processes are rigorous. He emphasized that each strike targets only those boats involved with specific organizations and trafficking routes. Despite the high volume of maritime activity, selectivity in targets is maintained to meet operational criteria.




