The Lawfare Podcast Lawfare Daily: The U.S. Strike on Venezuela and Capture of Nicolás Maduro
8 snips
Jan 5, 2026 
Scott R. Anderson, a national security law expert, joins Dana Stuster, a foreign policy editor, and Loren Voss, a public service fellow, to dissect the U.S. military strike on Venezuela. They delve into the legal ramifications and justifications for targeting Nicolás Maduro, exploring the balance between law enforcement and military action. The discussion also touches on the geopolitical implications, potential U.S. policy aims like oil access, and the risks that such actions pose to international norms. Their analysis raises questions about whether the U.S. is effectively at war with Venezuela.
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Oil Motivation Undermines Norms
- Officials openly discussed oil access as an objective of U.S. pressure on Venezuela.
- That explicit economic motive undermines the U.S. position against similar foreign resource grabs by other powers.
Executive War-Powers Playbook
- Domestically the administration will likely claim Article II war powers or national-interest authority to act without Congress.
- Executives historically use flexible war-powers standards for limited conflicts, making legal challenges rare and uncertain.
Scrutinize Law-Enforcement Claims Closely
- Treat law enforcement claims as a gloss, not a substitute, for core legal analysis about force and authorization.
- Ask whether nature, scope, and duration of hostilities create constitutional limits requiring congressional authorization.