Advisory Opinions Prosecuting Foreign Leaders
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Jan 8, 2026 The hosts dive into the legality of prosecuting foreign leaders, specifically Nicolás Maduro, exploring whether U.S. courts can charge him. They discuss the strength of drug charges against Maduro and the implications of sovereignty in such cases. The conversation also touches on compelled speech in diversity training and the controversial qualified immunity ruling from the Fifth Circuit. With a mix of legal analysis and historical context, the discussion highlights the tension between military responses and judicial actions in foreign affairs.
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Foreign Leaders Can Be Prosecuted
- U.S. law allows prosecution of foreign heads of state in federal court under existing precedent.
- The question of prosecutability is distinct from whether the evidence proves the charges against them.
Charges Split On Strengths
- Drug-trafficking counts against Nicolás Maduro look legally strong while machine-gun counts raise territorial and due-process questions.
- Statutes like 18 U.S.C. § 924 are broad but may face challenges when applied extraterritorially.
Illegality Of Capture Won't Always Block Trial
- An unlawful capture abroad does not automatically bar U.S. prosecution under Alvarez-Machain.
- The Court refused to return a defendant despite treaty violations about his forcible removal.