The Brian Lehrer Show Are the Lethal U.S. Strikes on Venezuelan Boats Legal?
Sep 17, 2025
Brian Finucane, a senior adviser at the International Crisis Group and expert in national security law, analyzes the legality of recent U.S. strikes on Venezuelan vessels. He discusses the gaps in the administration's disclosures and the significance of the strikes occurring outside territorial waters. Finucane explores presidential authority under Article II, historical limits on executive power, and early congressional responses. He raises concerns about the legal risks and potential precedents set by these actions, alongside alternatives for oversight and operational approaches.
AI Snips
Chapters
Transcript
Episode notes
Premeditated Killings May Be Unlawful
- The killings appear to be premeditated acts outside an armed conflict and therefore risk qualifying as murder under U.S. law.
- The administration has not addressed how federal criminal statutes on murder on the high seas are not implicated.
Executive Power Claim Is Contested
- The administration relies on asserted Article II inherent authority rather than Congressional authorization for these strikes.
- That executive-branch theory is contested and not settled by Congress or the courts.
DOJ Two-Part Test For Unilateral Force
- DOJ memos frame unilateral presidential force by a two-part test emphasizing national interest and whether action amounts to 'war'.
- The White House treats limited strikes as non-war, but that doctrine lacks judicial or legislative endorsement.