The Daily From President to Defendant: The Legal Case Against Maduro
623 snips
Jan 5, 2026 
Charlie Savage, a national security and legal policy reporter for The New York Times, breaks down the complex legal issues surrounding Nicolás Maduro's recent capture. He discusses the legality of the operation, exploring tensions between U.S. domestic law and international law. Savage highlights past precedents, such as the Noriega case, and delves into the implications of Maduro's cocaine trafficking indictment. He also examines possible defenses against head-of-state immunity and the potential long-term consequences of this unprecedented legal situation.
AI Snips
Chapters
Transcript
Episode notes
International vs. Domestic Legal Split
- The operation was likely illegal under international law because the UN Charter bars force in another state's territory without consent or Security Council approval.
- Domestic statutes permit U.S. agencies to arrest suspects abroad, creating a legal split between international and domestic law.
Noriega Invasion As Precedent
- Charlie Savage recounts the 1989 U.S. invasion of Panama to arrest Manuel Noriega as a key historical precedent.
- That invasion violated international law but faced little effective international enforcement, illustrating how precedent can shape executive choices.
Inherent Executive Power Argument
- Justice Department memos gave presidents broad inherent power to protect federal agents abroad, a rationale used in 1989 and likely here.
- Legal scholars dispute that view, especially whether treaties like the UN Charter can be overridden domestically.