Court will likely REJECT claim Maduro is ‘still president’: Constitutional law attorney

Key Concepts

• Extradition & International Law: The legal process of transferring an accused person from one jurisdiction to another, and the applicable international laws governing such actions.
• Article Two (US Constitution): Defines the powers of the Executive Branch (the President), including authority over foreign policy and military action.
• War Powers Act: A US federal law intended to limit the President’s power to commit the United States to an armed conflict without the consent of Congress.
• Superseding Indictment: An updated indictment that adds or modifies charges against a defendant.
• Sovereign Immunity: The principle that a sovereign state is immune from the jurisdiction of foreign courts.
• Cooperating Witness: An individual who agrees to provide testimony and evidence against others in exchange for leniency in their own legal proceedings.
• Noriega Precedent: Referring to the case of Manuel Noriega, former dictator of Panama, who was similarly extradited, tried, and imprisoned.

Maduro’s Potential Sentence & Comparison to Noriega

The discussion centers around the potential legal consequences facing Nicolás Maduro, the Venezuelan president, following his recent arrest. Jonathan Turley estimates Maduro could face a life sentence, even if some charges are dismissed, due to his age and the severity of the accusations. This is compared to the case of Manuel Noriega, the former Panamanian dictator. Noriega was also extradited, tried in the US, and ultimately died in prison in Panama after a period of being transferred to France. A key difference noted is the lack of expressed interest from European nations in pursuing Maduro’s case, despite the fact that much of the cocaine linked to him was destined for Europe. Turley highlights that Noriega faced significant international pressure for prosecution.

Presidential Authority & the Constitution

A significant portion of the conversation revolves around the constitutionality of presidential actions, specifically regarding military intervention. Senator Tim Kaine’s assertion that the Constitution doesn’t grant the President the right to initiate military action is strongly refuted by Turley. He argues this is demonstrably false, citing historical precedents and Article Two of the Constitution, which outlines the President’s executive powers. Turley points out that both Democratic and Republican presidents have historically committed troops to combat without explicit congressional declarations of war, citing examples like Bill Clinton’s actions in Libya and Barack Obama’s targeted killing of an American citizen and bombing of Libyan military units. He criticizes Kaine’s stance as hypocritical, given his sponsorship of a resolution to limit presidential authority in Venezuela.

Quote: “Obviously Senator Kaine is wrong, which is ironic because he’s the chief sponsor of the resolution being put forward in the Senate to limit the president's authority on Venezuela.” – Jonathan Turley

The Strength of the Case Against Maduro

Turley assesses the charges against Maduro as “very scary” for the defendant. He explains that the prosecution possesses substantial evidence, including alleged tape recordings of Maduro directing cartel operations, involvement of his family members, and potentially a cooperating witness – the former head of Venezuelan military intelligence. He anticipates a “superseding indictment” with further charges, making a successful defense extremely difficult. The defense is likely to attempt a strategy similar to Noriega’s, arguing sovereign immunity, but Turley believes this argument will be rejected by the court, as it was in Noriega’s case. Maduro’s claim to still be the president of Venezuela is also deemed irrelevant by Turley, noting that 50 countries do not recognize his legitimacy.

Quote: “I’ve said before that Modero Modero thought that the raid was scary, wait till he reads the superseding indictment. I mean, it is it is very scary.” – Jonathan Turley

International Law & US Jurisdiction

The discussion addresses concerns about international law and potential interference. Turley clarifies that the US Constitution, specifically Article Two, will govern the case, not international law. He counters the claim made by the Mexican president regarding Article Two of the UN Charter, stating it’s Article Two of the US Constitution that is relevant. He further explains that under international law, countries have the right to self-defense and to enforce criminal procedures, precedents established in cases like Noriega’s. He acknowledges the argument that the US action constitutes regime change, but notes that US courts have not consistently agreed with this interpretation.

Quote: “First of all, you know, the Mexican president said that article two of the UN charter says that this is unlawful. It's article two of the US Constitution that will govern in this case.” – Jonathan Turley

Logical Connections

The conversation flows logically from assessing Maduro’s potential sentence to examining the constitutional basis for the US actions, then to the strength of the evidence against Maduro, and finally to addressing international law concerns. The Noriega case serves as a recurring point of comparison throughout the discussion, highlighting both similarities and differences in the two situations. The critique of Senator Kaine’s position is interwoven with the broader discussion of presidential authority and historical precedents.

Conclusion

The analysis suggests that Nicolás Maduro faces a significant legal challenge with a high probability of a lengthy prison sentence. The US government appears to have built a strong case based on substantial evidence, and legal arguments based on sovereign immunity are likely to fail. While international law concerns have been raised, US law will ultimately govern the proceedings. The conversation underscores the complex interplay between domestic constitutional principles, historical precedents, and international legal considerations in cases involving foreign leaders accused of criminal activity.