Nancy Fairbanks | About Venezuela …

Letters to the Editor
Letters to the Editor
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People have been asking me questions about Venezuela and President Donald Trump’s recent statements, so I want to explain how I perceive these current events.

The U.S. Constitution does not give any president the authority to enter another sovereign country, serve a search or arrest warrant, and extradite that country’s leader because the United States has filed criminal charges. U.S. arrest warrants operate only if the other country agrees to extradition.

When President Trump says he would “enforce an arrest warrant” against Nicolás Maduro, he is referring to real U.S. indictments for drug trafficking and narco-terrorism. Criminal charges do not create legal authority to enter another country. Once force is used across borders, the action shifts from law enforcement to military activity, which is governed by international law.

As commander in chief, Article II of the Constitution, a president may use limited military force to defend the United States, protect U.S. interests, or respond to imminent threats, even without a formal declaration of war from Congress. However, that authority does not convert criminal indictments into military warrants, nor does it transform foreign military action into routine policing.

This distinction explains how actions like destroying a vessel are defended legally. Such acts are framed under Article II as national security or counter-narcotics operations, not as enforcing court orders. Whether one agrees with that justification or not, it rests on war powers, not criminal law.

This is also why comparisons to Obama-era drone strikes are relevant. Under President Barack Obama, the U.S. used drones overseas to kill terrorism suspects, including a U.S. citizen, without arrest or trial. Those actions were justified as acts of national defense, not as serving warrants. They were controversial, but they were never described as ordinary law enforcement. Confusion arises when military force is described as if it were simply executing a court order.

Another common question is why U.S. courts would still try Maduro if he were brought to the U.S. through force rather than extradition. The answer is longstanding: U.S. courts generally do not examine how a defendant was captured. If the court has custody, the trial proceeds. Disputes over sovereignty and international law are treated as political questions, not grounds for dismissing criminal charges.

Finally, President Trump has said the U.S. would “run the country and their oil.” That statement goes far beyond Article II defensive authority. Controlling a country’s government and its oil production is not law enforcement. Under international law, it would be viewed as exercising control over another nation’s territory and resources — in plain terms, an occupation — yet described as temporary or stabilizing.

Strong leaders test limits. History also shows these same leaders that applying rigid standards, without judgment or flexibility, often ends in destruction. Trump operates in gray space because real power and real peace are never forged in absolutes. His survival through forces that have destroyed other men is extraordinary, whether one attributes it to providence, resilience, or history’s strange hand. But a nation endures not because its leaders never stretch the rules, but because the rule of law remains standing after they do. That balance — strength restrained by structure — is what separates a republic from the very corruption it claims to oppose.

Nancy Fairbanks

Valencia

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