The Legal Basis for Action Against Venezuelan Drug Traffickers

Defense Posture and Global ThreatsHouse Judiciary Subcommittee on Oversight · March 18, 2026 · 119th Congress
The House Judiciary Subcommittee on Oversight held this hearing to examine the constitutional and legal basis for Operation Absolute Resolve — the January 3, 2026 US operation that captured Venezuelan leader Nicolás Maduro — and for the preceding US military strikes on alleged drug-trafficking vessels near Venezuela. Begins at ▶ 0:29:38
Transcript
Highlights

Title

Legal authority for Maduro's capture and Venezuela drug-boat strikes

Purpose

The House Judiciary Subcommittee on Oversight held this hearing to examine the constitutional and legal basis for Operation Absolute Resolve — the January 3, 2026 US operation that captured Venezuelan leader Nicolás Maduro — and for the preceding US military strikes on alleged drug-trafficking vessels near Venezuela. Four witnesses testified on the president's Article II authority, the 2020 federal indictment of Maduro, and the elimination of the Justice Department's drug-trafficking task force, while members debated whether the actions were lawful law enforcement or an unconstitutional act of war. Begins at▶ 0:29:38

Who spoke

• Chairman Van Drew (R-NJ)▶ 0:30:51: Framed Operation Absolute Resolve as a law-enforcement arrest, not war, invasion, or regime change▶ 0:33:20; said Maduro directed a narco-terrorism enterprise trafficking thousands of tons of cocaine▶ 0:31:15, and that US forces also conducted maritime strikes and an oil blockade to cut regime funding▶ 0:35:03.

• Rep. Jasmine Crockett (D-TX), Subcommittee Ranking Member▶ 0:38:19: Argued there is no legal basis to "invade a sovereign country and kidnap its leader," citing at least 40 civilians and 83 total killed in the operation▶ 0:40:11; noted DEA has never listed Venezuela as a fentanyl source or transit country▶ 0:40:36, and later argued the analysis should be the same as if a foreign country bombed the US to arrest someone named in the Epstein files▶ 1:44:08.

• Rep. Jamie Raskin (D-MD), Full Committee Ranking Member▶ 0:45:20: Said the administration has launched more than 40 strikes on drug boats since summer, killing at least 157 people without a declaration of war▶ 0:45:20; cited Article I, Section 8 war powers▶ 0:45:42, opioid deaths falling from 80,000 to 54,000 under Biden▶ 0:48:32, and Attorney General Bondi's termination of OCDETF▶ 0:50:33; pressed Ms. D'Andrea on Trump's directives to prosecute political critics▶ 1:29:52 and challenged her "rule of law" statement against Trump's 2020 election claims▶ 1:32:17.

• Josh Blackman, Professor, South Texas College of Law▶ 0:58:11: Laid out a ten-step timeline from Maduro's 2020 indictment through the December 2025 OLC opinion to the January 2026 arrest▶ 0:58:47; testified the president can act without Congress when force doesn't rise to constitutional "war," citing the Noriega and Libya precedents▶ 1:27:01▶ 1:37:30, and argued a ratified treaty cannot itself extinguish the president's Article II powers▶ 1:22:44.

• Franklin Camargo, Prager University Foundation▶ 1:02:45: Described fleeing Venezuela after being accused of terrorism and receiving US asylum▶ 1:03:13; said roughly 250 tons of cocaine move through Venezuela yearly under regime protection via the "Cartel de los Soles"▶ 1:04:15, and cited Hugo Carvajal's claims that drugs were used as a "weapon of mass destruction" against the US▶ 1:05:36.

• Gina D'Andrea, General Counsel, America First Policy Institute▶ 1:07:54: Argued Maduro holds no legitimate claim to power after losing the 2024 election and enjoys no head-of-state immunity, comparing his case to Noriega's▶ 1:11:29; said the FTO designation of the Cartel de los Soles broadens presidential authority to act▶ 0:10:37▶ 1:39:06.

• Thomas Padden, former OCDETF Acting Director▶ 1:13:14: Testified OCDETF task forces built the case that led to Maduro's 2020 indictment▶ 1:16:19 and, over 43 years, dismantled over 21,000 criminal organizations and convicted over 321,000 defendants before the task force was eliminated▶ 1:15:51; said maritime strikes destroy evidence and there is no evidence they intercept fentanyl, which arrives mainly via the US-Mexico border▶ 1:17:43▶ 1:18:11.

• Rep. Hank Johnson (D-GA)▶ 1:19:11: Pressed Camargo on what evidence ties Maduro personally to trafficking beyond indictments and allegations▶ 1:19:26; pressed Blackman on whether the president can unilaterally disavow ratified treaties like the UN Charter▶ 1:22:00, and called the panel "a sham"▶ 1:24:55.

• Rep. Derek Schmidt (R-KS)▶ 1:19:11: Established with Padden that OCDETF's work led to Maduro's indictment but no arrest attempt occurred in the following five years▶ 1:25:46; got Blackman to affirm the president's "take care" duty and the doctrine of necessity justified using military force to protect agents executing the arrest warrant▶ 1:27:20▶ 1:28:53.

• Rep. Wesley Bell (D-MO)▶ 1:35:47: Asked Blackman to distinguish law enforcement from an act of war, citing the Obama-era Libya precedent▶ 1:37:05; asked D'Andrea about the FTO designation's effect on presidential authority and Iran/Hezbollah links to the Maduro regime▶ 1:39:06▶ 1:39:52.

• Rep. Brian Babin (R-TX), identified as chairing part of the hearing▶ 1:46:26: Argued the operation was legal and reduced drug supply, noted Maduro went unarrested for five years after indictment▶ 1:47:21, and questioned witnesses to establish Maduro's regime as a state-enabled drug enterprise▶ 1:49:15.

• Rep. Craig Goldman (R-TX), referred to as "Mr. Gill" in the transcript▶ 1:53:07: Cited GAO findings that Venezuela accounted for 10–13% of global cocaine movement▶ 1:54:05; noted roughly a million Venezuelans are estimated to be in the US as of 2026▶ 1:56:20 and entered numerous articles into the record▶ 1:57:12.

Key moments

• Chairman Van Drew said the operation, code-named Absolute Resolve, involved a "precise nighttime raid" extracting Maduro and his wife from a military compound in Caracas▶ 0:32:53.

• Crockett said DEA's National Drug Threat Assessment shows Venezuela has little to no role in fentanyl smuggling and cited at least 40 civilians killed among 83 total deaths in the operation▶ 0:40:11▶ 0:40:36.

• Raskin said Trump pardoned former Honduran president Juan Orlando Hernández, convicted of trafficking over 400 tons (800,000 lbs) of cocaine — twice the amount the State Department estimates moved through all of Venezuela▶ 0:41:17▶ 0:52:17.

• Padden testified OCDETF's Fusion Center held more than 670 million records before the task force was eliminated, and that sinking boats "sends the evidence to the bottom of the sea," undermining investigations▶ 1:16:56▶ 1:17:43.

• Exchange between Rep. Johnson and Blackman over whether the president can disregard the UN Charter's prohibition on force against another state's territorial integrity; Blackman argued the treaty cannot override Article II powers▶ 1:22:16▶ 1:22:44.

• Schmidt got Blackman and Padden to agree no action was taken to arrest Maduro for five years after his 2020 indictment before Trump's second administration escalated force▶ 1:26:10▶ 1:27:34.

• Raskin confronted D'Andrea with her own written standard — that any leader directing law enforcement against political critics violates the rule of law — asking whether it applies to Trump's calls to prosecute Comey, James, and Schiff; D'Andrea said it depends on whether evidence exists▶ 1:30:10▶ 1:30:36.

• Crockett argued that if a foreign country bombed the US and killed civilians to arrest Trump over Epstein-file allegations, "every single one of you...would be screaming from the rooftops," and said the legal analysis must be consistent▶ 1:45:13▶ 1:45:36.

• Blackman cited the William Barr-authored 1989 Noriega opinion as precedent for using military force to protect agents executing a valid arrest warrant▶ 1:26:34.

• Camargo said 30,000 Americans die annually from cocaine overdoses and that a majority of Venezuelans, in his view, do not consider Maduro a legitimate president after disputed 2013, 2018, and 2024 elections▶ 1:04:44▶ 1:06:36.

Metadata

CommitteeHouse Judiciary Subcommittee on Oversight
Chamber / CongressHouse · 119th Congress
DateMarch 18, 2026
TypeHearing
Witnesses
Mr. Franklin Camargo — Prager University Foundation
Ms. Gina D'Andrea — General Counsel, America First Policy Institute
Mr. Thomas Padden — Former Director, Organized Crime Drug Enforcement Task Force
Mr. Josh Blackman — Professor, South Texas College of Law
Videoyoutube
Transcript231 caption blocks · 14,112 words · 2:00:24 runtime
EventCongress.gov 119073