Advisory Opinions The Legality of U.S. Operations in Venezuela
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Jan 6, 2026 
David Lat, a legal commentator and founder of Original Jurisdiction, joins to discuss the complex legality of the Trump administration's attempts to arrest Venezuelan President Nicolás Maduro. They delve into whether foreign leaders can be arrested under international law and critique the expansive legal reasoning used in prior cases. Additionally, they explore the recent Supreme Court ruling regarding the National Guard's deployment, examining its implications for presidential authority. Engaging and insightful, the conversation also covers AI's impact on legal practices.
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The Barr Opinion's Broad Claims
- The Barr OLC opinion on Panama asserted presidential power to authorize extraterritorial arrests despite international law limits.
- It also claimed delegation to the attorney general and no Fourth Amendment violation for forcible abductions abroad.
Indictment Alone Is Not A Blank Check
- David French and David Lat both find the Barr reasoning alarmingly broad and worry about lack of limiting principles.
- They stress that indicting a foreign leader should not alone authorize large-scale military operations.
When Law Enforcement Becomes An Act Of War
- A sensible limiting principle is that extraterritorial arrests must stop when they would amount to an act of war under international law.
- The War Powers Resolution offers procedural limits but cannot legalize aggressive acts that violate the UN Charter.