Transcript
Justin (0:01)
Gone in 60 seconds. The case of the missing Maduro. Welcome to Second Breakfast. We're talking Venezuela.
Jordan (0:09)
Our first ever emergency Second Breakfast podcast coming to you the evening of January 5th. No, we did not get together this past weekend, the day after New Year's to do it. But I hope this is okay for you guys.
Eric (0:26)
Um, slow form Emergency.
Jordan (0:29)
Yeah. Roll out emergency.
Tony (0:31)
Yeah. So, so why the move? Why now? What's the law? I, I, I recognize it's almost quaint. It feels like referring back to ancient times or the Victorian era when you're speaking of issues of international law or chivalry or what gentlemen are supposed to do in the pursuit of statecraft. But how do you, how do you get here when you are the head of Special Operations Command, you've got a subordinate task force and you are instructed to conduct this operation under what law? If you saw the immediate reaction from some self proclaimed constitutional scholars, they proclaimed that the President has inherent authority to make or break war. And that is popular and it's novel. It is a new component of American far right jurisprudence in that the President has been declared a king. And there are increasing moves to, to validate that that the President has in the inherent commander in chief power enshrined in the Constitution. The ability to determine enemies and make moves against it. While popular, I cannot emphasize enough that that is new. That is not the way the country was founded. Decisions over moving into armed conflict were supposed to be divided by and between the Congress and the Executive. Congress determines whether or not the war exists. And then Congress executes or correction, the President executes that role of commander in chief once war is declared. But we are now well past that. And we are in maybe a third founding of the American Republic where the rule set upon which we used to rely and that we all grew up with is no longer in effect. And the operation into Venezuela and forthcoming operations against Greenland are kind of a reflection of this new order.
Jordan (2:33)
Oh boy.
Tony (2:34)
Yeah, let's just admit it up front. Like we have serious people talking about breaking NATO with military force from the United States against NATO ally. Like this isn't science fiction. This is something they're bragging about. We owe it to ourselves or to our audience to speak through it capably but beyond the future operations. And we'll get to that later. And we'll also speak about the actual tactics that went into the mission itself. There is precedent to this adventure in Venezuela. The United States has done operations like this before. Using military force to go after fugitives from justice is, is not new. The Perpetrators of the Benghazi attacks were picked up in Libya and returned to the United States to face trial in Article 3 courts. Cash Patel sort of made his reputation as a Department of justice liaison to the Trans Special Operations Command. As part of that, Maduro was brought back to the United States pursuant to a grand jury indictment that was sworn out of the Southern District of New York. There's a legal chain of culpability. It's similar to what happened to manuel Noriega in 1989. But saying that there's. President saying that it's been done before should feel like it's not substantial. And while I wind this down, is not a constitutional principle that if a court swears out or if a grand jury swears out an indictment, that the armed forces of the United States are obligated to go pursue this person, that is. That is not the law. The President is authorized to use means to defend the United States. It's absolutely true. And it's designed for forces like at Pearl harbor to shoot back, absent a declaration of war or in the Cold War, to respond to sudden and alarming provocations from the Soviet Union. There's reason for it. But coiling American military power over time, setting conditions for operations and taking a deliberate strike against a de facto head of state, is kind of a capital W act of war. And our Congress wasn't really even told about it. So that colors everything we're talking about because we are in a new era of American jurisprudence and adaptation of international law.
