Justice Department memo said Trump could send troops into Venezuela unilaterally 14.01.2026

A Justice Department memo, dated December 23, 2025, concluded that then-President Donald Trump possessed the constitutional authority to unilaterally deploy military forces into Venezuela to apprehend President Nicolas Maduro, without requiring congressional authorization. The memo, authored by T. Elliot Gaiser, head of the Office of Legal Counsel, argued that the operation, referred to as "Maduro's abduction," was unlikely to escalate into the type of sustained casualties necessitating a constitutional war requiring legislative approval. Despite acknowledging potential significant resistance and the operation's violation of international law under the UN Charter, Gaiser cited prior executive branch legal opinions asserting the president's ability to override such treaties as a matter of domestic law. The operation, which resulted in at least 80 deaths, including Venezuelan military, civilians, and Maduro's bodyguards, and several American injuries, was justified by the administration based on Maduro's 2020 indictment on drug trafficking charges.















