The US military operation that led to the capture of Venezuelan President Nicolás Maduro has triggered legal questions, including whether Congress was consulted before the use of force. President Donald Trump said US forces carried out a large-scale operation early Saturday, resulting in the detention of Maduro and his wife, Cilia Flores, who face criminal charges in the United States. The move followed months of escalating pressure on Caracas, including US strikes on vessels Washington says were involved in drug trafficking.
As details of the operation emerged, attention turned to US lawmakers from both parties seeking clarity on the administration’s legal authority and congressional oversight.
Did Congress approve the strike?
Congress did not approve the US military action in advance, according to social media statements from senior US officials. Members of Congress were informed only after the strike had concluded.
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Secretary of State Marco Rubio said on X, “The President of the United States is not a game player. When he tells you he’s going to do something and address a problem, he means it.”
Under the US Constitution, Congress has the power to declare war. While presidents have broad authority as commander-in-chief to conduct limited military actions, no authorization for the use of military force currently exists for Venezuela.
Lawmakers raise constitutional concerns
The lack of prior congressional approval prompted immediate criticism from Democratic lawmakers.
Senate Minority Leader Chuck Schumer said launching military action without authorization or a clear plan was “reckless.” In a statement, he also said, “The administration must brief Congress immediately on its objectives, and its plan to prevent a humanitarian and geopolitical disaster that plunges that plunges us into another endless war…”
Senator Tim Kaine urged the Senate to vote on a bipartisan war powers resolution aimed at blocking further military action against Venezuela without congressional approval. “Maduro is terrible. But Trump put American servicemembers at risk with this unauthorized attack.”
Senator Bernie Sanders called on Congress to act immediately to end the “illegal military operation.”
Several House Democrats, including Representatives Jim McGovern, Alexandria Ocasio-Cortez and Rashida Tlaib, also condemned the strike, warning it could escalate into a broader conflict and undermine constitutional limits on presidential power.
How the administration justified the action
US officials said the operation was conducted at the request of the Justice Department to apprehend Maduro, who has been indicted by a New York grand jury on charges related to drugs, terrorism and weapons offenses.
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Attorney General Pam Bondi said the defendants would face justice in US courts. However, legal experts told Reuters that criminal indictments alone do not provide legal authority to use military force against a foreign government.
While Congress can move to restrict further military involvement through a war powers resolution, legal experts noted that enforcement mechanisms are limited. The administration has not detailed whether additional military action is planned.