Updated: Headfirst Into War

The horrific attack on Venezuela overnight puts the U.S. in the same camp as Russia.

Americans probably still can be shocked and horrified. An undeclared, unprovoked, and illegal war designed to, well, we can only guess—though Donald Trump and JD Vance have seemed to concede this was a war for oil—puts the United States on the same moral and legal footing as Russia, which invaded its neighbor in a war of pure aggression. The U.S. president this weekend attacked a sovereign nation, killed its citizens, and kidnapped its leader.

Rep, Jim Himes, ranking Democrat on the Intelligence Committee, said in a statement:

Maduro is an illegitimate ruler, but I have seen no evidence that his presidency poses a threat that would justify military action without Congressional authorization, nor have I heard a strategy for the day after and how we will prevent Venezuela from descending into chaos. Secretary Rubio repeatedly denied to Congress that the Administration intended to force regime change in Venezuela. The Administration must immediately brief Congress on its plan to ensure stability in the region and its legal justification for this decision.

Sen. Andy Kim (D-N.J.) aptly explained the constitutional outrage. “Trump rejected our Constitutionally required approval process for armed conflict because the Administration knows the American people overwhelmingly reject risks pulling our nation into another war,” he declared on social media. “This will further damage our reputation—already hurt by Trump’s policies around the world—and only isolate us in a time when we need our friends and allies more than ever.” Indeed, Mexico already denounced the action. Others are sure to follow.

Any and all regime officials who insisted in congressional briefings that the boat strikes were about drugs, not regime change, lied to Congress as Kim and others have pointed out, and participated in a wholly unconstitutional war. Even Susie Wiles condeded in a recent Vanity Fair article that attacking the mainland would require congressional assent. So much for that.

The U.S. attorney general declared that the United States had indicted Venezuelan President Nicolás Maduro and his wife, Cilia Flores, on narcotics charges and will be tried in federal court. That outlandish proposition opens the seizure to scrutiny and raises the interesting possibility that Trump claims he enjoys immunity but not other heads of state.

Sen. Ruben Gallego (D-Ariz.), an Iraq War veteran, posted a sobering warning: “I fought in some of the hardest battles of the Iraq War. Saw my brothers die, saw civilians being caught in the crossfire all for an unjustified war. No matter the outcome we are in the wrong for starting this war in Venezuela.” He added, “Second unjustified war in my life time. This war is illegal, it’s embarrassing that we went from the world cop to the world bully in less than one year. There is no reason for us to be at war with Venezuela.”

It is hard not to conclude that the action is a “wag the dog moment” aimed at distracting the public from the Epstein files, the rotten economy, and Trump’s declining health. It very well could supercharge Trump’s lawless and violent domestic policies against migrants, civil society groups, and others on grounds that they are authorized by wartime powers. His rickety tower of constitutional rubbish will continue to build.

We should have no expectation that congressional Republicans will do anything to thwart Trump (the power of the purse, impeachment, activation of the War Powers Act). They have repeatedly caved in allowing his illegal attacks on boats and even the killing of survivors left adrift after the U.S. blew up their boat.

Democrats, however, should act to garner public support and reiterate the danger posed by MAGA. Impeachment of all concerned and future criminal prosecution where possible should be on the table. Funding for the government runs out this month, and a nonstop series of speeches to the American people during a second government shutdown would be edifying.

This mind-blowing attack is the direct result of a Supreme Court MAGA majority, and Chief Justice John Roberts Jr. specifically, who granted him broad immunity never envisioned by the Framers. He has taken that and run with it—now headfirst into war.

The dangers to Americans in Venezuela and elsewhere, the potential for chaos or the ascension of an equally bad or noxious figure, international isolation and rebukes, and magnified economic uncertainty are all possible.

The Contrarian will have much more to say in the hours, days, and weeks ahead as we follow the ramifications of what, even for Trump, is a hideous assault on the Constitution.

FIRST UPDATE (9:43 a.m.): A statement from Sen. Mark R. Warner (D-Va.), the ranking member on the Senate Intelligence Committee, read in part, “Our Constitution places the gravest decisions about the use of military force in the hands of Congress for a reason. Using military force to enact regime change demands the closest scrutiny, precisely because the consequences do not end with the initial strike.

“If the United States asserts the right to use military force to invade and capture foreign leaders it accuses of criminal conduct, what prevents China from claiming the same authority over Taiwan’s leadership? What stops Vladimir Putin from asserting similar justification to abduct Ukraine’s president? Once this line is crossed, the rules that restrain global chaos begin to collapse, and authoritarian regimes will be the first to exploit it.”

SECOND UPDATE (11:04 a.m.): Sen. Chris Coons (D-Del.) said in a statement: “This military action is the next stage in President Trump’s incoherent and arguably illegal Venezuela operation. In recent briefings to Congress, senior administration officials said they were focused on combatting drug trafficking, not regime change, and made clear they had no plan for what would happen if Maduro was removed or overthrown. This was clearly false, and furthermore, a military operation to capture and overthrow a president—even an illegitimate one—is an act of war that must be authorized by Congress. Not only has the Trump administration not sought congressional approval, they did not even notify members of either party in Congress until after the strike had concluded. Protecting democracy should not be done through illegal means.”

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