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“The Legal Basis for Action Against Venezuelan Drug Traffickers”

Wednesday, March 18, 2026

Key Takeaways

  • The subcommittee examined the legal basis for Operation Absolute Resolve, a January 2026 military-supported mission that captured indicted Venezuelan leader Nicolás Maduro to face narcoterrorism charges.
  • Thomas Padden (Former Acting Director, Organized Crime Drug Enforcement Task Forces) testified that sinking drug boats destroys evidence and that dismantling the OCDETF task forces makes Americans less safe.
  • Rep. Johnson (D, GA-4) pressed Josh Blackman (Professor of Law, South Texas College of Law Houston) on whether the president can unilaterally ignore ratified international treaties like the UN Charter.
  • Republicans defended the operation as a necessary national security action against a narcoterrorist regime, while Democrats characterized it as an illegal, costly kidnapping that violated international law.
  • This hearing establishes the legislative record for the administration's maritime strike policy and the use of military assets to apprehend foreign leaders indicted on domestic criminal charges.
Hearing Details

Witnesses

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Hearing Analysis

Overview

The House Judiciary Subcommittee on Oversight held a hearing on March 18, 2026, to examine the legal and national security justifications for "Operation Absolute Resolve," a January 3, 2026, mission that resulted in the capture of Nicolás Maduro and his wife in Caracas, Venezuela. The hearing also addressed a series of maritime strikes against suspected drug vessels in the Caribbean and the Eastern Pacific, as well as the administration's decision to dismantle the Organized Crime Drug Enforcement Task Forces (OCDETF). Chairman Jefferson Van Drew (R, NJ-2) framed the operation as a necessary law enforcement action to bring a fugitive to justice, arguing that Maduro’s regime functioned as a criminal enterprise that flooded the United States with cocaine and collaborated with hostile actors like the Islamic Republic of Iran (Iran) and Hezbollah.

Key Testimony

Witnesses supporting the administration provided a legal framework for the operation. Josh Blackman, Professor of Law at South Texas College of Law Houston, detailed a timeline of escalating actions, including the designation of the Tren de Aragua (TDA) as a foreign terrorist organization and the invocation of the Alien Enemies Act of 1798. Blackman argued that the capture of Maduro was a "limited hostility" rather than a full-scale war, citing the 1989 apprehension of Manuel Noriega as a relevant precedent. Gina D'Andrea, General Counsel for the America First Policy Institute (AFPI), testified that because the U.S. does not recognize Maduro as a legitimate head of state, he is not entitled to sovereign immunity. She further noted that the Maritime Drug Law Enforcement Act provided jurisdiction for the United States Coast Guard and United States Department of Defense (Pentagon) to conduct strikes on vessels serving as instrumentalities of narcoterrorism. Franklin Camargo, a political commentator for PragerU, testified to the necessity of the operation, describing how the Maduro regime used the Cartel de los Soles (Cartel of the Suns) to weaponize drug trafficking against American communities.

Overview

Ranking Member Jasmine Crockett (D, TX-30) and Full Committee Ranking Member Jamie Raskin (D, MD-8) sharply criticized the operation as an illegal "kidnapping" and an unauthorized act of war. Rep. Crockett alleged that the operation was motivated by corruption, claiming the president consulted with oil corporate executives before the raid and that the first sale of seized Venezuelan oil benefited a campaign donor. She noted that the operation cost taxpayers $3 billion and resulted in 83 deaths, including 40 civilians. Rep. Raskin argued that the administration’s "shoot first, ask questions later" approach violated the United Nations (UN) Charter and the U.S. Constitution, which grants Congress the power to declare war. He criticized the maritime strikes for destroying evidence and witnesses needed to prosecute high-level kingpins.

Key Testimony

A significant point of contention was the dismantling of the OCDETF. Thomas Padden, former Acting Director of the Organized Crime Drug Enforcement Task Forces, testified that the administration’s decision to eliminate the task force in late 2025 undermined decades of bipartisan progress. Padden argued that the OCDETF model of prosecutor-led investigations was more effective than military strikes, which he claimed do not stop the flow of fentanyl since Venezuela is not a primary source of the drug. He noted that Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) agents were being diverted from drug cartels to immigration enforcement, which he argued made Americans less safe.

Overview

The hearing highlighted several key organizations. The Bolivarian Republic of Venezuela (Venezuela) was discussed as a "narco-state" that facilitated the Cartel de los Soles (Cartel of the Suns). The Organized Crime Drug Enforcement Task Forces (OCDETF) was praised by the minority for its historical success but criticized by the majority's policy of dismantling it. The Tren de Aragua (TDA) was identified as a violent gang designated as a foreign terrorist organization. The Islamic Republic of Iran (Iran) and Hezbollah were mentioned as hostile actors exploiting the Maduro regime. The United States Department of the Treasury (Treasury) was noted for imposing sanctions on TDA leaders and Venezuelan oil. The Republic of Honduras (Honduras) was referenced regarding the pardon of its former president, Juan Orlando Hernández, by President Trump.

Key Testimony

Partisan dynamics were starkly divided. Republicans focused on the "moral clarity" of removing a dictator and the legal basis of Article II authority. Democrats countered by highlighting the president’s pardons of other drug traffickers, such as former Honduran President Juan Orlando Hernández and Silk Road founder Ross Ulbricht, arguing these actions contradicted the administration’s stated goals. Notable exchanges included Rep. Crockett questioning the constitutionality of "blowing up boats" without due process and Rep. Raskin challenging Ms. D'Andrea on whether the "rule of law" applies when a president targets political critics. No specific next steps or future deadlines were established, though the subcommittee remains focused on oversight of the executive branch's ongoing operations in the Caribbean.

Transcript

Rep. Vandrew (NJ-2)

Subcommittee will now come to order without objection. The chair is authorized to declare a recess at any time. We welcome everyone to today's hearing on the legal basis for action against Venezuelan drug traffickers. I now recognize the gentleman from Kansas who will lead us in the pledge and then we will have a moment of silence for all of our troops including the airmen that were killed in Iraq. Please rise.

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