The Donald Trump administration has stated that military action against Venezuelan drug cartels is an executive authority that does not require congressional approval.
The Washington Post reported on the 1st that Justice Department General Counsel Elliot Guyger made these remarks during a recent closed-door meeting with members of Congress.
According to sources, Guyger argued that military action against Venezuelan drug cartels does not constitute hostilities under the War Powers Act, which requires congressional authorization. He also announced that the Trump administration does not need to request Congress’s approval for an extension or additional military action against Venezuelan drug cartels.
Currently, the Trump administration is deploying US ships and fighter jets to the Caribbean and sinking drug trafficking vessels, aiming to block the flow of drugs from Venezuela to the United States. Specifically, the US military has deployed nuclear-powered fast-attack submarines and Aegis destroyers to the Caribbean, as well as missile cruisers and littoral combat ships. There is considerable speculation that the US may launch military operations aimed at regime change in Venezuela.
In this regard, there is a growing view in US political circles, particularly among the opposition Democratic Party, that the Trump administration’s military operations without reporting to Congress constitute an abuse of executive power.
While the president, as commander-in-chief, possesses extensive military authority, military action without congressional approval is difficult to justify legally. Article 2 of the US Constitution stipulates that the president serves as Commander-in-Chief of the Armed Forces. However, the power to declare war remains with Congress.
Accordingly, Senator Tim Kaine (D-Va.) introduced a resolution reaffirming Congress’ authority to declare war and other actions. However, the Trump administration maintains that the War Powers Act does not apply to the use of force against Venezuelan drug cartels.
A senior White House official argued, “The War Powers Act only applies to situations that expose American soldiers to danger,” and “The current operation involves precision strikes using drones launched from naval vessels in international waters, so US soldiers are not directly exposed to danger.”