Justice Department memo said Trump could order troops into Venezuela without Congress

A secret Justice Department memo from the Office of Legal Counsel concluded that President Trump had constitutional authority to send U.S. military forces into Venezuela to help carry out the arrest of President Nicolás Maduro without congressional authorization, according to people familiar with the document.

The roughly 22-page memo was signed by OLC head T. Elliot Gaiser and the administration has begun showing it to members of Congress. The memo is said to address international law, whether and when the U.S. military can be used to assist in a law-enforcement matter, and whether congressional authorization would be required.

At least 80 people were killed during the incursion to capture Mr. Maduro, including Venezuelan military personnel, civilians and Mr. Maduro’s Cuban bodyguards; several Americans were injured, though none fatally. The document reportedly opens with several pages on international law, quoting the U.N.

Charter and saying the operation raised international law concerns without offering a clear conclusion. It cites a 1989 OLC memo that asserted presidents have inherent constitutional power to send the F.B.I. abroad and that presidents are not constitutionally bound by ratified treaties, and it discusses at length the question of using American forces to assist in arrests on foreign soil.

Key Topics

Politics, Donald Trump, Venezuela, Nicolas Maduro, Justice Department, Olc