Maduro's Arrest Rests On Strong Legal Footing: US Constitutional Expert (IANS Interview)

(MENAFN- IANS) Washington, Jan 7 (IANS) The United States acted within its constitutional and legal authority in arresting Venezuela's Nicolas Maduro, and challenges to the move are unlikely to succeed in US courts, according to Michael O'Neill, a senior legal and constitutional expert.

In an exclusive interview with IANS, O'Neill said the arrest of Maduro should be viewed as the lawful seizure of a criminal fugitive rather than the arrest of a foreign head of state, given Washington's long-standing position that Maduro is not Venezuela's legitimate leader.

“From a constitutional standpoint, the president has clear authority under Article II to ensure that the laws of the United States are faithfully executed,” O'Neill said, referring to President Donald Trump.“When a grand jury has issued an indictment against an individual like Nicolas Maduro, who is viewed by the United States as the head of a narco-terrorist organization, the obligation exists to apprehend that individual and bring him to justice.”

Maduro was indicted by US federal prosecutors in 2020 and now faces trial in the Southern District of New York. O'Neill noted that the legal position on Maduro's status is bipartisan, pointing out that the Biden administration also did not recognize him as Venezuela's legitimate president and had offered a $25 million bounty for information leading to his arrest.

“Maduro is not treated by the United States as a sovereign leader,” O'Neill said.“Rather, he is regarded as the head of a narco-terrorist organization, the Cartel de los Soles, engaged in large-scale drug trafficking and other serious crimes that directly affect US interests.”

Addressing questions about sovereignty and international precedent, O'Neill cited the 1989 US operation against Panamanian leader Manuel Noriega, whose conviction was later upheld by US courts.“This is not unprecedented,” he said.“The Noriega case is directly relevant, and courts rely heavily on precedent when assessing these issues.”

O'Neill said arguments based on sovereign immunity are unlikely to prevail.“Sovereign immunity generally applies to leaders who are recognized as legitimate heads of state,” he explained.“That recognition simply does not exist in Maduro's case, and courts are typically reluctant to override the executive branch's determinations in matters of foreign affairs.”

He added that while Maduro's legal team is expected to raise such defenses, the burden will fall on the former Venezuelan leader to prove he is entitled to them.“Judges are predisposed to defer to the US government's position on recognition,” O'Neill said.

On the use of military assets in the operation, O'Neill said such support was justified.“Using military resources to protect federal law enforcement officers executing a lawful arrest warrant is entirely appropriate,” he said, especially given the risks involved.

In response to a question, O'Neill said the case will proceed through the normal US criminal justice process.“Maduro will receive full due process,” he said.“He will have experienced counsel, access to evidence, and a jury trial.”

If convicted, O'Neill said Maduro could face decades in prison, similar to Noriega.“This will be a long legal process,” he said, noting that pretrial motions, trial proceedings, and appeals could stretch for years.

Despite broader geopolitical debate, O'Neill stressed that the core issue remains legal.“When you strip it down, this is about enforcing US criminal law against an individual indicted for serious crimes,” he said.“On that front, the government's case is on very solid ground.”

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