White House Deputy Chief of Staff and Homeland Security Advisor Stephen Miller, CIA Director John Ratcliffe, U.S. Secretary of State Marco Rubio, U.S. Secretary of War Pete Hegseth and Chairman of the Joint Chiefs of Staff Dan Caine listen as U.S. President Donald Trump addresses the media during a news conference at his Mar-a-Lago club on January 03, 2026, in Palm Beach, Florida. (Photo by Joe Raedle/Getty Images)
Press Release
Capture of Venezuelan President Raises Urgent Constitutional Questions
POGO warns that the capture of Venezuelan President Nicolás Maduro without congressional approval violates constitutional war powers.
FOR IMMEDIATE RELEASE: January 3, 2026
MEDIA CONTACT: Tim Farnsworth, [email protected]
Washington, D.C. — In response to the White House’s decision to authorize ground attacks in Venezuela, following weeks of illegal strikes on noncombatants in the Caribbean, David Janovsky, acting director of The Constitution Project at the Project on Government Oversight (POGO), issued the following statement:
“The president’s announcement today that the U.S. has conducted military strikes on facilities within Venezuela and captured President Nicolás Maduro and his wife marks an illegal escalation of military activity — one that certainly required congressional approval.
“Even as the administration attempts to characterize this operation as a law-enforcement action based on criminal charges against President Maduro, that framing does not override constitutional limits. The unilateral use of military force to seize a sitting foreign head of state — without congressional authorization, transparent legal justification, or clear protections for civilians — further collapses the distinction between law enforcement and warmaking, and sets a precedent that dangerously expands executive power.
“Under the Constitution, Congress alone has the power to authorize these types of military actions. The administration has continually ignored the law to issue violent and seemingly unprovoked attacks on noncombatants while failing to provide Congress a single legitimate justification for its actions.“Members of Congress must not cede yet another constitutional responsibility to the executive branch, especially as the administration threatens a major escalation of military action and American 'take over' of Venezuela. They must demand answers and prevent the president from leading us into an unsanctioned and unconstitutional war.”
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