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Advisory Opinions

The Legality of U.S. Operations in Venezuela

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 6 January 2026

⏱️ 59 minutes

🧾️ Download transcript

Summary

David French is joined by David Lat to explore the legality of the Trump administration's arrest of Venezuelan President Nicolás Maduro and President Trump's recent loss at the Supreme Court over his mobilization of the National Guard. The Agenda:—Can we arrest foreign leaders?—Compliance with international law—The arrest of Manuel Antonio Noriega—Presidential authority and war powers—Trump v. Illinois—National Guard mobilization—The Court's relationship with Trump—Top legal stories of the year Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to advisory opinions and don't touch that dial. I'm not Sarah Isger. I'm her frequent guest, David French, sitting in the host chair for just a moment while Sarah is away. And I'm joined. I'm delighted to be joined by my friend, Scotus blog, original jurisdiction, all the accolades, David Latt.

0:40.4

It's the David and David show.

0:42.0

David, thanks so much for joining us today at Advisory Opinions.

0:46.1

Hey, thanks for having me, David.

0:47.2

It's always a pleasure.

0:48.2

It's been a while since we've had the David and David show.

0:50.6

I think, you know, it was literally since Sarah's maternity leave, I think.

0:57.3

Yes, I think that's right. I've popped in on an episode here or there, but not just with you.

1:02.7

I think often with Amy Howe and Sarah and Zach Shemtob and other guests. So yes, I think that's right.

1:10.6

And I mean, you picked a great time because we've got some. and Zach Shemtob and other guests. So yes, I think that's right.

1:13.1

And I mean, you picked a great time because we've got some pretty consequential stuff

1:17.6

to talk about right now.

1:19.8

You know, unless you have not been paying any attention at all

1:23.5

to anything, you're very well aware

1:26.4

that the United States entered Venezuelan territory over the

1:30.2

weekend, took the president of Venezuela and his wife exited the territory. Now there is the

1:36.4

vice president of Venezuela, now appears to be in charge. A host of legal issues raised by that

1:42.3

operation that we're going to work through. Also, right after,

1:45.9

right before the break, we got a decision in Trump v. Illinois. This is the National Guard

1:52.4

deployment case out of Illinois, the one rooted in the Chicago deployment. And it almost, almost merited an emergency pod, but it was just too close to the holidays.

...

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