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The Oath and The Office

Trump's Illegal Attack on Venezuela: Congress Must Step In + Jack Smith’s Testimony

The Oath and The Office

Corey Brettschneider

Government, News, Politics

4.9591 Ratings

🗓️ 8 January 2026

⏱️ 51 minutes

🧾️ Download transcript

Summary

In this episode of The Oath and The Office, Corey Brettschneider (Brown University Professor and author) and John Fugelsang dive into Trump’s illegal military action in Venezuela, exposing how it violates Congress' constitutional power to declare war. We discuss why this unilateral attack is unlawful and the steps Congress must take to push back, including retroactively condemning the invasion and revoking future military authorizations. Plus, we break down key takeaways from Jack Smith’s testimony before the House Judiciary Committee, shedding light on the ongoing investigations into Trump. Tune in for a critical constitutional analysis of executive overreach and the legal challenges ahead, only on The Oath and The Office.

Transcript

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0:00.0

Welcome to the Oath in the Office podcast, coming to you live from America, where the entire world now knows our president has had at least three dementia tests that he can remember.

0:19.3

I'm John Fuglesang, joined as always by the star of

0:22.1

The Oath in the Office podcast, a professor and author of the book, The Oath in the Office,

0:27.1

a guide to the Constitution for future presidents, Corey Brett Schneider. Cori, sorry, it's a slow news

0:32.5

week. Welcome back. Yeah. Wow. I mean, you know, when we started this show, I was pretty confident that every week we would have some constitutional crisis to talk about. But, you know, it could have been the odds were against it, but it could have been that. You know, humble, also constitutional challenges. They're not all crises, right? Some of them are just constitutional challenges that more competent generations could deal with.

0:55.3

I mean, I don't even know where to begin. Friday night, after I got off the air on Sirius XM, Donald Trump finally illegally invaded Venezuela while we were asleep, which I thought was rude professor.

1:06.8

If you're going to start a war, have the decency to do it during normal business hours, like a proper sociopath.

1:12.4

Monday, this week in New York, Maduro pled not guilty to charges of narco-terrorism conspiracy and other alleged crimes on his first day in U.S. federal court.

1:22.4

Turns out the indictment against him and his wife is a little flimsy rests very heavily on a meeting his wife

1:28.7

had before he was ever president. But Donald Trump is treating it as a win. He began

1:35.0

bragging about this on his website, that he bombed Venezuela, kidnapped the president,

1:39.7

float him out of the country. Corey, I have no doubt this will turn out every bit as smoothly as Libya

1:45.7

and Iraq and Afghanistan and Haiti and Honduras. And we have to say this again, Maduro's a bad guy.

1:52.3

He's corrupt. He's brutal. He's violent. He's very anti-democratic. But I mean, I think the

1:56.9

problem is Trump didn't overthrow a dictator. He may have officially become one. The administration

2:02.8

insists the raid was not an act of war, but a law enforcement action to apprehend an indicted

2:09.1

criminal, which is what they should have said the Afghanistan war was. I mean, I think Molly Ivan said

2:14.4

Korea was a war. They called a police action action and war on terror was a police action.

2:19.5

They called a war.

2:20.5

But under the U.S. Constitution, let's just go to the basics.

2:24.1

I know we haven't legally declared war in this country since 1941.

2:28.4

Who has the power to initiate war and how narrow are the exceptions?

...

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