Josh Kolsrud Breaks Down Legality Of Nicolas Maduro Capture On News 3

Defense attorney Josh Kolsrud explained that the capture of Venezuelan President Nicolas Maduro by U.S. forces, while extraordinary, is likely legal under existing U.S. precedent. He pointed to the 1989 apprehension of Panamanian leader Manuel Noriega, noting that American courts rejected claims of sovereign immunity in that case. According to Kolsrud, that history makes it difficult for Maduro to successfully argue that his status as a former head of state shields him from prosecution in the United States.

"the capture of Venezuelan President Nicolas Maduro by U.S. forces, while extraordinary, is likely legal under existing U.S. precedent."

 

Kolsrud also outlined the seriousness of the criminal case now facing Maduro. He noted that prosecutors in the Southern District of New York are relying on U.S. narco-terrorism statutes, which expose Maduro—and his wife, who faces similar charges—to potential life sentences. From a defense perspective, Kolsrud expects arguments centered on lack of intent, claims that subordinates were responsible, and renewed assertions of head-of-state immunity, though he suggested these defenses face significant legal challenges.

Broader Global Implications

Beyond the courtroom, Kolsrud discussed the broader global implications of the operation. He believes the capture sends a strong deterrent message to rival powers such as China and Russia about U.S. resolve in the Western Hemisphere. At the same time, he cautioned that it could be cited by other nations as justification for their own military actions. Personally, Kolsrud said he was initially surprised by the news but ultimately felt proud of the U.S. military for executing a complex mission without American casualties and bringing Maduro to the U.S. to face prosecution with due process.

Key Takeaways

• The capture of Maduro likely falls within established U.S. legal precedent
• Narco-terrorism charges could result in life sentences for Maduro and his wife
• Defense strategies may focus on intent and immunity, but face steep odds
• The operation sends a global deterrent message, with potential geopolitical consequences
• Kolsrud praised the U.S. military’s execution and lack of casualties