Was Nicolas Maduro Capture Legal? Federal Defense Attorney Josh Kolsrud Breaks It Down With Fox 10 News

Josh Kolsrud on International Law: “More Theory Than Reality”

Josh Kolsrud opens by cutting straight to the point on international law, calling it largely ineffective due to the lack of any real enforcement mechanism. In his view, global politics operate less on written rules and more on power dynamics between nations. Strong countries act, weaker countries react. Because of this imbalance, Josh explains that international law is unlikely to stop or meaningfully challenge the U.S. action against Nicolas Maduro. From a practical standpoint, he believes any international legal challenge would go nowhere.

• International law lacks enforcement power

• Global disputes often come down to military and political strength

• No realistic international consequences for the U.S. in this scenario

Domestic Law & Extradition: Why “It Depends”

Turning to U.S. domestic law, Josh emphasizes that legality hinges on extradition treaties and historical precedent. The U.S. does have a 1928 extradition treaty with Venezuela, which normally requires a formal legal process. However, Josh explains that exceptions exist—especially when the U.S. does not recognize the foreign leader as legitimate. He points to the capture of Panamanian leader Manuel Noriega as a key comparison, noting that courts ruled the extradition treaty unenforceable because Noriega was not recognized as the lawful head of state.

• U.S.–Venezuela extradition treaty exists

• Treaties may not apply if the leader isn’t recognized as legitimate

• Courts have upheld similar actions in the past

Why Maduro Is Treated Differently

Josh concludes by explaining that U.S. policy toward Maduro has been clear for years. Since disputed elections in 2019 and allegations of violent repression, the U.S. has refused to recognize Maduro as Venezuela’s lawful president. This non-recognition, combined with a long-standing federal doctrine that courts don’t care how a defendant arrives—only that they do—makes prosecution possible. Josh also highlights the $25 million U.S. reward for Maduro’s capture as proof that this wasn’t a sudden or rogue operation, but established policy.

• U.S. does not recognize Maduro as the lawful president

• Long-standing policy supports his capture

• Federal courts typically ignore the method of apprehension

Josh Kolsrud’s analysis makes one thing clear: while controversial, the capture of Maduro fits squarely within existing U.S. legal precedent.