White House Pursues New Legal Authority for Strikes Inside Venezuela After Telling Congress Current Campaign Doesn’t Allow It

Trump administration officials told lawmakers in a classified briefing that the government does not currently have legal authority to launch military strikes inside Venezuela, according to a new CNN report. Officials also acknowledged the administration is now seeking a new Justice Department opinion that could allow such attacks without congressional approval.

According to the news site, Secretary of State Marco Rubio, Defense Secretary Pete Hegseth, and an official from the Office of Legal Counsel (OLC) informed lawmakers that the existing OLC opinion—written to justify strikes against suspected drug-trafficking boats in international waters—does not apply to land targets in Venezuela or elsewhere in the region.

The “execute order” that authorized the maritime campaign beginning in September also does not extend to land-based operations.

Officials told lawmakers they are pursuing a separate legal opinion that would provide a justification for attacking land targets without seeking congressional authorization, though no final decision has been made, CNN noted. One U.S. official said policy could shift rapidly, commenting that “what is true one day may very well not be the next,” noting that President Trump has not decided how he will handle the Venezuelan regime.

The U.S. military has escalated tensions in the region, deploying significant naval assets—including the Ford Carrier Strike Group—to the Caribbean. Officials said the buildup is intended to support counternarcotics operations and intelligence collection, not pre-positioning for strikes on Venezuelan territory.

To date, U.S. forces have conducted at least 16 strikes on suspected narcotrafficking vessels in the Caribbean and eastern Pacific, killing at least 67 people.

Some lawmakers questioned the reliance on lethal force including Senate Intelligence Committee Chair Mark Warner who said interdiction could provide evidence of trafficking, while House Foreign Affairs Committee ranking member Gregory Meeks said he heard “nothing” during the briefing to convince him the strikes are legal.

A separate Military.com report published Wednesday noted bipartisan calls for greater transparency, including demands for full-senate briefings. Senate Democratic leader Chuck Schumer said the information provided was not sufficient, adding that “we need a lot more answers.” .

Several Democrats said the administration has sidestepped Congress and raised concern that it has declared cartel members unlawful combatants that can be targeted like terrorists. Supporters in the meantime, argued the operations are justified, with Senate Foreign Relations Chair Jim Risch asserting he was “fully satisfied” with the administration’s explanation.