No. of Recommendations: 4
Trump does not need congressional approval for this type of operation. Presidents, including Democratic presidents, have launched lethal attacks regularly against individuals. President Barack Obama killed an American citizen under this "kill list" policy. If Obama can vaporize an American citizen without even a criminal charge, Trump can capture a foreign citizen with a pending criminal indictment without prior congressional approval.
For those who want to try to argue the legalities of it all with a smokescreen, JT has you covered:
Noriega also argued that his capture violated the Treaty Providing for the Extradition of Criminals, May 25, 1904, United States of America-Republic of Panama, 34 Stat. 2851 ("U.S.-Panama Extradition Treaty"). The Supreme Court’s decision in United States v. Alvarez-Machain, 504 U.S. 655 (1992), however, was found to bar this argument. The issue was whether he was abducted to the United States with a superseding extradition treaty. The Eleventh Circuit held:
The article of the U.S.-Panama Extradition Treaty upon which Noriega relies for his extradition treaty claim contains almost the same language as the provision of the U.S.-Mexico Extradition Treaty at issue in Alvarez-Machain. See U.S.-Panama Extradition Treaty, art. 5 ("Neither of the contracting parties shall be bound to deliver up its own citizen or subject ․").
Under Alvarez-Machain, to prevail on an extradition treaty claim, a defendant must demonstrate, by reference to the express language of a treaty and/or the established practice thereunder, that the United States affirmatively agreed not to seize foreign nationals from the territory of its treaty partner. Noriega has not carried this burden, and therefore, his claim fails.
The Noriega case offers ample support for the Trump administration, which has had an outstanding arrest warrant for over five years. He is not viewed as the duly elected leader of Venezuela and has been tied to a criminal drug cartel.
