Jonathan Hullihan, Commander in the U.S. Navy’s Judge Advocate General's Corps Reserves and attorney specializing in national security law, joined NTD to discuss the Venezuela situation. He said the Commander in Chief has the burden of striking when American lives are at risk, saying in response to drug trafficking and illegal immigrants, the president has to move. -- 📺 Watch NTD News 24/7 on cable, broadcast, and streaming: https://www.ntd.com/watch
President Trump announcing the airspace
around Venezuela should be considered
closed. Joining us to discuss is
Jonathan Hulahan. He's a commander in
the US Navy's Judge Advocate General's
Cors Reserves. He's a veteran of both
the Iraq and Afghanistan combat theaters
and a designated expert in international
national security and operational law.
So Jonathan, always great to have you
join us. Um I just have to ask you this.
Does the United States have the legal
authority to declare another sovereign
nation's airspace closed?
>> Well, I think it's uh first of all uh
any anything I say on the program
doesn't reflect the DoD or uh it's in my
personal capacity. So, based on my
previous experience, but yeah, to
declare that airspace closed, it's
really more of a deconliction matter.
And there's increased operations
obviously in the airspace. there may be
more intelligence gathering activities,
more military planes. So, it's really a
deconlicting of the airspace. So, it
it's normal whenever uh countries are
deconlicting airspace for increased
operations.
>> And you know, Jonathan, um FBI director
Cash Patel also talked about this this
topic. I actually have a clip from an
interview that we did, our sister media
did, the Epoch Times. Uh can you take a
look at this? the drug trafficking
organizations say down in Mexico and
Colombia and Venezuela and elsewhere are
dealing the guys that are making the
fentinel. We know where they are. We
know who they are. We know how they do
it.
>> So it seems like the US knows a lot
about the drug operations in Venezuela.
Um can you just talk about in your
perspective how do you see potential
strikes playing out?
>> Well, I think they've laid the road map
publicly, right? You have the FTO
designation, foreign terrorist
organization designation through the
state department. So that allows you to
not only sanction and for financial
issues and sanction individuals but also
to conduct military strikes on those uh
designated narot terrorists. So for that
specific designation it's going to be
more based on status based on those
individuals based on the intelligence
they have that link those individuals uh
to that FTO designation and the
naroterrorism activities.
And of course, Trump said there could be
land action in Venezuela, right? What is
the legal criteria for conducting
military operations inside another
sovereign country?
>> Well, certainly uh there's going to be
that would be more in the classified
space. You're going to have the
president dealing um with probably would
be other agencies that would would deal
with that. There would be a presidential
finding, whatnot. Um, and that would be
very
operations that wouldn't be so public.
So, in that context, if there were
ground operations, it'd be very
surgical. It would be very succinct. Uh,
but I would I would assume a lot of it
would be um, you know, targets with air
strikes uh, with maybe a very small
contingent force. Again, I don't know if
that's actually going to occur, if that
would occur. I don't have any
intelligence to suggest that. It could
be just posturing as well to let them
know, the Venezuelans know, hey, we're
serious about this cartel threat, this
FTO threat, the narot terrorists that
are that reside in your country that are
conducting operations that are affecting
the American public. Uh, and it's coming
across our border. Fentanyl, as you
said, I mean, it's killed hundreds of
thousands of Americans. It's a very
deadly uh synthetic opioid that has
killed hundreds of thousands of
Americans in an open border. So, they've
closed the border. Now, there's the
maritime threat. They're addressing that
maritime threat. And if if if they're
not able to address the maritime threat,
they're going to seek to strike targets
their infrastructure, their command and
control nodes within Venezuela.
>> I mean, Jonathan, are we in un uncharted
territory here? Has there been a
president for US actions such as this?
whether we're talking about, you know,
drug boat strikes, uh, military buildup,
or potential land action.
Well, I mean, if you look at the Obama
years, uh, you had strikes all all over,
you know, you you had them all over the
Middle East, drone strikes that were,
uh, in sovereign nations based on
statusbased targets, whether the
al-Qaeda or other ISIS affiliated
terrorist organizations. Yeah, there's
certainly precedent for this. You know,
they called them the drone wars back in
the day. It was when the strikes started
getting approved in third countries. It
was outside of the traditional battle
space. And look, let's look at this
realistically. This is not traditional
warfare. This is not um armed conflict
with uniform nations. This is non-
international armed conflict uh with
belligerents that have taken up arms or
otherwise conducted military activity,
naroterrorist activity against the
United States. So there is a precedent
for this. It's just uh not what people
need your listeners need to understand
is that the the same lines of effort
that go with the terrorist activities
are also with the drug trade, the
naroterrorist activities, human
smuggling, human trafficking, all of
these lines of effort are similar. So
just because it's not an al-Qaeda
affiliated group taking up arms against
the United States doesn't mean it's not
a a clear and present danger or threat
to the United States, our our
population, our citizens or our
property. So President Trump has a duty
and responsibility as commander-in-chief
under article 2 to conduct military
operations to protect the American
people. Now I understand Congress has a
role that can congress is going to do
what Congress does. they're going to
provide oversight, but at the end of the
day, uh, you know, the president has to
strike when American lives are at risk.
So, so it's it's it's the burden of
command, the burden of being the
president, the burden of being
commander-in-chief is to to take these
things serious and and strike and make
sure American lives are protected. So,
yes, it there's precedent in the Middle
East and now there's precedent uh in the
Caribbean. And if they take that step
further and strike within designated FTO
targets within Venezuela, I'm sure
there's going to be demarsh actions.
There's going to be all sorts of
diplomatic uh issues that go up to the
UN. But at the end of the day, the
United States has inherent right right
of self-defense and that includes uh
persons property and our citizens.
>> Okay, Jonathan. Um, I just have one more
thing I'm wondering here. And you
brought up al Qaeda, which is a
terrorist organization, and the Trump
administration last week formally
designated Maduro and his allies of his
government as members of a foreign
terrorist organization. So, I I'm I'm
wondering what tools does this open up?
Uh, could this move give the US expanded
military options for striking inside
Venezuela, for example?
>> Well, it opens up several tools. Uh like
I said, a lot of the tools are designed
for sanctions uh to sanction that
activity. We've done that in Russia.
We've done it across the Middle East.
We've done it in Iran. We've sanctioned
banks. Uh we've sanctioned financial
institutions that have done business.
You you've heard about these snapback
sanctions. Uh where anybody that does
third party sanctions, anybody that does
business with them. So, it could open up
a whole toolkit of financial um
incentives for those that do business in
Venezuela not to do business in
Venezuela. It also makes them
targetable. Uh it makes them statusbased
targets uh if if the president or the
chain of command authorizes those
strikes. So, it opens up that toolkit.
It also opens up u something that I
haven't heard a lot of people talk about
but if they're designated as FTO's uh
and you're smuggling drugs now you can
be prosecuted under the material support
statute if you're uh providing support
to these networks you can now be
prosecuted under uh 18 USC section 223b
I think it is the the bravo section so
it opens up also a way to prosecute
people so it opens opens up multiple
tools uh through diplomacy, financial
means, through sanctions, through the
Department of Treasury, through the
military, and also through the
Department of Justice. So, it really is
a whole of government approach to stop
this narotist activity.
>> Well, all right. Great insight,
Jonathan, today. Always great to speak
with you. Thank you.
>> Thanks, Don. Appreciate it.