Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Ousted Venezuelan president Nicolás Maduro is expected to appear Monday in the U.S. District Court of the Southern District of New York to face charges of narco-terrorism conspiracy, cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices. (Indictment.) (WaPo.) (NYT.)
After the Trump administration conducted a military raid in Venezuela to arrest its president, President Trump declared on Saturday that the United States plans to “run” Venezuela, a country of 30 million people, for an unspecified period of time. (NYT.) Secretary of State Marco Rubio appeared to walk back the president’s remarks during a televised interview on Sunday morning in which he stressed U.S. pressure on the Venezuelan government and stated, “it’s not running — it’s running policy.” Later that day, Trump asserted that the United States was “in charge” of the country. (NYT.)
As of Sunday evening, top Democratic lawmakers had yet to be briefed by the administration on its military action in Venezuela. (NYT.)
Congressional Democrats alleged that Secretary Rubio intentionally misled lawmakers in November by reassuring them that the administration did not intend to pursue regime change in Venezuela and telling them that the United States lacked the legal authority to invade the South American country and oust its president. Rubio denied the allegations, stating that the operation was not an invasion, but a “law enforcement operation.” (WaPo.)
The New York Times and The Washington Post reportedly knew of the secret U.S. military operation in Venezuela hours before it occurred but delayed publishing a report in the interest of national security. (Semafor.)
While the Trump administration cited drug trafficking and gang activity as justification for its capture of Maduro, American access to Venezuelan oil was a driving factor in the president’s decision to authorize the military operation. (NYT.)
The Wisconsin state judge who was convicted of obstructing federal agents attempting to arrest an undocumented immigrant has resigned from the bench. (NYT.) For background on the prosecution of Judge Hannah Dugan, see a priorRoundup.
President Trump is expected to tap Missouri Attorney General Andrew Bailey to serve as deputy director of the FBI alongside Dan Bongino. (Politico.)
New U.S. Postal Service guidelines advise that mail ballots may not be postmarked until they have been processed at a regional facility, often days after the voter deposits them in a mailbox. This means that a ballot that a voter mails on Election Day may be disqualified from the count under state laws that require a postmark as of that day. The USPS denied that this is a change in actual practice. (WaPo.)
Jack Goldsmith argued that the Venezuela invasion almost certainly violated the U.N. Charter but could nonetheless be defended under domestic law under a long line of executive branch precedents and legal opinions. (Executive Functions.)
Jonathan H. Adler argued that constraints on presidential use of force require legislative action, but today, “Congress is asleep at the switch.” (The Volokh Conspiracy.)
Steve Vladeck raised five questions in light of the Trump administration’s military operation in Venezuela. (One First.)
John Yoo argued that the Trump administration’s actions in Venezuela are constitutional. (The National Review.)
Nicholas Creel argued that the Bush administration’s capture and federal prosecution of Panama’s dictator Manuel Noriega in 1989 on drug trafficking charges squarely governs Maduro’s case. (WSJ.)
Ed Whelan took up four big questions about judicial appointments in 2026. (National Review.)
Aaron Klein criticized President Trump’s attacks on the Federal Reserve but argued that under the status quo, the central bank has abused its power to benefit the financial sector. (The Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.




