Dave Min’s Response to Maduro’s Capture is Absolutely BrainDead

7 Comments

Sorry for two posts early on a Saturday but pretty big breaking news.

As I reported earlier, the United States has essentially kidnapped Venezuelan President Nicolas Maduro. This is a VERY big deal.

So much so that I immediately got to work letting voters here in Orange County know exactly how I felt about it.

Put together a lengthy video and a thorough blog post analyzing the issue.

The long and short of it is that Trump had the constitutional authority to do what he did so I am going to back him, at least for now. If it turns out it was a mistake well Trump is going to have to answer for it. But we don’t know that yet and there’s no reason to assume he has screwed up just yet.

The guy who is currently in my seat–Dave Min–decided do a quick post on X (who uses X still btw?) Here’s what he said:

What the hell?

First of all, notice the guy’s posts barely get any views. My blog now has over 100,000 followers! And the Troutman For America YouTube channel is pushing 30k followers (my video from today already has over 1,200 views).

But Min gets like 200 views or less on his posts. Eesh.

Tough to be Min. No reach. No voice. No one really takes him seriously.

But with braindead posts like this one it is easy to see why.

He provides no meaningful analysis. Just asserts the constitution gives Congress the right to “authorize” war (actually it says “declare” war, but whatever.)

While that is true, the Constitution also makes the President the commander in chief of the armed forces with full authority to command them as he sees fit. And the war powers act makes it clear the president does not need to consult Congress AT ALL for 90 days in using that power.

In essence the president can do small scale stuff as he sees fit around the world, but only Congress can get the entire nation into a full out war with another country.

So Min is just dead wrong in suggesting Trump lacks the power to do what he did because Trump didn’t take America to war with Venezuela just engaged in a quick and dirty assault. Now there is a more nuance argument here that Trump launched the attack on the 92nd day after notifying Congress of a state of military action against Venezuela and so maybe he missed his deadline by 2 days– and that is worth exploring, but that is not what Min is saying here at all.

Of course that Trump has the authority to do what he did is different from the question of whether he should have done it. And there reasonable minds can differ. My point earlier today, however, is that no one should close the book on whether this was a good idea or a bad idea just yet– back the president for now and let’s see how it all turns out.

Oddly, however, Min seems to support the idea that Maduro was an “illegitimate leader.”

Huh?

First, calling Maduro illegitimate seems to justify the very action you are saying shouldn’t have happened. You are suggesting Trump was justified in taking action you were too afraid to take yourself. It suggests you will tolerate fraud and injustice around the world and makes Trump look like a superior leader.

This is exactly the sort of WEAK SOFT takes people are tired of. This is exactly why people think of Min as the WEAKEST democrat in Congress.

But more importantly NOBODY gets to say who is “legitimately” in charge of Venezuela except the people there. And EVERYBODY was treating Maduro as president down there. So guess what, he’s president.

I hate to see American politicians trying to say this leader or that leader isn’t “legitimate.” That is NOT our place. We don’t get to dictate who is the leader of what country and who isn’t (IMO at least.)

Regardless, Min’s bonehead post incorrectly suggests Trump lacks authority to do what he did have authority to do while simultaneously justifying an action Min thinks Trump shouldn’t have taken.

And this ladies and gentlemen is why we need capable intelligent leaders in Congress. This is just an embarrassment.

Time to get smart folk.

Troutman is the answer.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric J. Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 250 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

7 Comments

  1. The ignorance and political rhetoric that some are screaming is ridiculous. The President does not need congressional approval to apprehend Maduro. This is a law-enforcement action against an indicted foreign national, not a declaration of war. Article II authority, longstanding precedent, and Supreme Court rulings make this clear. Calling it “kidnapping” or saying Congress must approve it is legally incorrect political discomfort doesn’t change constitutional law. The U.S. has indicted him for narcoterrorism, does not recognize him as a legitimate head of state, and Supreme Court precedent allows extraterritorial apprehension for prosecution.

    Reply

  2. Ker-Frisbie doctrine and “male captus, bene detentus” supercede Min’s feelings about always being the bridesmaid and never the bride.

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  3. Trump cannot do whatever he wants So now America can go to any country in the world and kidnap president and that is considered ok you are all brain dead

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  4. Thanks, Eric. This is a very rational, thought out, and well-explained post on this situation. We need more facts and logic and less emotion in politics. Godspeed.

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  5. Yes Dave you and Putin are clearly upset about Venezuela’s sovereignty! Congress was updated as they always are – in a timely manner, but not too early so Sen. Schumer could leak information that would endanger our troops.

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  6. No different than El Chapo. Stop being blind to the good things Trump does just because you don’t belong to the same political party and have TDS.

    Trump does plenty of things to criticize this is not one of them.

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  7. Kidnap is an incorrect word for capture. This was legitimate, legal, necessary and needed for our own countries citizens that have been poisoned for the profit of this man and his regime. If you don’t get it…try harder.

    Reply

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