What is Donald Trump running away from so hard? Is it the fifth anniversary of his January 6 insurrection, which we will mark on Tuesday? It should be.
It could be Jack Smithโs newly released testimony, which is damning and damagingโand we havenโt even gotten the release date of Volume II of his special counsel report, due sometime in February unless Trump manages to hang it up in court. On balance, Congressman Jim Jordanโs โWeaponizationโ work is backfiring.
It could also be the Epstein Files. DOJ missed its reporting date to Congress over the weekend, and the full release of the files is still nowhere in sight.
Donald Trump has a lot to try to hide from. It could be all of the above, and itโs all closing in on him this week. In the past, he has always been able to delay or distract just long enough for the public to forget. But this week, the past seems to be catching up with the lame duck president.
That may be at least a partial explanation for Trumpโs strike on Venezuelaโdistract, distract, distract. Itโs a better explanation than Trump as a committed warrior against narcoterrorism. That one doesnโt work particularly well for Donald Trump, who pardoned Honduran ex-president Juan Orlando Hernรกndez, a man who former National Security Advisor Jake Sullivan said in our Substack Live on Sunday morning, โpersonally trafficked tons of cocaine into the United States and actually said at one point he wanted to shove cocaine up the noses of the gringos.โ When Trump pardoned Hernรกndez, he said, โIf somebody sells drugs in that country, that doesnโt mean you arrest the president and put him in jail for the rest of his life.โ As Jake pointed out, and I agree, โthe drugs excuse holds no water.โ
This week, weโll be watching Congressโand watching Trump watch Congress, which has been showing a few signs of life lately. I donโt want to oversell that, but this is definitely a week that warrants paying attention, particularly with the privileged War Powers Resolution I mentioned in last nightโs post coming to the Senate floor this week. The ball is in Congressโ court.
Article I, Section 8, Clause 11 of the Constitution gives Congress the power to declare war, as well as to โmake rules concerning captures on land and water.โ Presidents before and including Trump, as experts at the Brennan Center explain, have tried to claim some of that authority for themselves, using โoutdated and overstretched war authorizations like the 2001 and 2002 authorizations for use of military force.โ Multiple presidents have also โasserted an inherent authority to undertake airstrikes, raids, and other military interventions without prior congressional authorization. When Congress has authorized conflict, such as the War in Afghanistan and Iraq War, presidents have overread Congressโs approval and expanded U.S. military involvement into countries that Congress never contemplated. Compounding the problem, presidents often fail to give Congress the information it needs to oversee these conflicts.โ This is not a Trump problemโpresidents since at least George H.W. Bush have claimed a share of Congressโ power. But Trump, who is uniquely interested in amassing presidential power, has the potential to move on from Venezuela and keep going, if Congress doesnโt step in and assert itself.
Itโs possible for two things to be true at once: itโs possible that Maduro was a corrupt, dangerous leader and also, that our Constitution and the separation of powers demand preserving. Our country does not, and indeed cannot, remove every dangerous leader around the globe from office with in-country strikes. We could strengthen local populations with stability-enhancing programs like USAID (which the Trump administration, of course, has cut) to increase the ability of local populations to act on their own impulses. We can engage in vigorous law enforcement, like the prosecution of Hondurasโ former president. But we can do so without permitting our president to freelance as a warlord, especially one with dubious motives. So donโt buy into the false equivalency that says the smash and grab in Venezuela that resulted in Maduroโs arrest was a righteous exercise of the presidentโs power.
The constitutional prescription for fixing this problem of presidential overreach is Congress. New Jersey Senator Cory Booker had something to say about that over the weekend, in light of the Trump administrationโs strike on Venezuela.
Cory Booker@CoryBooker
Today, many leaders will rightly condemn President Donald Trumpโs unlawful and unjust actions in Venezuela, and I join them. But just as glaring, and far more damning, is Congressโ ongoing abdication of its constitutional duty. For almost a year now, the legislative branch has
4:40 PM ยท Jan 3, 2026ย ยทย 70.8Kย Views
415ย Repliesย ยทย 523ย Repostsย ยทย 1.93Kย Likes
โToday,โ he wrote, โmany leaders will rightly condemn President Donald Trumpโs unlawful and unjust actions in Venezuela, and I join them.
But then, Senator Booker put the blame precisely where it is due. He continued, โjust as glaring, and far more damning, is Congressโ ongoing abdication of its constitutional duty. For almost a year now, the legislative branch has failed to check a president who repeatedly violates his oath, disregards the law, and endangers American interests at home and abroad.โ
He called out the Republican-led Congress for choosing โspineless complicity over its sworn responsibilities.โ He condemned its inaction in the face of Signalgate, with Trumpโs โSecretary of Warโ Pete Hegseth escaping any censure for โthe reckless leaking of classified information that put American troops at risk.โ The senator also pointed to the โstunning absence of accountabilityโ for the administrationโs โillegal use of military force destroying vessels and killing people in the Caribbean and the Pacific without congressional authorization.โ
Booker cited a litany of Congressional failures:
No hearings.
No serious investigations.
No enforcement of checks and balances.
No accountability.
He called Congress cowardly and submissive.
We are long past due for someone to speak so plainly to the country about the Republican-led Congressโ failure to do its constitutional duty. The question is, who is listening, and will it lead to action this week? As my good friend Norm Eisen like to say, I am not optimistic, but I am hopeful.
Booker writes that โRepublicans in Congress own this corrosive collapse of our constitutional orderโ and that their submission to Trumpโs will โnow stands as one of the greatest dangers to our nation and to the global order America claims to defend.โ The fact that Maduro is โa brutal dictator who has committed grave abusesโ does not, Booker concludes, suspend the Constitution. And so, he drives home the point of what must come next:
- โThe Constitution is unambiguous: Congress has the power and responsibility to authorize the use of military force and declare war. Congress has a duty of oversight. Congress must serve as a check, not a rubber stamp, to the President.โ
- โWe face an authoritarian-minded president who acts with dangerous growing impunity. He has shown a willingness to defy court orders, violate the law, ignore congressional intent, and shred basic norms of decency and democracy. This pattern will continue unless the Article I branch of government, especially Republican congressional leadership, finds the courage to act.โ
- โWhat happened today [in Venezuela] is wrong. Congressional Republicans would say so immediately if a Democratic president had done the same. Their silence is surrender. And in that surrender lie the seeds of our democratic unraveling.โ
โEnough is enough,โ Booker concludes. With three years left in this administration, itโs time to stop the (constitutional) bleeding.
Senator Booker wrote at length at a time when many Americans have lost the will or the ability to take in an argument laid out like this. For some people, itโs easier to ignore common sense and stay in the fold of the cult. But Bookerโs words are well worth our time and well worth sharing with others. His argument is not subtle or nuanced, and itโs accessible to anyone who has taken a fourth-grade civics class: Congress should do its job, not Donald Trumpโs bidding. The future of the Republic depends upon it. They would demand it if a Democratic president had done what Donald Trump didโsomething that has been true over and over, but is all the more poignant with the anniversary of January 6 staring us in the face. Maybe Congress will remember what that day felt like and how they reacted. Maybe enough of them can muster some courageโif for no other reason than that the history books, and likely voters at the midterms, will condemn them if they donโt.
Make sure you share Senator Bookerโs message with your elected officials this week. They need to hear it. They need to know you heard it.
A final note: a development we wonโt be following this week, because it wonโt be happening, is the federal criminal trial of former FBI Director Jim Comey, which was slated to start on Monday. This trial will not take place because the case was dismissed, in a serious blow to the credibility of Pam Bondiโs Justice Department. There are, in fact, some guardrails that remain in place. And this year, weโre going to rebuild more of them. Get ready to vote.
Where you get your news and analysis is a choice. Iโm very appreciative that youโre here, with me, at Civil Discourse. Your subscriptions make it possible for me to devote the time and resources it takes to research and write the newsletter, and Iโm very grateful for all of you. This is what community looks like.
Weโre in this together,
Joyce