On Fri, Jan 16, 2026 at 11:07 AM National Security Archive <[email protected]>
wrote:

> 1989 Legal Memos Said President Had “Inherent Constitutional Authority” to
> Act Unilaterally and “Contravene Customary International
> Law” ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
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> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
>
> Imperial Prerogative: How the Panama Invasion and the “Barr Doctrine” Set
> the Stage for the Maduro “Snatch” Operation
>
> <https://default.salsalabs.org/Taa2b4836-0568-4320-abb0-694b5d431882/12238b38-d371-4bc9-b2b2-ab5a3bdb144f>
> 1989 legal memos said President had “inherent constitutional authority” to
> act unilaterally and “contravene customary international law” CIA warned
> that Noriega could produce “credible new evidence...that would incriminate
> US government officials in the Iran-Contra affair”
>
> *Washington, D.C., January 16, 2026* - The Justice Department official
> who wrote the legal opinion determining that President Donald Trump had the
> constitutional authority to “unilaterally order” the “extraordinary
> rendition” of Venezuelan President Nicolás Maduro relied heavily on secret
> legal architecture authored 36 years ago by William P. Barr to justify the
> U.S. invasion of Panama, according to declassified documents uncovered by
> the National Security Archive. These include secret White House memos,
> highly classified intelligence reports, and sensitive legal opinions
> recently discovered among the George H. W. Bush presidential papers and
> that were published today for the first time by the Archive.
>
> In 1989, Barr, who was then Assistant Attorney General for the Office of
> Legal Counsel (OLC), wrote at least five legal opinions—at least two of
> which remain classified—related to U.S. efforts to remove Panamanian
> strongman Manuel Noriega from power. Chief among them was a finding that
> the President had the “inherent constitutional authority” to arrest
> individuals abroad “even if those actions contravene customary
> international law” and “even if they contravene unexecuted treaties or
> treaty provisions, such as Article 2(4) of the United Nations Charter,”
> which bars threats and use of force among member states except in
> self-defense. Barr later served as U.S. Attorney General during Trump’s
> first term and authorized the original U.S. indictment of Maduro in 2020.
>
> On December 23, 2025, Assistant Attorney General T. Elliot Gaiser cited
> two of those Barr opinions, posted today by the Archive, in determining
> that the President can use the military for law enforcement purposes
> without regard to international law and without congressional
> authorization. While the Gaiser opinion is heavily redacted, context
> suggests that he also relied on a third, still classified, opinion, also
> written by Barr in 1989, in determining that the inadvertent killing of a
> head of state during a rendition operation does not carry a significant
> legal risk.
>
> In this Electronic Briefing Book, National Security Archive research
> fellow Dr. Arturo Jimenez-Bacardi takes a detailed look at the U.S.
> decision-making process in the runup to the 1989 U.S. invasion of Panama,
> focusing on Barr’s pivotal 1989 legal opinions, arguing that they should be
> understood as the “Barr Doctrine.” According to the author, Barr’s opinions
> justifying the removal of Noriega established a comprehensive, secret legal
> framework asserting the President’s unfettered ability to conduct foreign
> policy unilaterally, including through military force, covert action, and
> in law enforcement operations.
>
> Other declassified highlights from today’s posting include:
>
> • A March 1988 CIA intelligence assessment warning that Noriega might
> react to U.S. sanctions by providing “credible new evidence to the US media
> or Special Prosecutor Walsh that would incriminate US government officials
> in the Iran-Contra affair.”
>
> • The addenda to a still classified March 1989 policy paper on Panama that
> proposed a “snatch” operation to get rid of Noriega and concluded that,
> while it was certain to provoke criticism in Latin America and
> internationally, that any outcry was “likely to abate quickly” if the
> operation succeeded.
>
> • The minutes of a National Security Council meeting held six months prior
> to the invasion, in which a frustrated President Bush approved escalatory
> actions to bait Noriega: “The only option he [Bush] could see is more U.S.
> actions and hope that there would be some other thing happening to get this
> man out.”
>
> • A June OLC opinion in which Barr argued that the President has the
> constitutional authority to “deploy the FBI to investigate and arrest
> individuals for violating United States law, even if those actions
> contravene customary international law” or the UN Charter.
>
> • A fully unredacted essay published in Studies in Intelligence by CIA
> lawyer Jonathan Fredman that sheds light on a still classified 1989 OLC
> opinion in which Barr argued that the ban on assassinations did not
> preclude U.S. government personnel from supporting a coup against a
> repressive foreign government even if the death of the head of state was
> likely.
>

https://nsarchive.gwu.edu/briefing-book/2026-01-16/imperial-prerogative-how-panama-invasion-and-barr-doctrine-set-stage



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