By Luis Manuel Aguana
No one could dispute that one of the most serious and significant political problems facing Venezuela today is the fact that Delcy Eloína Rodríguez Gómez remains in the presidency of the Republic. One could even argue that resolving this single issue alone would allow for substantial progress in addressing the other problems plaguing Venezuelans.
The open, manifest, and unconstitutional illegitimacy of the person currently holding the highest office is a blatant affront to any Venezuelan possessing even a modicum of public decency. How can someone who was neither elected nor appointed through a legitimate, constitutional process continue to hold office long after the deadline for calling elections has passed? Where are the country’s institutions? The situation regarding Delcy Rodríguez serves as clear, tangible proof of the urgent need for a major institutional overhaul in Venezuela.
The open secret that her tenure relies on recognition by the United States is nothing short of a slap in the face to the country's sovereignty. And I do not say this out of jingoism. The fact that the hemispheric power has decided for us who holds the presidency unnecessarily inflames anti-American sentiment within the country—despite the general gratitude toward the U.S. for removing Maduro on drug-trafficking charges on January 3rd.
In my view, the US made a mistake in the assessment it should have conducted when it supported the continuity of the Maduro government—through his vice president—after Nicolás Maduro Moros was removed. That error led to the next one: continuing to support her presidency beyond the 180-day constitutional period following the extraction of the head of the *Cartel de los Soles*.
However, the greatest error—the one that broke the camel's back—was the signing of the so-called "oil agreement" with the Rodríguez regime. This drags the US even deeper into the mistake of keeping that regime in power, as it underestimates the domestic and international backlash against a deal brokered by a criminal wanted in Europe for money laundering.
On one hand, the US signs an equity participation agreement with a company owned by an international criminal; on the other, a usurper of power grants an oil concession to that same company without the legitimacy to do so. She has neither the technical nor the legal authority to sign anything whatsoever on behalf of Venezuela, because she is NOT the president—neither interim nor permanent. So, how could such an arrangement hold up in the long run? What serious corporation would put its money into that deal?
Therefore, the only way out of this disaster is for Venezuelans to secure legitimate representation capable of signing concession agreements—not only with US companies but with those from any other country. And that will not be achieved until the illegitimacy of the Republic's presidency is resolved.
But how can legitimate representation for Venezuelans be achieved overnight—and Delcy Rodríguez adequately replaced—with the institutional support of the US?
If the US insists on continuing to support Delcy Rodríguez, the situation in Venezuela is unlikely to improve. Not a single economic variable will move in a positive direction if the bet is placed on the continuation of the Maduro regime—nor will the much-desired investments resulting from an unsustainable "oil agreement" materialize. The country's political situation will persist or deteriorate, as no capital will flow into a place lacking legal certainty or the rule of law—not to mention the fact that doing business there would mean dealing with a country whose authorities disregard agreements and trample on the human rights of their population.
However, if the US were to adjust its policy toward Venezuela—seeking a settlement that involves renegotiating with legitimate authorities, including the "oil agreement"—the situation could change substantially. Yet, there are few available options for restoring legitimacy to the presidency: a) immediate elections; b) the appointment of a new government through judicial channels; or c) US recognition of the July 28, 2024, elections. Let us examine each one individually:
Immediate elections
That's what political sectors have been shouting since July 3rd, when the 180-day period stipulated by the Constitution expired, demanding the immediate and complete removal of Nicolás Maduro Moros from power. But that didn't happen, and Delcy Rodríguez remained in Miraflores Palace with US military support. In fact, that's the crux of the matter.
US spokespeople, and even President Trump himself, have repeatedly insisted that Venezuelans must wait until "the conditions are right." Even Dinorah Figuera, the president of the National Assembly in 2015, has stated that "Delcy Rodríguez must remain in power to establish guarantees and be able to hold elections" (see in Spanish Figuera's statements in https://www.costadelsolfm.org/2026/09/hay-que-mantener-a-delcy-rodriguez-en-el-poder-para-construir-garantias-y-poder-hacer-elecciones-esa-es-la-tesis-de-dinorah-figuera/). And the question remains: what are those conditions?
Elections could be held “NOW,” as some Venezuelan political sectors are demanding. The CNE's machines and Jorge Rodríguez's automated voting system are still there for anyone who wants to use them, and the regime would love for us to do so. But is that what we want? Let's look at the implications.
A group of Venezuelans has repeatedly pointed out the need to “intervene in the National Electoral Council, prior to any future election, to guarantee genuine elections in Venezuela.” An Electoral System Intervention Board must be appointed, with sufficient and extraordinary powers to intervene in all the bodies and technical components that have an impact on the electoral system we currently have in Venezuela (see Electoral Intervention: Guarantee of Sovereignty, in https://ticsddhh.blogspot.com/p/electoral-intervention-guarantee-of.html).
This technical roadmap establishes that participating in elections under the current regime's electoral structure is not an option. The proposed path is founded on the following pillars of restoring sovereignty:
- Replacement and Organizational Independence:** Dismantle the current coercive electoral system and completely replace the National Electoral Council (CNE) authorities with a technical, impartial, and non-partisan body—re-established with arbitration and technical assistance from the international community—while fully restructuring the country's electoral laws and regulations.
- Audit and Purge of the Electoral Registry:** Conduct a genuine census of the Civil and Electoral Registry (covering SAIME-registered Venezuelans and the CNE Electoral Registry) for citizens both inside and outside the country, guaranteeing the right to vote for the entire Venezuelan diaspora without administrative hurdles or political conditions.
- Manual System and Verifiable Transparency:** Eliminate the "black box" of the compromised electronic voting system and return to manual voting featuring public scrutiny, a vote-by-vote count at the close of each polling station, and verification of voter rolls, utilizing automated transmission and tallying systems that are fully auditable and subject to public tender.
- Guarantees of Political Freedom and Fair Campaigning:** Immediate cessation of arbitrary political disqualifications, total freedom of the press, and an end to the misuse of public resources to coerce the electorate.
Only by refounding the electoral system can the constitutional order be restored and elections guaranteed that yield results which are fully auditable and internationally recognized.
Yet, this has not even been publicly acknowledged in the negotiations held so far between the two National Assemblies; their sole concern has been the potential—and undated—appointment of new electoral board members, while disregarding the importance of dismantling the core structure upon which the regime's authoritarian power has rested for nearly 30 years. Without carrying out the aforementioned tasks, no election could be held immediately without running the extremely high risk of perpetuating the Delcy Rodríguez regime.
Appointment of a new government through judicial means
This path would be possible with a completely new, legitimate, and impartial Supreme Court of Justice (TSJ). But what was ultimately negotiated between the two Assemblies—the one under the "Rodrigo regime" and the 2015 Assembly—is a nominations committee that includes political parties, contrary to what Article 270 of the Constitution establishes: "Academics, jurists, and members of NGOs have warned that the committee should not include legislators, as established by Article 270 of the Constitution, which states that the committee is an advisory body to the National Assembly, made up of members of civil society. However, the Organic Law of the TSJ, since 2004, has mandated the participation of the deputies with the majority to appoint the magistrates to this committee, even though it is the legislators who choose them in the plenary session of the Chamber" (see in Spanish Chavista National Assembly approves reform of Article 65 of the Organic Law of the TSJ, in https://elpitazo.net/politica/asamblea-nacional-chavista-aprueba-reforma-del-articulo-65-de-la-ley-organica-del-tsj/).
To top off this “negotiated” decision, Jorge Rodríguez emphasized that “it will be that Chamber that selects the magistrates of Venezuela’s highest court”, thereby clarifying that the choice would not emerge from the dialogue table, but rather from the body controlled by Chavismo. How about that? In other words, it will be the regime—ONCE AGAIN—that selects the individuals who will make up the “new” Supreme Tribunal of Justice (TSJ). Some negotiation, backed by the approval of the United States...
How could this new deception of the public be avoided, after the country was assured that things would be different in Venezuela with a new Judiciary? I can tell you quickly: The US should recognize the magistrates who were LEGITIMATELY APPOINTED IN 2017 FOR A 12-YEAR TERM BY THE 2015 NATIONAL ASSEMBLY—WHILE IT WAS FULLY FUNCTIONAL—AND WHO WERE PERSECUTED BY THE REGIME AND ARE CURRENTLY OUTSIDE VENEZUELA.
These magistrates can and must return to the country to assume their posts, which remain valid until 2029. It could be said without a doubt that they constitute the ONLY LEGITIMATE POWER CURRENTLY IN EFFECT IN VENEZUELA.
If the US recognizes those magistrates, that NEW High Court could IMMEDIATELY appoint a Transitional Government Junta to take charge of the Executive Branch. I highly doubt the “Rodríguez clique” would raise objections to such recognition. I have said it before: “Where the tiger roars, there is no room for a donkey with rheumatism.” And these “donkeys” are already under duress. The 23 legitimate magistrates currently abroad could be the key to the LEGITIMATE replacement of Delcy Rodríguez, paving the way for a fundamental overhaul of the country’s flawed electoral system and the proper holding of free, fair, and verifiable elections.
U.S. recognition of the June 28, 2024 elections
This would be a fast-track option that, albeit belated, could prove effective. Edmundo González Urrutia (EGU) was elected President of the Republic on July 28, 2024. The election was stolen from him, and he fled the country. Why didn't the US install him to replace Nicolás Maduro Moros after the latter's removal—as it did with Guillermo Endara in Panama in 1989? Because the opposition's ineptitude is as vast as the universe—to quote Einstein. EGU should have taken the oath of office on January 10, 2025, as mandated by the Constitution. There was no room for political excuses or alternative interpretations; he was under a CONSTITUTIONAL OBLIGATION to do so, even if he was not physically in the country.
Subsequently, EGU "renounced" a presidency he had never formally assumed, yet the public perception remains that he is the true, legitimate president of the Venezuelan people. All that remains is to politically ratify that status.
Compounding the blunder of failing to take the oath of office was another: the rift between the opposition led by María Corina Machado (MCM) and the Trump administration—to the point where the latter refused to recognize the results from the Venezuelan electoral tally sheets (from July 28, 2024) that had been deposited with the Central Bank of Panama.
If this stance were to change for any reason, it would have to come about through negotiations between MCM and the US. These negotiations would need to prioritize addressing Delcy Rodríguez’s invalid "oil agreement," thereby transforming Trump’s current failure into a commercial, diplomatic, and political success ahead of the midterm elections. MCM could become Vice President of the Republic tomorrow if the US recognizes EGU as President. The US would then serve as the armed guarantor of EGU’s government pending a thorough restructuring of the Armed Forces.
All three options are on the table. It is up to true political leaders to decide what to do with them. But what is certainly unacceptable is remaining in the limbo of doing nothing and hoping things will sort themselves out. That generally doesn't happen...
Caracas, September 16, 2026
Blog: TIC’s & Derechos Humanos, https://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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