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The dilemma of the National Assembly

By Luis Manuel Aguana

"Consequently, this Supreme Court, EXHORTS the National Assembly to initiate the procedure that allows the constitutional transition of the Presidency of the Republic, in accordance with Articles 233 and 234 of the Constitution of the Bolivarian Republic of Venezuela." (Underlined our) (In Spanish Decision of the legitimate TSJ order to continue the criminal proceedings against Nicolás Maduro Moros, at

This was the exhortation that the Supreme Court of Justice legitimated by the Parliament, the only institution of popular representation in Venezuela recognized throughout the world, to proceed immediately to the appointment of a Transitional Government in Venezuela in accordance with the Constitution. Read well, the legitimate TSJ was very clear to the National Assembly: "initiate the procedure that allows the constitutional transition of the Presidency of the Republic."

Has the National Assembly initiated any procedure for the Constitutional transition of the Presidency of the Republic? Has the National Assembly summoned the Vice President of the Republic - regardless of whether the latter also meets the requirements for the office of President - to begin the transition process of the Maduro government to another legitimate and distinct government? Have the Deputies of the National Assembly debated what to do with the government in the face of the simultaneous lack of the President and the Vice President not foreseen in the Constitution?

The Directive of the National Assembly in a surprise communication to the legitimate TSJ on May 7, 2017, indicated that "the application of the constitutional article 233 was already made by this National Assembly when deciding that Nicolás Maduro abandoned the office of President of the Republic" (See Letter from the National Assembly to the Magistrates of the legitimate TSJ

While it is true that the Deputies DECLARED the Abandonment of the Office of Nicolás Maduro applying the constitutional Article 233, the truth is that they did not initiate any procedure that allows the constitutional transition of the presidency of the Republic, or at the time they made that declaration, nor now when they were formally required by the Magistrates of the legitimate TSJ as a result of a criminal trial against Maduro. Cleverly the honorable Members drained the bulk of facing the political decision that implies to assume that they have the responsibility before the Venezuelans to initiate that procedure.

But maybe we are dealing with a case of greater scope here. Who sent that communication to the legitimate TSJ? A Directive of the National Assembly composed of Deputies of dubious opposition qualification. It is no secret to anyone that the party that corresponds to the Presidency of that National Assembly (UNT) has been suspected on repeated occasions of protecting the regime. It is enough to remember which party the Deputies were that did not attend at the time of the appointment of the Rectors of the CNE (see

These absences resulted in the government through the TSJ then appointing the Rectors with all the electoral implications that this brought to Venezuela. And although these deputies were "sanctioned" by their party with suspension, there was always the reasoned doubt of the "little help" that UNT paid the regime very timely.

However, regardless of the well-founded suspicions that we Venezuelans have regarding this party, it remains to be seen whether all the opposition deputies in the National Assembly agree with this communication led by UNT, which is a departure between roosters and midnight. Do AD, PJ or VP agree to leave that as UNT and his companions have just left it in the National Assembly Directive, in an uncovered endorsement of the regime? We Venezuelans would love to know in an open vote in Parliament, who wants and who does not want Maduro to leave Miraflores. That's the real bottom line of the problem.

Undressing those who cover up for the regime from the National Assembly is an imperative from which the deputies cannot escape, even if the directive presided over by Omar Barboza wishes to protect the traitors, and to continue to enjoy a position that the people gave them, without responding to the very urgent needs that we Venezuelans present, and that would begin to be resolved with an immediate change of government.

I am well aware that not all Members of the National Assembly agree with the criterion of their directive. Already the so-called Fraction 16J requested the discussion of the decision of the legitimate TSJ and was arbitrarily rejected by the Directive of the National Assembly. No Member of Parliament can remain silent or indifferent in the face of this outrage and they must vote on this decision of their Board of Directors. That way we will at least know who of them is determined to promote change in our country at the risk of their own lives and property, and those of their families.

The judges of the legitimate Supreme Court of Justice are already paying with exile, imprisonment, raids and persecution of their families, the decision they took to work in exile to find a legitimate and constitutional solution to this government of criminals and terrorists, starting with the legitimate President of the Supreme Court, Miguel Ángel Martín. The deputies of the National Assembly owe them at least that support, without seeking legal subterfuge, by complying with the decisions that the legitimate magistrates are taking with a view to the recovery of the Republic.

In a last note he pointed out the term "political immolation" (see Political Immolation, at as is the case for the actions that correspond now to the Deputies of the National Assembly, because he pointed out that they still lacked the worst part, after authorizing the trial of Nicolás Maduro after the decision of the legitimate TSJ to prosecute him for Corruption and Money Laundering. And that part is not at all easy, and personally I didn't think they had the intentions to do that. That poor communication they sent proved that I was right, although I still hope that the legislative body can correct the mistake.

Being a deputy of the National Assembly at this fateful time in the country involves a sacrifice for the Venezuelan people. The judges of the legitimate Supreme Court are already playing their part in this sacrifice. It's not like it used to be in the democratic days of the country. And if those who ran for office expected otherwise, then they cheated themselves, as perhaps some of them are trying to cheat Venezuela out of that unfortunate communication.

In my opinion, the National Assembly is at a crossroads. Either they initiate the procedure for the constitutional transition, as the legitimate Supreme Court now exhorts them to do, exposing themselves to a closure and persecution for retaliation of the regime, or they will be closed and persecuted when the illegitimate Constituent decides to definitively annul them and pursue them once the electoral robbery of May 20 has taken place. At least now there is an opportunity to form a constitutional Emergency Government because they still exist as an institution, regardless of whether the regime abides by its decisions or not. Any government you appoint will be legitimate with all the national and international implications that this has.

Sir Winston Churchill rightly said: Whoever humiliates himself in order to avoid war is left with humiliation and war'. Messrs. Members of Parliament: don't humiliate yourselves to avoid war, you're going to have it just the same just because you're there. You won't be able to escape the judgment of history. It's time to finish the work that started with Maduro's trial authorization. Don't let Venezuela down...

Caracas, May 8, 2018


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