(NEW YORK) — Ousted Venezuelan President Nicolas Maduro and his wife Cilia Flores are set to return to a Manhattan courtroom on Thursday for a status conference that could determine the trajectory of the criminal case against them.
Maduro and Flores pleaded not guilty to federal charges including narco-terrorism during their first appearance in court in January, and their attorneys have since pushed to have the case dismissed over concerns that the Trump administration is blocking the Venezuelan government from paying their legal fees.
For more than a decade, Maduro enjoyed an opulent life as Venezuela’s president, living in the neoclassical palace in Caracas and accruing a net worth reportedly in the millions. He allegedly owned multiple mansions, two private jets, millions in jewelry and cash, a horse farm, and a fleet of luxury vehicles.
But as he awaits trial in a Brooklyn jail cell, the ousted head of state is now pushing to have his case dismissed by arguing he doesn’t have enough money to pay for his own legal defense — and his lawyers argue his due process rights will be violated if Venezuela is unable to pay for his lawyers because of U.S. sanctions on the country.
“I understand that the government of Venezuela is prepared to fund my legal defense and it is my expectation that it will,” Maduro said in a sworn declaration. “I have relied on this expectation and cannot afford to pay for my own legal defense.”
As the Trump administration gradually warms relations with Venezuela, Thursday’s hearing marks the second time that the ousted Venezuelan leader has appeared in a United States courtroom since special operations forces captured him in Caracas in January.
During the status conference on Thursday, U.S. District Judge Alvin Hellerstein is expected to hear from both sides about how the case will progress toward a trial, including what pre-trial motions the defense plans to make and how much evidence has been turned over by prosecutors.
In a move that triggered an international outcry, Maduro was captured and brought to the U.S. in January after the United States carried out what President Trump described as a “large scale strike” in the Venezuelan capital.
Maduro’s attorneys seek dismissal
Last month, attorneys for Maduro and Flores asked the court to dismiss the indictment after the Department of Treasury Office of Foreign Assets Control (OLFAC) restricted the ability for Venezuela to pay for their legal fees.
Defense lawyers argue that the couple’s Sixth Amendment and due process rights would be violated if Venezuela is unable to financially support Maduro, who Venezuelan interim president Delcy Rodriguez says is still “the legitimate president” of the country.
“The conduct of the United States government not only undermines Mr. Maduro’s rights but also this Court’s mandate to provide a fair trial to all defendants who come before it in accordance with the protections afforded by the U.S. Constitution,” Maduro’s attorney Barry Pollack said in a motion last month.
Prosecutors with the U.S. Attorney’s Office for the Southern District of New York have pushed back on the request, arguing that Maduro and Flores are still allowed to access their own money to pay for their legal defense. While the Treasury Department initially allowed Venezuela to pay for their legal defense, prosecutors said the authorization was an “administrative error” and denied that the decision to change the terms of their license was targeted.
“OFAC’s Longstanding sanctions regime predated the initiation of the criminal charges the defendants now face and was instituted for purposes completely separate from the criminal charges currently pending before this Court,” defense lawyers said. “The defendants’ attempts to portray OFAC’s sanctions as a targeted attack on the defendants and their rights are misleading and undermined by the facts and chronology of this case and OFAC’s independent decision-making.”
Defense attorneys expressed skepticism about that argument by highlighting that the Trump administration has recently issued multiple licenses to allow the export of Venezuelan oil and other goods despite the existing sanctions.
“There is no apparent reason why the use of Venezuelan funds to pay for the legal defense in this case jeopardizes national security and the government offers none,” defense attorneys said. “The national security emergency rationale that the government invokes, without explaining, has even less force now that the government has normalized relations with the government of Venezuela and recognized the current Venezuelan government.”
While the issue is fully briefed, the judge could opt to set a separate hearing on the motion.
‘I am innocent,” Maduro told the court
Maduro’s last appearance in federal court came just days after he was captured in Venezuela by U.S. special operations forces and transported to New York to face criminal charges.
After Judge Hellerstein summarized the charges against him, Maduro told the court through an interpreter that he is “the president of Venezuela” and that he was “captured at home in Caracas, Venezuela.”
“I am innocent. I am not guilty. I am a decent man. I am still president of my country,” Maduro said to enter his plea.
Flores similarly pleaded not guilty after being informed of the charges against her and her rights. Their attorneys did not ask for bail or their release, though Judge Hellerstein said he would be open to reviewing a bail application in the future. In the meantime, the former heads of state have been detained at the federal detention center in Brooklyn.
As he was escorted out of the courtroom, Maduro responded to a member of the public seated in court who shouted at him in Spanish to say in part, “You will pay in the name of Venezuela.”
“I am the elected president. I am a prisoner of war. I will be free,” Maduro responded.
Maduro’s defense?
During his arraignment in January, Maduro’s attorney signaled that they will likely argue that Maduro should be protected from prosecution as a head of state.
“He is the head of a sovereign state,” said Pollack, added that there are “issues about the legality of his military abduction.”
Maduro’s lawyers have not yet filed any motions based on that argument, instead focusing on concerns about his due process rights after the Treasury Department cut off Venezuela’ s ability to pay for Maduro’s legal defense.
According to ABC News Legal Contributor James Sample, Maduro’s lawyers could attempt to argue that he is protected by “head of state immunity,” which is a principle of international law that the leaders of other countries are shielded from the jurisdiction of other country’s criminal courts.
“They will be arguing that because he was the head of essentially a sister sovereign of another nation, and he was doing those things in that nation, that the United States courts lack the jurisdiction, which is simply to say the power to hold him criminally accountable,” Sample said. “Whether a U.S. court will embrace that defense or not is a different matter, but it is not a frivolous argument.”
Former Panamanian strongman Manuel Noriega, who was never elected president, unsuccessfully attempted to use head-of-state immunity when he was tried in the U.S. on drug smuggling charges in 1991, but a federal appeals court concluding he “never served as the constitutional leader of Panama.”
What prosecutors allege
The Department of Justice initially brought an indictment against Maduro and 14 other Venezuelan officials in March of 2020, arguing they committed narco-terrorism by conspiring with drug cartels to allow the flow of cocaine into the United States.
Nearly six years later, prosecutors filed a new indictment charging Maduro, Flores, Maduro’s son, and three others with narco-terrorism conspiracy, cocaine importation conspiracy and weapons offenses.
“Nicolas Maduro Moros, the defendant, now sits atop a corrupt, illegitimate government that, for decades, has leveraged government power to protect and promote illegal activity, including drug trafficking,” the indictment said.
Prosecutors alleged that Maduro allowed “cocaine-fueled corruption to flourish for his own benefit,” including by providing diplomatic cover to drug traffickers and money launderers. Maduro has pleaded not guilty and denies being involved in drug trafficking.
“[Maduro] is at the forefront of that corruption and has partnered with his co-conspirators to use his illegally obtained authority and the institutions he corroded to transport thousands of tons of cocaine to the United States,” the indictment said.
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