New York — On Wednesday, former Venezuelan President Nicolás Maduro and his spouse sought to have a federal judge dismiss the drug trafficking charges against them, citing their immunity as the leader and first lady of a foreign nation.
In legal documents submitted to a federal court in Manhattan, Maduro’s attorneys contended that the law mandates the rejection of the indictment, asserting that charges cannot be instituted against a foreign head of state.
“No American court has ever conducted a criminal trial of a foreign leader recognized by their own country as the current head of state at the time the charges were filed,” the legal representatives stated. “This is not a coincidence; it is rooted in a principle that predates common law: heads of state are shielded from criminal proceedings in all national courts except their own.”
Maduro, aged 63, and his wife, Cilia Flores, aged 69, are slated to stand trial for drug trafficking on June 1. Judge Alvin K. Hellerstein has scheduled oral arguments for November 17 regarding motions to dismiss the case.
Maduro and Flores have been detained in a Brooklyn jail since U.S. authorities captured them during a nighttime raid at their residence in Caracas in early January and transported them to New York.
In additional filings on Wednesday, Flores’ legal team argued that she also possesses immunity from U.S. prosecution based on sovereign immunity principles.
“This is an aspect of Venezuela’s sovereignty, and only Venezuela has the authority to waive it,” her lawyers noted.
Moreover, Maduro’s attorneys asserted that even if he were not entitled to sovereign immunity as a head of state, the charges against him should still be dismissed due to conduct-based sovereign immunity.
Additionally, they emphasized that Maduro “strongly denies the accusations against him.”
“Should this case proceed to trial, it would become clear that he has been wrongfully accused,” they stated.
Both Maduro and Flores have pleaded not guilty in a case initially filed six years ago involving various alleged accomplices. They could face life sentences if a jury determines they were involved in a conspiracy to transport cocaine into the United States.
Federal prosecutors are expected to respond to these arguments later this month.
The Trump administration had characterized the operation to apprehend Maduro as a “surgical law enforcement operation.” Maduro has claimed he is a prisoner of war, labeling his capture as a kidnapping.
According to U.S. prosecutors, Maduro orchestrated a scheme to smuggle thousands of tons of cocaine into the U.S. by colluding with Venezuelan law enforcement to assist drug traffickers.
Despite the charges, Maduro has expressed defiance. On Sunday, he shared images of himself from prison on social media, declaring that he was “standing firm.”
“I send these photos as a small gift to all my grandchildren, to the children, and to all the noble people who support us,” he wrote.
“I want you to know that we remain steadfast, our hearts filled with your love, which reaches us as prayers, constant action, solidarity, and true support. Thank you infinitely for every word, gesture, and blessing,” he continued.
On the Telegram messaging platform, he added, “We will stay strong, calm, and assured: God is with us. God will provide. Venezuela will rise again,” as reported by the French news agency AFP.
