Nicolas Maduro asked a judge in New York to throw out a criminal case against him, arguing that he's immune to prosecution in the US as the head of a sovereign country.
“This court lacks jurisdiction with respect to Mr. Maduro, who is recognized by the Bolivarian Republic of Venezuela as its head of state,” Maduro's legal team argued in a court filing Wednesday seeking dismissal of drug-trafficking and narco-terrorism charges.
Federal prosecutors in New York alleged that Maduro and others partnered with groups designated by the US as foreign terrorist organizations and that he sought to enrich himself while holding positions in Venezuela's government for more than a quarter century. If convicted he could spend the rest of his life in prison.
The first images of Maduro since his capture surfaced on his social media accounts over the weekend. A small group of supporters also demonstrated in Caracas on Saturday to demand his release.
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Prosecutors didn't immediately respond to a request for comment on Maduro's filing.
Maduro, 63, was seized by the US military in a Jan. 3 raid on Venezuela and transported to New York, where he faces charges that he was a key player in a broad conspiracy to traffic cocaine into the country. Maduro's wife, Cilia Flores, 69, is also charged.
Maduro and Flores have both pleaded not guilty and are being held without bail in a federal lockup in Brooklyn, New York. Trial is set for June 2027.
The ousted leader's filing comes days after the Trump administration and Venezuela announced a major oil agreement that gives the US control over some 65 billion barrels of Venezuelan crude. Critics of acting President Delcy Rodríguez have questioned whether she has the authority to enter into such an agreement, adding significance to the question of who formally holds the presidency.
In January, Maduro's lawyer told the judge he anticipated submitting “voluminous and complicated” court filings to dismiss charges or to limit the evidence the government can use to prove the case. From the start, Maduro's lawyer, Barry Pollack, has said that Maduro is immune from prosecution.
Maduro argues that he, like other national leaders, is not subject to prosecution in other countries.
His lawyers pointed to what they described as a contradiction in the US position toward Venezuela's government. They argued that Washington has recognized Rodríguez as acting president and resumed diplomatic relations with Venezuela, even though her authority stems from Maduro's 2018 and 2024 elections, which the US has deemed illegitimate.
“Heads of state are exempt from the criminal process of any national court but their own,” his team said in the filing. “That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns.”
Maduro's lawyers also argue that his actions constituted official acts on behalf of Venezuela and are exempt from prosecution.
Flores separately asked that the case against her should be thrown out, claiming Maduro's head-of-state immunity extends to protect her as well.
Maduro also asked the judge to throw out a count of narcoterrorism conspiracy on the ground that the charged crime lacks a connection to the US and is therefore outside the jurisdiction of its courts.
Maduro asked in February to have the charges dismissed when the US Treasury Department blocked his lawyers from getting payment from Venezuela to fund his defense based on sanctions against Maduro and his country. Maduro dropped the argument when the department's Office of Foreign Assets Control issued licenses to permit the payments.
US District Judge Alvin Hellerstein, who's overseeing the case, is set to hear argument on Maduro's motion in November.
The Trump administration's seizure of Maduro and his wife marked a new aggressive approach to foreign policy, which was shortly followed by the US going to war with Iran. Rodríguez, who was Maduro's No. 2, criticized the capture but has won praise from Trump for opening up the nation's oil industry to US investment.
President Donald Trump in 2019 withdrew US recognition of Maduro as leader of Venezuela and cut off diplomatic ties after a disputed reelection in the South American nation. In the indictment against Maduro unsealed in January, the US called Maduro “the de facto but illegitimate ruler of the country.” Maduro's status in Venezuela is less clear.
Maduro's lawyers argue that the indictment itself acknowledges he exercised the powers of the presidency and other official positions and remained, at minimum, Venezuela's de facto head of state, despite the US government's decision not to recognize him as the country's legitimate leader.
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A January court ruling declared Maduro temporarily absent and put Rodríguez in charge as acting president, but the initial 90-day period expired in early April without authorities publicly announcing an extension.
Venezuela's constitution allows the temporary absence to be extended for another 90 days before the National Assembly must decide whether to declare a permanent vacancy, which would clear the way for presidential elections to be called within 30 days.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
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