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Ousted Venezuelan President Nicolas Maduro is seeking to have drug trafficking charges against him dismissed, arguing he is immune from prosecution as a foreign head of state. Detained by U.S. forces during a raid on Caracas in January, Maduro has been held in a federal jail in Brooklyn. On Wednesday (September 2), his lawyer, Barry Pollack, urged a federal judge in New York to dismiss the charges, asserting that prosecuting a sitting head of state violates international law.
Maduro, who has pleaded not guilty, is scheduled to go on trial on June 1, 2027. His legal team contends that the charges infringe on the principle of sovereign immunity, a longstanding tenet of international law. Pollack argued that the acts Maduro is accused of were part of his official duties and that the U.S. courts lack jurisdiction.
The U.S. stopped recognizing Maduro as Venezuela's president in 2019, following disputed elections. This complicates his immunity claim, as U.S. courts often defer to the executive branch on matters of foreign recognition. Legal experts suggest Maduro faces significant challenges, as similar cases have historically not favored defendants like him.
Maduro's wife, Cilia Flores, also detained during the raid, has filed for dismissal on similar grounds. Both maintain their innocence, with their legal team arguing that the charges are politically motivated. The U.S. government, under President Donald Trump, has defended the raid as a necessary law enforcement operation.
Prosecutors have until October 2 to respond to the motion, with a hearing scheduled for November 17. If the case proceeds, Maduro and Flores could face life sentences if convicted.