Ousted Venezuelan President Nicolas Maduro has requested a United States judge to dismiss criminal drug trafficking charges against him, asserting that he should be immune from prosecution as the head of a sovereign nation. Maduro's lawyer, Barry Pollack, made this appeal in a Manhattan district court on Wednesday.
Pollack has petitioned District Judge Alvin Hellerstein to dismiss the case, which will examine the application of international law in US criminal proceedings. Maduro was taken into custody on January 3 after a military operation authorized by then-President Donald Trump in Caracas. He has pleaded not guilty and is scheduled for trial on June 1, 2027, if his dismissal motion is not successful.
The principle of immunity for sitting heads of state is a long-standing aspect of international law, crucial for diplomatic relations. Judge Hellerstein had set a deadline for Pollack to file the motion to dismiss. Pollack contends that Hellerstein lacks jurisdiction, asserting that sovereign heads of state have complete immunity and that the actions Maduro is accused of were part of his official duties.
Pollack stated, "This unprecedented prosecution violates the absolute immunity from criminal jurisdiction to which heads of state and foreign officials acting in their official capacities have been entitled for hundreds of years." He also mentioned that Maduro vehemently denies the allegations against him.
A spokesperson for the Manhattan US Attorney’s office, which filed the charges, did not respond immediately to a request for comment. Legal experts have indicated to Reuters that Maduro may face significant challenges. The US has not recognized Maduro as Venezuela’s president for several years due to disputed elections, and courts typically defer to the US president and his cabinet regarding the recognition of foreign leaders.
Cases involving foreign heads of state in US courts are rare, and historical precedent does not favor Maduro. In 1990, a federal judge in Miami denied former Panamanian leader Manuel Noriega's claim of head-of-state immunity, partly because he did not officially hold the title of president. The US ceased recognizing Maduro in 2019 after he was inaugurated for a second term following a 2018 election that critics deemed fraudulent. Maduro maintains that both elections were legitimate and accuses the US of attempting to oust him to control Venezuela's oil resources.
Pollack argued that the US's view of Maduro's legitimacy is irrelevant, stating, "Unlike in Noriega, the Executive Branch does not dispute that Mr. Maduro was Venezuela’s head of state, but instead merely claims that, after 2019, he did not occupy that position legitimately."
Since Maduro's detention, his former vice president and ally, Delcy Rodriguez, has been acting as Venezuela's interim leader and has increased cooperation with the Trump administration. Recently, the US and Venezuela reached a deal allowing the US to manage approximately one-fifth of Venezuela’s oil reserves. Pollack noted the inconsistency in the US recognizing Rodriguez, appointed by Maduro, while not recognizing Maduro himself. He referenced statements from Rodriguez and her government affirming Maduro's status as the legitimate head of state, although her government has since refrained from commenting on the issue.
Prosecutors have until October 2 to respond to Maduro’s motion to dismiss the indictment, and a hearing on this matter is scheduled for November 17.