Maduro and Wife Request Dismissal of Drug Trafficking Charges Based on Sovereign Immunity

<p>Former Venezuelan leader Nicolás Maduro and his wife Cilia Flores filed a motion in federal court on Wednesday seeking to dismiss drug trafficking charges against them, citing claims of sovereign immunity, according to court documents.</p><p>The memorandum from Maduro's legal team states, "No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought. That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own."</p><p>The document further argues that this immunity is based on the equality and independence of sovereigns, asserting that the court lacks jurisdiction over Maduro, who is recognized as the head of state by Venezuela.</p><p>In January 2026, the United States Attorney's Office for the Southern District of New York unsealed a fourth superseding indictment against Maduro and Flores. The indictment charges Maduro with narco-terrorism conspiracy, and both Maduro and Flores with cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.</p><p>The indictment alleges that Maduro conspired with narco-terrorists from major cartels to import cocaine into the United States during his tenure as deputy in Venezuela's National Assembly and later as president.</p><p>Maduro's lawyers contend that sovereign immunity protects him from U.S. legal actions. They state, "The official character of these acts — such as issuing diplomatic passports, deploying the military, and announcing Venezuelan foreign policy — is apparent from the face of the Indictment. Because these actions were undertaken in his official capacity on behalf of a foreign sovereign, he may not be required to respond in this Court to the Indictment’s characterizations of his motives and intent in taking these actions."</p><p>The U.S. government declared Maduro an illegitimate president in 2019 following his victory in the disputed 2018 presidential election.</p><p>Additionally, Maduro's legal team argues that the indictment violates their due process rights. They assert that Maduro denies any involvement in drug trafficking or support for terrorism.</p><p>The motion to dismiss claims that the charges do not establish that Maduro's alleged crimes occurred in or were directed at the United States, thus failing to meet due process standards.</p><p>The document states, "The narcoterrorism statute, which was enacted in 2006 in connection with the reauthorization of the USA PATRIOT ACT, was intended to target foreign conduct. Recognizing that its power to police the rest of the world is not unlimited, Congress included a jurisdictional element that authorizes the use of the statute to prosecute foreign conduct under only five enumerated scenarios in which the foreign conduct is connected to the United States. Ignoring those parameters set by Congress, the Indictment fails — even by tracking the statutory language — to allege any basis for jurisdiction over the solely foreign conduct it alleges."</p><p>Maduro and Flores were apprehended during a military operation in January, titled Operation Absolute Resolve, where U.S. forces captured them in Caracas and extradited them to the United States for prosecution in New York federal court.</p><p>Maduro is scheduled to appear in court in November to present oral arguments in support of his motion to dismiss.</p><p>Fox News Digital reached out to Maduro and Flores' legal team and the Southern District of New York for further comment.</p>