Maduro’s defense team asks US judge to dismiss charges, citing head-of-state immunity

Lawyers for Nicolas Maduro asked a US federal judge to dismiss criminal charges against the Venezuelan leader, arguing that he was protected by sovereign immunity as head of state.

The motion was filed Wednesday in Manhattan federal court by Maduro's lawyer Barry Pollack. He argued that international law protects foreign heads of state from criminal prosecution in US courts.

"No American court has ever presided over the criminal trial of a foreign leader" recognized by his own country as its sitting head of state when charges were brought, Pollack said in court papers.

The defense argued that the conduct underlying the indictment involved Maduro's official duties as Venezuela's president.

It maintains that he remained the de facto head of state when the charges were filed, despite Washington's decision not to recognize him as president in 2019.

US authorities indicted Maduro in 2020 on drug trafficking and narco-terrorism charges. Prosecutors accuse him and other Venezuelan officials of conspiring to traffic cocaine into the US and using state institutions to facilitate drug trafficking.

Maduro and his wife, Cilia Flores, were captured by US forces in Caracas in January and taken to New York.

Both are detained at the Metropolitan Detention Center in Brooklyn and have pleaded not guilty to charges, including drug trafficking, money laundering and corruption.

The immunity argument faces significant legal hurdles. US courts have rejected similar claims by foreign leaders, including former Panamanian ruler Manuel Noriega, who was prosecuted after being captured by US forces in 1989.

US prosecutors are expected to respond to the motion by Oct. 2. Judge Alvin Hellerstein has scheduled oral arguments for Nov. 17.

Maduro's lawyers have also said they would challenge the legality of his capture and transfer to the US. Wednesday's motion does not address that issue, which the defense could raise later as the case progresses.