Maduro seeks dismissal of US drug charges

Ousted Venezuelan President Nicolas Maduro has asked a United States judge to dismiss criminal drug trafficking charges against him. His legal team filed a motion on Wednesday arguing he is immune from prosecution as a sovereign head of state.

His lawyer, Barry Pollack, petitioned District Judge Alvin Hellerstein in Manhattan to throw out the case. The motion tests whether US courts will apply international law principles of immunity to a criminal prosecution. The Venezuelan leader was taken into US custody on January 3 after a military raid authorized by President Donald Trump. He has pleaded not guilty and is held in a Brooklyn federal jail.

Legal argument for immunity

Pollack's central claim is that sitting heads of state enjoy absolute immunity from criminal jurisdiction abroad, a longstanding tenet of international law. He argued Judge Hellerstein lacks jurisdiction both because of this immunity and because the acts the defendant is accused of would have been part of his official duties. The lawyer added that his client was falsely accused and vehemently denies the allegations.

A spokesperson for the Manhattan US Attorney's office, which brought the charges, did not immediately respond to a request for comment. Judge Hellerstein had set the Wednesday deadline for the dismissal motion.

Precedent and political recognition

Legal experts cited by the Reuters news agency say the former president faces an uphill battle. US courts typically defer to the executive branch on questions of recognizing foreign leaders. Washington has not recognized him as Venezuela's legitimate president for years, citing disputed elections. The ousted leader maintains those votes were fair and accuses the US of seeking to control his country's oil.

Precedent offers little encouragement. In 1990, a federal judge rejected former Panamanian leader Manuel Noriega's attempt to assert head-of-state immunity, partly because he never officially held the title of president. Pollack argued his client's case is different because the US executive branch does not dispute he was Venezuela's head of state, but instead claims he did not occupy the position legitimately after 2019.

Venezuela's interim leadership

Since his abduction, his former vice president, Delcy Rodriguez, has run Venezuela as interim leader. She has increased cooperation with the Trump administration, culminating last month in a deal for the US to take over about one-fifth of Venezuela's oil reserves. Pollack called it incongruous for the US to recognize Rodriguez-who was appointed by the defendant-and not the defendant himself. He pointed to statements from Rodriguez's government in January and February that still considered him the legitimate head of state.

Rodriguez's government has since gone silent on the matter. Some murals of the former president in Caracas have been painted over in recent months. Prosecutors have until October 2 to respond to the dismissal motion. Judge Hellerstein will hold a hearing on the effort on November 17. The accused is scheduled to go on trial on June 1, 2027, if the case proceeds.