Lawyers for detained former Venezuelan President Nicolas Maduro have filed a motion in a Manhattan federal court to dismiss criminal drug trafficking charges against him, arguing that he is immune from prosecution as a sitting head of state. Attorney Barry Pollack submitted the request to District Judge Alvin Hellerstein on Wednesday, setting the stage for a legal battle over the application of international law in US courts.
Maduro was abducted and imprisoned on January 3 after President Donald Trump authorized a military raid in Caracas. The former leader, held in a Brooklyn federal jail, has pleaded not guilty. His trial is scheduled for June 1, 2027, unless the dismissal motion succeeds.
Pollack argued that the prosecution is "unprecedented" and violates the "absolute immunity from criminal jurisdiction" that heads of state have enjoyed for centuries. He also stated that Maduro "vehemently denies" the allegations and is falsely accused. The Manhattan US Attorney's office, which brought the charges, declined to comment.
Legal experts suggest Maduro faces an uphill battle. Washington has not recognized him as Venezuela's president since 2019 due to disputed elections. Courts typically defer to the executive branch's recognition of foreign leaders. Precedent offers little hope: in 1990, a judge rejected Manuel Noriega's immunity claim, partly because he never held the official title of president.
Pollack, however, contends that unlike Noriega, the US does not dispute that Maduro was Venezuela's head of state, but merely claims his post-2019 tenure was illegitimate. He also pointed out the "incongruity" of the US recognizing Delcy Rodriguez, Maduro's former vice president and interim leader, who was appointed by him. Rodriguez has increased cooperation with the Trump administration, including a recent deal granting the US control over about one-fifth of Venezuela's oil reserves.
The court has given prosecutors until October 2 to respond, with a hearing set for November 17. The case tests the willingness of US courts to uphold head-of-state immunity in criminal matters, amid ongoing political tensions between Washington and Caracas.
Source: www.aljazeera.com