Nicolas Maduro Seeks Dismissal of US Drug Trafficking Charges Based on Sovereign Immunity
9 sources across 8 countries · 1 of them is linked to a state
Who reported this
- CNN Brasil
- Folha de S.Paulo
- Infobae
- Politico Europe
- South China Morning Post
- The Japan Times
- Al Jazeera
- Reuters
- Bloomberg
What the colours mean
- Left
- Centre-left
- Centre
- Centre-right
- Right
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Nicolas Maduro, the deposed leader of Venezuela, has asked a federal judge in New York to dismiss criminal drug trafficking charges against him. His legal team argues that he should be immune from prosecution because he is the head of a sovereign country. The motion was filed on Wednesday by lawyer Barry Pollack in the court of US District Judge Alvin Hellerstein.
Maduro was captured on January 3 during a US military operation in Caracas and is currently held at a federal detention center in Brooklyn. He has pleaded not guilty to the charges. If the request for dismissal is denied, his trial is scheduled to begin on June 1, 2027. His wife, Cilia Flores, was also captured during the January operation and faces criminal charges.
Pollack argues that the court lacks jurisdiction because sovereign heads of state enjoy absolute immunity and because the alleged criminal acts were performed in Maduro's official capacity. The defense claims that the prosecution violates long standing principles of international law. In a 60 page memo, the defense further argued that Maduro's status as the de facto head of state is sufficient for legal protection, regardless of whether the US government recognizes his legitimacy.
Legal experts suggest Maduro faces a difficult battle. The US government stopped recognizing Maduro as president in 2019, citing fraudulent elections in 2018 and 2024. US courts typically defer to the executive branch regarding the recognition of foreign leaders. One cited precedent is the 1990 case of Manuel Noriega, where a judge rejected a claim of head of state immunity.
Since Maduro's capture, his former vice president, Delcy Rodriguez, has led Venezuela. Reports indicate that Rodriguez has increased cooperation with the Trump administration, including a recent agreement that would allow the US to take control of approximately one fifth of Venezuela's oil reserves. The US prosecution is expected to respond to the dismissal request by October 2, with a hearing scheduled for November 17.
How each side framed it
- Centre-left
- These outlets highlighted the nature of Maduro's capture as an abduction and noted the contradiction in the US recognizing Rodriguez while denying Maduro's legitimacy.
- Centre
- These outlets focused on the legal tension between international immunity and US judicial precedent.
- Centre-right
- These outlets emphasized the criminal nature of the charges, including narcoterrorism, and Maduro's status as an incarcerated leader.
Sources
- Centre-left Al Jazeera: Venezuela’s Maduro asserts immunity in US court, urges dismissal of charges
- Centre Bloomberg: Maduro Asks US Court to Dismiss Drug-Trafficking Prosecution
- Centre CNN Brasil: Maduro claims immunity and asks US judge to reject accusations
- Centre Folha de S.Paulo: Maduro's defense asks for dismissal of case in USA arguing that he is head of State
- Centre-right Infobae: Maduro asks to dismiss his criminal case opened in the US alleging sovereign immunity
- Centre Politico Europe: Nicolas Maduro is trying to get his ‘unprecedented’ indictment tossed out of court
- Centre Reuters: Venezuela's Maduro asserts immunity, urges US judge to dismiss charges - Reuters
- Centre-right South China Morning Post: Venezuela’s Maduro seeks dismissal of US charges, citing immunity
- Centre The Japan Times: Venezuela’s Maduro asserts immunity, urges U.S. judge to dismiss charges
100% of the statements in this article were traced back to the source articles listed above.