Ousted Venezuelan President Nicolas Maduro asked a U.S. federal judge in Manhattan to dismiss criminal drug trafficking charges against him, asserting absolute immunity as a sovereign head of state following his capture by U.S. forces in January.
The legal challenge, filed in a Manhattan district court by defense attorney Barry Pollack, seeks to halt an unprecedented prosecution that sets up a high-stakes test of international law in American courts. Maduro has pleaded not guilty and is held in a Brooklyn federal jail while awaiting a scheduled trial date of June 1, 2027, should his dismissal efforts fail.
Immunity Argument and Court Deadlines
U.S. District Judge Alvin Hellerstein had set a Wednesday deadline for the defense team to submit the dismissal motion. Maduro’s counsel argued that the court lacks jurisdiction over the former leader because sitting heads of state enjoy complete immunity from foreign criminal jurisdiction for actions tied to their official duties.
Pollack also noted in the court filing that Maduro vehemently denies the allegations brought against him by the Manhattan U.S. Attorney’s office. Prosecutors have until October 2 to file their response to the motion, and Judge Hellerstein scheduled a hearing to address the dismissal effort for November 17.
Precedent and the 1990 Noriega Case
Legal experts observe that Maduro faces a difficult path in convincing the court to drop the case. Washington stopped recognizing Maduro as Venezuela’s legitimate president in 2019 following a disputed 2018 election, and later labeled his 2024 reelection fraudulent. Maduro maintains that both electoral contests were fair and contends that Washington engineered his removal to seize control of the country’s extensive oil reserves.
American courts typically defer to the executive branch on questions involving the recognition of foreign leaders. Federal precedent offers little optimism for the defense, as demonstrated in 1990 when a Miami federal judge rejected an immunity claim from former Panamanian military leader Manuel Noriega, largely because Noriega never officially held the title of president.
Pollack sought to distinguish Maduro’s situation from the Noriega precedent in the defense filing, pointing out that the executive branch does not dispute that Maduro served as Venezuela’s head of state, but instead contends he lost legitimate standing after 2019.
Political Shifts and Interim Leadership in Caracas
Since U.S. forces abducted Maduro during a military raid in Caracas on January 3, his former vice president and political ally, Delcy Rodriguez, has governed Venezuela as interim leader. Rodriguez has overseen a marked shift in relations with Washington, culminating in an unprecedented agreement last month that will grant the U.S. control over approximately one-fifth of Venezuela’s oil reserves.
The defense filing argued that it is incongruous for Washington to recognize Rodriguez—who was originally appointed by Maduro—while refusing to recognize Maduro himself. Pollack cited public statements made by Rodriguez and other government officials in January and February acknowledging Maduro as the legitimate head of state, though Rodriguez’s administration has since ceased making such statements as some public murals of Maduro in Caracas have been painted over.
President Donald Trump addressed the political timeline in Venezuela by noting that the country is not yet prepared for elections.
