Above photo: Venezuelan President Nicolás Maduro and his wife, National Assembly Deputy Cilia Flores, at a public event. EFE/file photo.
Cites Head-of-State Immunity.
The defense of the president of Venezuela, Nicolás Maduro, who remains incarcerated in a New York prison following his abduction by US military forces on January 3, requested the dismissal of the criminal case against him in the United States, citing his sovereign immunity as a sitting head of state.
President Maduro’s lawyer, Barry Pollack, submitted two motions to the court on Wednesday, September 2. The first motion intends to dismiss the entire accusation based on sovereign immunity, while the second, in case the first does not succeed, seeks to dismiss the charge of conspiracy for narco-terrorism.
The Trump administration repeatedly labeled President Maduro as the leader of the non-existent “Cartel of the Suns,” but the United States Department of Justice substantially modified its accusation and dismissed the claim that the “cartel” was a real criminal organization.
This modification was revealed in the January 6 hearing, shortly after the kidnapping of President Maduro and First Lady Cilia Flores, in which the president declared himself a prisoner of war and categorically rejected the charges against him, reaffirming his status as the head of state of the Bolivarian Republic of Venezuela.
Along with Flores, he was accused of alleged crimes related to drug trafficking and possession of automatic weapons.
In the second motion submitted by Pollack, the defense requests the withdrawal of the narcoterrorism charge, arguing that the court lacks jurisdiction and that the charge is not properly formulated according to US law.
The motion points out that the charge “intends to accuse a foreign citizen” for “exclusively foreign conduct without adequately alleging the jurisdictional element.” The motion adds that it does not establish the accused’s “intention to cause harm to the United States, its citizens, or its interests” and that “it is not within the authority of Congress to regulate.”
Regarding narco-terrorism, which is not classified in public international law, legal experts have warned that as part of the expansion of security-related vocabulary, amid processes of militarization and “securitization” promoted by Trump, it blurs legal boundaries for political or geopolitical purposes in order to legitimize the use of force against individuals, governments, or states.
After the motions are presented on Wednesday, the United States Attorney’s Office has until October 2 to respond.
The hearing to address these issues is scheduled for November 17, before the trial, which is currently set for June 2027.
