NEW YORK – Nicolás Maduro, the former Venezuelan leader, faced his first court appearance in the United States recently, a dramatic event in which he defiantly asserted his continued presidency over Venezuela. This marks the start of what could be a prolonged legal battle, potentially keeping him out of power and behind bars for a significant period, possibly for life.
Maduro, alongside his wife, Cilia Flores, appeared in court on Monday, facing drug trafficking charges. This comes after a surprising nighttime operation by U.S. forces, which led to their capture from their home in Caracas. Both Maduro and Flores entered pleas of not guilty during the proceedings.
The Trump administration has labeled the operation a “surgical law enforcement mission,” aimed at bringing Maduro to justice in a case that U.S. prosecutors initiated six years ago. However, in the courtroom, Maduro characterized the situation as a kidnapping, asserting his status as a prisoner of war.
As Venezuela grapples with the international repercussions of these events, Maduro and Flores remain detained in New York City, a significant distance from their homeland, approximately 2,100 miles away. Their subsequent court appearance is set for March 17.
So, what lies ahead in this legal saga?
The next step involves the process of requesting bail.
It is a long shot, but Maduro, 63, and Flores, 69, can ask the judge to release them on bail, which would allow them to await trial at a location other than jail. Neither defendant made that request on Monday, but their lawyers suggested they might in the future.
The judge, Alvin Hellerstein, told the lawyers he will welcome requests for bail “whenever, and as often you think it appropriate.” But that doesn’t mean he would agree to let Maduro and Flores out.
Both are charged with serious offenses that could carry life sentences, and prosecutors could argue they are flight risks — meaning they may try to leave the country to avoid prosecution if they are freed. Maduro is accused of narco-terrorism conspiracy. He and his wife are accused of being part of a conspiracy to import cocaine into the U.S. and possessing machine guns.
Judges rarely grant bail in such cases. Manuel Noriega was not granted bail after the U.S. accused him of drug trafficking, invaded Panama and removed him as that country’s leader in 1989. Sometimes defendants don’t even ask. Lawyers for the recently pardoned former president of Honduras, Juan Orlando Hernandez, never sought bail when he was charged in the U.S. with drug trafficking. Nor did lawyers for Joaquín Guzmán, the drug lord known as “El Chapo,” when he was brought to the U.S from Mexico.
Getting Flores treated for ‘significant injuries’
Flores’ lawyer, Mark Donnelly, said she sustained “significant injuries” during her capture and needs an X-ray and medical evaluation because she may have a fracture or severe bruising on her ribs. She appeared in court with bandages on her forehead and over her temple and eyelid.
Maduro’s lawyer, Barry Pollack, told the judge Maduro has “health and medical issues that will require attention” while he is detained. He did not specify what those issues are. The judge told both lawyers to work with prosecutors to ensure Flores and Maduro receive the proper care.
The federal jail where Flores and Maduro are being held, the Metropolitan Detention Center, has a medical unit with examination rooms and a dental suite. But the jail has also been accused of botching treatment, including missed cancer diagnoses.
A consular visit
Non-citizens charged with crimes in the U.S. are legally entitled to get a visit from consular officials from their home country.
Speaking in Spanish through an interpreter, Maduro told the judge he and Flores would like such a visit.
But it is unclear exactly what that will entail or what will be available to Maduro after he ordered the closure of the Venezuelan embassy and consulates in the U.S. in early 2019. A message seeking comment was left by The Associated Press for Venezuela’s still-open mission to the United Nations.
Maduro may need the meetings, though, in part to ensure that his legal bills can be paid. Maduro and Flores have been under U.S. sanctions for years, making it illegal for any American to take money from them without securing a license from the Treasury Department.
Hellerstein instructed prosecutors to work with Maduro and Flores’ lawyers to assure they “can represent their clients zealously and fully.”
On Tuesday, Maduro expanded his legal team, adding Bruce Fein, a constitutional and international law specialist who served as the assistant deputy U.S. attorney general under President Ronald Reagan.
‘Substantial’ challenges to the legality of the case
Pollack promised “substantial” challenges to the validity of Maduro’s indictment and noted there were complicated legal issues to confront.
“Mr. Maduro is the head of a sovereign state and is entitled to the privileges and immunities that go with that office,” Pollack told Hellerstein on Monday. “In addition, there are issues about the legality of his military abduction.”
After Noriega’s capture by the U.S. military in 1989, his lawyers argued that he was immune from prosecution as a sovereign head of a foreign state. That argument ultimately failed, however, in part because Noriega never held the title of president during his six-year de facto rule.
Maduro claims to have won three popular elections, but the U.S. hasn’t recognized him as Venezuela’s legitimate leader for years, and thus not entitled to sovereign immunity.
It is possible that a legal battle over the legality of the U.S. prosecution will stretch on for some time, eventually landing with appeals courts.
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