Maduro, wife seek dismissal of drug trafficking indictment on immunity grounds

New York — Nicolás Maduro, Venezuela’s former president, and his wife urged a federal judge Wednesday to throw out the drug trafficking case against them, arguing they are shielded from prosecution by immunity afforded to a foreign leader and first lady.

In a filing submitted in Manhattan federal court, Maduro’s attorneys said U.S. law bars the indictment from moving forward because criminal charges cannot be pursued against the head of a foreign state.

“No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought,” the lawyers wrote. “That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own.”

Maduro and his wife are currently slated to face trial on drug trafficking allegations on June 1. U.S. District Judge Alvin K. Hellerstein has scheduled arguments for Nov. 17 on their requests to dismiss the indictment.

Maduro, 63, and Cilia Flores, 69, have been detained in a Brooklyn jail since early January, when U.S. forces seized them from their home in Caracas during an overnight raid and transported them to New York.

Flores’ legal team made a similar argument in a separate Wednesday filing, contending that she is also immune from U.S. prosecution under the doctrine of sovereign immunity.

“It is an attribute of Venezuela’s sovereignty, and only Venezuela may surrender it,” her lawyers wrote.

Maduro’s attorneys further argued that, even if the court finds he is not protected by head-of-state immunity, the indictment should still be dismissed because he qualifies for conduct-based sovereign immunity.

Meanwhile, the lawyers argued, Maduro “vehemently denies the allegations against him.”

“If this case were to proceed to trial, it would be apparent that he has been falsely accused,” they said.

Both have pleaded not guilty in a criminal case first brought six years ago against numerous alleged co-conspirators. They face potential life prison sentences if a jury agrees that they were part of a conspiracy to send cocaine into the U.S.

Federal prosecutors are scheduled to file a response to the arguments later this month.

President Trump’s administration has defended the raid to capture Maduro as a “surgical law enforcement operation.” Maduro has called himself a prisoner of war and his capture a kidnapping.

U.S. prosecutors say Maduro carried out a conspiracy to move thousands of tons of cocaine into the U.S. by colluding with Venezuelan law enforcement to help drug kingpins.

Maduro has remained defiant. On Sunday, he posted pictures of himself from prison on social media, saying he was “standing firm.”

“I send these photos as a small gift to all my grandsons and granddaughters, to the boys and girls, and to all the noble people who love us,” he wrote.

“I want you to know that we stand firm, with our hearts full of your love, that love that reaches us transformed into prayer, into constant action, into solidarity and true support. Infinite thanks for every word, for every gesture, for every blessing,” he went on to say.

On the Telegram messaging service, he added, “We will remain strong, calm and confident: God is with us. God will provide. Venezuela will rise again,” French news agency AFP reported.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Man riding 'two-wheeled device' struck, killed by pick-up driver in NYC: cops

NYC Man on Two-Wheeled Device Killed by Pickup Driver: Police

A man riding an unidentified two-wheeled vehicle was struck and killed by…
FIRST ON FOX: US Coast Guard recruits largest class in nearly 40 years, beats goals for third straight year

US Coast Guard Tops Goals With Largest Class in Nearly 40 Years

The Coast Guard brought in 5,445 active-duty enlisted members during fiscal year…
NY maniac threatens to kill Georgia Rep. Mike Collins and his son-in-law over 'inaccurate' article: Feds

New York Man Charged With Threatening to Kill Georgia Rep. Mike Collins and Son-in-Law, Feds Say

An upstate New York man allegedly threatened to kill Georgia Rep. Mike…
Families of 9/11 victims to pack NYC court as Saudi gov't tries to dodge civil trial

9/11 Families Pack NYC Court as Saudi Arabia Fights Civil Trial

A federal appeals court will hear arguments Wednesday over whether Saudi Arabia…
Montana high school softball player discovers long-lost sister on opposing team in real-life ‘Parent Trap’

Montana High School Softball Rivals Discover They’re Long-Lost Sisters

Talk about a double play. A Montana high school softball player unexpectedly…
Alleged Jalisco cartel leader accused of drug trafficking and fuel smuggling arrested in Mexico

Alleged Jalisco Cartel Leader Arrested Over Drugs and Fuel Smuggling

Mexican authorities announced Tuesday that they had arrested a notorious alleged member…
Pro-Bruce Blakeman Super PAC accuses Kathy Hochul of pay-to-play COVID 'corruption' scheme in multi-million dollar ad

Pro-Bruce Blakeman Super PAC Alleges Kathy Hochul COVID Pay-to-Play Scheme in Multimillion-Dollar Ad

A Super PAC supporting Republican gubernatorial candidate Bruce Blakeman has launched a…
Driver opens fire on strangers along major US interstate, tells cops he ‘had to kill people today’

Driver Shoots Strangers on US Interstate, Says He Had to Kill People

An Iowa man accused of firing at vehicles traveling along an interstate…
Sacramento commission votes against renaming Cesar Chavez Plaza to Union Plaza

Sacramento Panel Rejects Union Plaza Rename for César Chávez Plaza

A dispute has erupted in Sacramento after officials declined to adopt “Union…
Unmarked NYPD car slams into cyclist after running red light in Brooklyn: video

Unmarked NYPD Car Hits Cyclist After Red-Light Run in Brooklyn

A startling video shows an NYPD vehicle running a red light before…
Trump pitches Trump International Golf Course for site of

Trump Pitches Trump International Golf Course as Potential Site

Washington — President Trump said Wednesday that the U.S. Secret Service and…
Migrants wanted for slashing NYPD detective found hiding in Massachusetts basement

Migrants Sought in NYPD Detective Slashing Found in Mass. Basement

Two migrants wanted in connection with the slashing of an off-duty NYPD…