Ousted Venezuelan President Nicolás Maduro has asked a U.S. federal judge to dismiss the criminal drug trafficking charges against him, arguing that he is protected by sovereign immunity as the head of a foreign state.
Maduro’s lawyer, Barry Pollack, made the argument in a motion filed in Manhattan federal court, claiming that international law provides heads of state with immunity from prosecution in foreign courts. The defense also argues that the actions cited in the indictment were carried out as part of Maduro’s official duties as Venezuela’s leader.
Maduro has pleaded not guilty to the charges and remains in federal custody in Brooklyn. The case stems from allegations that he and members of his inner circle were involved in a large-scale cocaine trafficking conspiracy.
The charges formed the basis for a U.S. military operation in Caracas earlier this year that resulted in Maduro being captured and brought to the United States. His lawyers have also challenged the legality of that operation and questioned whether the U.S. courts have jurisdiction to prosecute him.
However, Maduro’s immunity argument faces significant legal hurdles. The United States stopped recognizing him as Venezuela’s legitimate president in 2019, while U.S. courts have historically been reluctant to dismiss criminal cases on the basis of international-law violations or claims arising from the manner in which defendants were brought to the country.
A similar immunity argument was unsuccessful in the case of former Panamanian leader Manuel Noriega, who was captured by U.S. forces in 1990 and later convicted on drug trafficking charges.
U.S. prosecutors are expected to respond to Maduro’s motion, with a hearing on the dismissal request scheduled for November 17. If the case proceeds, Maduro’s trial is currently scheduled to begin on June 1, 2027.
