Venezuela’s ousted leader, Nicolás Maduro, and his wife, Cilia Flores, have asked a United States court to dismiss the drug trafficking charges against them, arguing that they are protected by immunity as the former president and first lady of Venezuela.
The couple has been detained in a Brooklyn jail since they were captured by US forces in Caracas on January 3 in an operation that removed Maduro from power.
Maduro and Flores have both pleaded not guilty to federal drug trafficking and firearms charges. A hearing on their request to dismiss the charges has been scheduled for November 7 in New York, while their trial is expected to begin in June 2027.
In a court filing, Madurai’s lawyers argued that no US court had previously conducted a criminal trial involving a foreign leader who was recognised by his country as its sitting head of state when the charges were filed.
The lawyers maintained that international legal principles protect sitting heads of state from criminal proceedings in foreign national courts and argued that Maduro was therefore entitled to immunity for alleged acts committed while he was Venezuela’s president.
“No American court has ever presided over the criminal trial of a foreign leader who was recognised by their own country as the sitting head of state at the time the charges were brought,” Madurai’s lawyers stated.
US prosecutors, however, accused Maduro of using his political power to facilitate and promote drug trafficking, alleging that he worked with criminal cartels to transport tonnes of cocaine into the United States.
Maduro has pleaded not guilty to four charges, including conspiracy to commit narco-terrorism, conspiracy to import cocaine, and charges relating to the possession and conspiracy to possess machine guns and destructive devices.
Flores has also pleaded not guilty to three charges involving conspiracy to import cocaine, possession of machine guns and destructive devices, and conspiracy to possess the weapons and devices.
On Sunday, Maduro said in a social media post that he remained “standing firm.” The post included photographs of him inside the jail wearing a grey tracksuit and making peace signs with his hands.
Maduro has previously told a US court that he was “kidnapped” and described himself as a “prisoner of war.”
Since his capture, Vice President Delcy Rodriguez has governed Venezuela as interim leader amid pressure from US President Donald Trump’s administration.
Meanwhile, US energy companies have signed several multi-billion-dollar deals with Venezuela this week, days after the South American country agreed to give the United States control over a significant portion of its vast oil reserves.
Critics in both the US and Venezuela have accused the Trump administration of holding Venezuela for ransom after removing Maduro from power. They have also warned that Rodriguez could face similar pressure if she fails to meet US demands.
