Maduro and wife seek dismissal of drug trafficking charges on immunity grounds
Nicolás Maduro and his wife Cilia Flores have asked a Manhattan judge to dismiss drug trafficking charges, arguing they hold sovereign immunity as foreign heads of state.
Maduro and Flores invoke sovereign immunity in bid to dismiss drug charges
Google News MT — Crime (en) reports that former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, filed legal papers in Manhattan federal court on Wednesday seeking the dismissal of a drug trafficking indictment against them, citing sovereign immunity as the leaders of a foreign nation.
Lawyers for Maduro argued that U.S. law requires a judge to reject the indictment, contending that no American court has ever conducted a criminal trial against a foreign leader recognised by their own country as the sitting head of state at the time charges were filed.
"That is not an accident of history," the lawyers wrote. "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."
In separate filings submitted the same day, lawyers for Flores, 69, also argued she is entitled to immunity from U.S. prosecution on sovereign immunity grounds. "It is an attribute of Venezuela's sovereignty, and only Venezuela may surrender it," her lawyers wrote.
Maduro's legal team further argued that even if he were not entitled to immunity as head of state, the case must still be dismissed on the basis of conduct-based sovereign immunity. They also stated that Maduro "vehemently denies the allegations against him" and that, if the case went to trial, "it would be apparent that he has been falsely accused."
Maduro, 63, and Flores have both pleaded not guilty. The criminal case was originally brought six years ago against numerous alleged co-conspirators. Federal prosecutors allege that Maduro orchestrated a conspiracy to move thousands of tonnes of cocaine into the United States by colluding with Venezuelan law enforcement to assist drug kingpins. Both defendants face potential life prison sentences if convicted.
The pair have been held at a Brooklyn jail since U.S. forces seized them from their Caracas home in a late-night raid in early January and transferred them to New York. President Trump's administration has described the operation as a "surgical law enforcement operation," while Maduro has characterised it as a kidnapping and called himself a prisoner of war.
Judge Alvin K. Hellerstein has scheduled oral arguments on the motions to dismiss for 17 November. The trial itself is set to begin on 1 June next year. Federal prosecutors are expected to file their response to the immunity arguments later this month.
From prison, Maduro has maintained a defiant public posture. On Sunday he posted photographs of himself on social media, writing that he was "standing firm" and sending the images as "a small gift" to his grandchildren and supporters. 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," according to French news agency AFP.
Source: Google News MT — Crime (en)