The former Venezuelan leader, Nicolás Maduro, requested a federal judge in Manhattan to dismiss the charges against him, arguing that the United States government has violated his constitutional right to due process by blocking the funds intended for his legal defense.
Through a written submission presented this Thursday to the Southern District Court of New York, his lawyer, Barry Pollack, argued that U.S. authorities prevented the Venezuelan government from covering Maduro's legal fees, despite the defense claiming that such funding is rightfully his as head of state.
"Mr. Maduro, as the head of state of Venezuela, has the right and expectation that the legal fees associated with these charges be funded by the government of Venezuela," Pollack wrote in the court documents, as reported by the AP. agency.
In a statement included in the file, signed as “Nicolás Maduro Moros”, the former president claimed that, in accordance with “the laws and practices of Venezuela”, he is entitled to have the State pay for his defense.
“I have relied on this expectation and I cannot afford my own legal defense”, he stated.
Maduro also assured that he has been working with Pollack on his legal strategy, describing him as "my trusted lawyer."
The blockage of funds and the constitutional argument
The defense argues that the Office of Foreign Assets Control (OFAC), under the Department of the Treasury and responsible for administering sanctions against Venezuela, authorized the payment of legal fees with funds from the Venezuelan government on January 9th.
However, he revoked that authorization "without explanation" less than three hours later.
According to Pollack, while the payment of the fees for the defense of Cilia Flores—Maduro's wife and a co-defendant in the case—was allowed, the authorization for the former leader was blocked.
In his motion, the attorney went further and warned that the actions of the U.S. government compromise the legitimacy of any potential judicial process.
“The behavior of the United States government not only undermines Mr. Maduro's rights but also the mandate of this Court to provide a fair trial to all defendants appearing before it, in accordance with the protections granted by the Constitution of the United States”, he wrote.
He added that, although Washington "authorizes countless commercial transactions with Venezuela," it prevents lawyers from receiving "uncontaminated funds" designated for defense.
"Any trial that proceeds under these circumstances will incur constitutional flaws and cannot result in a verdict that withstands a subsequent challenge," he stated.
Pollack also warned that, if the judge decides to keep the charges and the funding issue is not resolved, he will request to withdraw from the case so that the court can appoint a public defender.
The charges: Narco-terrorism and life imprisonment
Maduro, 63, and Cilia Flores, 69, have been held in a federal prison in Brooklyn since their transfer to the United States following their capture on January 3 in Caracas during a U.S. military operation.
Both declared themselves innocent in their first appearance before federal court and described themselves as "prisoners of war."
Maduro stated that he remains "the constitutional president of Venezuela."
The formal accusation, consisting of 25 pages, charges them with four main counts: conspiracy to commit narco-terrorism, conspiracy to import cocaine into the United States, possession of machine guns and destructive devices, and conspiracy to possess war weapons.
According to the court document, Maduro and his wife allegedly collaborated with drug cartels and members of the army to facilitate the shipment of thousands of tons of cocaine to U.S. territory.
The accusation also claims that, as part of the alleged conspiracy, they ordered kidnappings, beatings, and murders against individuals linked to drug trafficking, including the homicide of a drug chief in Caracas.
Maduro's legal strategy also includes the intention to challenge the legality of his detention based on the argument of sovereign immunity, a thesis similar to that proposed by former Panamanian general Manuel Noriega following his capture in 1990.
In that case, the U.S. courts rejected the plea, and Noriega was sentenced to 17 years in prison.
If found guilty, both would face life imprisonment.
Consular visit and detention conditions
Recently released court documents revealed that on January 30, 2026, Maduro and Flores received a consular visit at the federal detention center where they are being held. No details have been disclosed regarding the identity of the official or the duration of the meeting.
The next hearing, originally scheduled for March 17, has been postponed to March 26 at 11:00 a.m., after the prosecution requested more time to review evidence and prepare pre-trial motions. The judge granted the request "in the interest of justice."
The case is shaping up to be one of the most significant legal proceedings against a former Latin American leader in U.S. federal courts, as the defense seeks to halt the trial by arguing that, without access to funds to pay for their lawyer, there are insufficient constitutional guarantees to proceed.
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