The lawyer Andrés Sánchez filed a new motion on Tuesday before a federal court in New York to dismiss all charges against Cilia Flores, the wife of Nicolás Maduro, invoking for the second time the concept of sovereign immunity, as reported by the agency EFE.
The core of Sánchez's legal reasoning rests on one premise: if Washington recognizes the government of Delcy Rodríguez as the Venezuelan authority, it implies—according to the defense—that Maduro formally retains the presidency and, therefore, the immunity that corresponds to a head of state.
To support this argument, the lawyer cited a statement issued on October 26 by a senior official of the State Department, who noted that Rodríguez "will have to declare" a "permanent vacancy" in the Venezuelan presidency, a process that has not yet materialized.
"It is declared that a position held by someone is vacant. Therefore, according to the Executive's own account, the position for which Venezuela claims immunity belonged to Mr. Maduro on January 3, 2026, and its holder is currently absent for one reason only: he is in the custody of the U.S.," Sánchez argued in the motion, as reported by EFE.
The lawyer also emphasized that the Venezuelan state has not wavered in its stance.
"Venezuela has not renounced anything; its constitutional framework considers Mr. Maduro's absence to be forced and that his vice president continues to act in his place," he added.
The Prosecutor's Office opposes: The U.S. has not recognized Maduro since 2019
The position of the Prosecutor's Office is diametrically opposed: prosecutors argue that Maduro cannot invoke sovereign immunity because the United States stopped recognizing him as the legitimate president of Venezuela in 2019.
The Prosecutor's Office has until November 30 to submit its formal response. The key hearing regarding the sovereign immunity motions is scheduled for December 17, 2026.
The request comes weeks after the Southern District of New York Prosecutor's Office expanded the charges against Flores and Maduro, adding conspiracy to commit torture and, in the specific case of Flores, also conspiracy for drug terrorism.
Accumulated charges after the expansion of the accusation
The first invocation of sovereign immunity by Flores' defense occurred on September 2. The renewal of the motion directly responds to the expansion of the charges on October 15, when the prosecution charged Maduro and Flores with torture committed against U.S. citizens in Venezuelan intelligence facilities, including former Marine Matthew Heath and Osman Khan.
The initial charges —conspiracy to commit narcoterrorism, conspiracy to import cocaine, and possession of destructive weapons— already carry minimum sentences ranging from ten to thirty years, with the possibility of life imprisonment. Both have pleaded not guilty at all stages.
The deterioration of Flores' health
Alongside the legal debate, Flores' physical state adds an additional dimension to the case.
According to an investigation by the New York Times, Flores may have suffered a possible mild heart attack on July 29, has lost more than 25 pounds and two teeth since her capture, and has been prescribed nitroglycerin for chest pain.
Flores, 70 years old, was in solitary confinement for three months and currently sleeps only three or four hours a day.
Three cardiologists recommended performing a cardiac catheterization, but the prosecution stated that she refused to undergo the procedure while in prison.
In October, then-Judge Alvin K. Hellerstein denied his request for house arrest on health grounds, deeming it a "extreme flight risk."
After the passing of the magistrate, Judge Analisa Torres took over the case on October 29.
If the court rejects the new sovereign immunity motion, the case will move forward to an oral trial scheduled for June 14, 2027, where Maduro and Flores will face the cumulative weight of all the charges against them.
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