Deposed Venezuelan President Nicolás Maduro has filed a motion in Manhattan federal court asking a judge to toss out the criminal indictment against him, asserting that the United States has infringed his right to a fair defense by blocking access to Venezuelan government funds for legal costs.

Attorney Barry Pollack submitted the request on Thursday, claiming the U.S. government’s actions have violated Maduro’s due process rights by preventing the Venezuelan state from paying his legal fees as Venezuelan law and practices would normally require. In a declaration included with the filing, Maduro said he cannot afford his own defense and has relied on the expectation that his legal costs would be covered by his government.

Maduro and his wife, Cilia Flores, have been held in New York since a U.S. military operation in early January brought them into custody. They have pleaded not guilty to charges including drug trafficking and narcotics conspiracy that allege involvement with drug cartels and military officials in shipping large quantities of cocaine into the United States. If convicted, both face life in prison.

Pollack told the court that the Treasury Department’s Office of Foreign Assets Control initially granted and then abruptly rescinded authorization to allow the Venezuelan government to fund Maduro’s defense, even though funds for legal fees for Flores’ counsel were permitted. He argued this reversal undermines both Maduro’s rights and the court’s responsibility to ensure a fair trial.

In the filing, Pollack said that without access to these funds, any trial would be “constitutionally defective” and could not withstand later legal challenge. He also indicated that if the indictment remains, he may seek to resign so the court can appoint other counsel.

The dispute over legal funding highlights tensions between U.S. sanctions policy and Maduro’s defense strategy as the case moves forward.