A federal judge in New York rejected a motion Thursday by lawyers for former Venezuelan President Nicolás Maduro to dismiss narcoterrorism and drug trafficking charges against him and his wife, Cilia Flores.
U.S. District Judge Alvin K. Hellerstein, presiding over the case in the Southern District of New York, told the court, "I am not going to dismiss the case." He described dismissal as "a serious step based on hypotheticals" and said the defense could revisit the issue later if needed. The hearing, which ran longer than expected, centered on a dispute over legal fees. Maduro's attorney, Barry Pollack, argued that U.S. sanctions administered by the Treasury Department's Office of Foreign Assets Control blocked Venezuelan government funds needed to pay private counsel, violating the Sixth Amendment right to counsel of choice.
Pollack stated that Maduro and Flores lack personal funds and that forcing reliance on public defenders would overburden the system, noting, "It doesn't make sense in a case where you have someone other than the U.S. taxpayer standing ready, willing and able to fund that defense." Assistant U.S. Attorney Kyle Wirshba countered that allowing Venezuelan funds would undermine sanctions imposed for national security and foreign policy reasons, predating the criminal case. He said the defendants could use personal assets or court-appointed counsel.
Hellerstein expressed skepticism about the sanctions' application now, stating, "The defendant is here; Flores is here. They no longer represent any threat to national security." He emphasized, "The right at issue here, and it overrides other rights, is the right to constitutionally guaranteed legal counsel," and noted improved U.S.-Venezuela relations since Maduro's arrest. The judge plans to rule later on the funding question, but did not set a trial date or next hearing.
Maduro, 63, and Flores, 69, were captured by U.S. military forces in a raid on their Caracas home on January 3, 2026, and flown to New York. They pleaded not guilty at an arraignment later that month to charges including narco-terrorism conspiracy, cocaine importation conspiracy, and weapons offenses stemming from a 2020 indictment. Prosecutors allege the couple partnered with Colombia's FARC guerrilla group and corrupt Venezuelan officials to ship massive quantities of cocaine to the U.S. while engaging in violence to protect the operation. Conviction could bring life sentences.
The pair remains detained without bail at the Metropolitan Detention Center in Brooklyn under special administrative measures, including 24-hour surveillance and limited recreation. Four co-defendants, including Diosdado Cabello and Maduro's son Nicolás Maduro Guerra, remain at large. Prosecutors requested restrictions on sharing evidence with them to protect witnesses.
Outside the courthouse, protesters clashed: critics called for Maduro to "rot in prison," while supporters demanded his release. President Donald Trump, commenting ahead of the hearing, called Maduro a "major purveyor of drugs" and said additional charges were forthcoming. Hellerstein, 92, has presided over high-profile cases but faced questions about his age.
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