Venezuela’s Maduro asserts immunity in US court, urges dismissal of charges

What Happened

Nicolás Maduro's lawyer, Barry Pollack, filed a motion on Wednesday before US District Judge Alvin Hellerstein in Manhattan to dismiss drug trafficking charges against Maduro, asserting absolute head-of-state immunity and lack of jurisdiction. Maduro has been held in a Brooklyn federal jail since January 3, when US forces seized him in a military raid on Caracas authorized by President Donald Trump. He has pleaded not guilty and faces trial on June 1, 2027, if the dismissal fails. Pollack wrote that the prosecution violates 'the absolute immunity from criminal jurisdiction to which heads of state and foreign officials acting in their official capacities have been entitled for hundreds of years' and that Maduro 'vehemently denies' the allegations. The Manhattan US Attorney's office did not immediately respond to a request for comment. Legal experts told Reuters that Maduro faces an uphill battle because Washington has not recognized him as Venezuela's president since 2019, and US courts tend to defer to the executive branch on recognition disputes.

Key Actors

Why It Matters

The case tests whether US courts will apply long-standing head-of-state immunity when the executive branch has not recognized the defendant as legitimate. Pollack argues Washington's assessment of Maduro's legitimacy is irrelevant because the executive branch does not dispute that Maduro was Venezuela's head of state, only that he did not occupy the position legitimately after 2019. The outcome could set precedent for prosecuting foreign leaders and is intertwined with US policy, including the Trump administration's cooperation with Delcy Rodriguez's government and a recent deal giving the US a stake in about one-fifth of Venezuela's oil reserves.

Watch For

Prosecutors have until October 2 to respond to Maduro's motion to dismiss, and Judge Hellerstein will hold a hearing on November 17. If the motion is denied, trial is scheduled for June 1, 2027. Also monitor whether Delcy Rodriguez's government publicly clarifies Maduro's status, given reports that some murals of Maduro in Caracas have been painted over and her government has gone silent on the matter.