Nicolás Maduro requests sovereign immunity before U.S. court
Nicolás Maduro’s legal defense has formally filed a request with a United States court to dismiss the criminal case against him. The legal team, led by attorney Barry Pollack, bases this petition on the argument of sovereign immunity, alleging that Maduro’s status as head of state protects him from being prosecuted by the U.S. justice system.
The process, which is taking place in New York, has entered a crucial stage where two main motions have been introduced. The first seeks the total dismissal of the indictment, while the second, of an alternative nature, specifically requests the removal of the charge of conspiracy to commit acts of narcoterrorism.
Defense arguments and legal challenges
In their arguments, the defense team maintains that U.S. courts lack jurisdiction to try Maduro, arguing that the actions he is accused of were carried out in his capacity as head of state. According to the defense’s position, these actions would be linked to the official powers of the Venezuelan State, which would grant the accused special protection against foreign courts.
The defense is seeking to have the case dismissed with prejudice, which would prevent U.S. authorities from refiling the same charges in the future.
Regarding the narcoterrorism charge, Pollack argues that the indictment lacks a solid jurisdictional basis, pointing out that the attempt to prosecute a foreign citizen for conduct that occurred outside of U.S. territory does not meet the necessary legal requirements under local regulations.
Next steps in the judicial process
- The United States Attorney’s Office has an October 2 deadline to respond to the arguments presented by the defense.
- Judge Alvin Hellerstein has scheduled a hearing for November 17, where the motions raised will be analyzed.
- The main trial, according to the current schedule, is set to take place in June 2027.
This case has drawn comparisons to historical precedents, such as the trial of former Panamanian leader Manuel Noriega in the 90s, where the argument of sovereign immunity was dismissed by federal courts. Currently, Nicolás Maduro remains held at the Metropolitan Detention Center in Brooklyn, from where images of the former leader were recently released while awaiting the court’s ruling on his legal status.
