New York, March 26, 2026 – Former Venezuelan President Nicolas Maduro returned to a New York federal court on Thursday, arguing that the US government is interfering with his ability to mount a proper defense against narco-terrorism-related charges. Maduro and his wife, Cilia Flores de Maduro, are seeking to have the case dismissed.
Judge Alvin Hellerstein scheduled the hearing to allow the Maduros’ lawyers to review evidence, outline legal motions, and potentially set a trial date.
In a recent development, Maduro’s attorney, Barry Pollack, warned that he may have to withdraw if the US does not permit the Venezuelan government to cover his legal fees. The Treasury Department’s Office of Foreign Assets Control (OFAC) had initially granted, then revoked, a license allowing payment, citing US sanctions that prohibit sanctioned entities from funding the legal defense of other sanctioned individuals. Flores de Maduro’s lawyer has joined the motion.
“OFAC has denied the defendants’ request for an additional exception: to allow them to pay their legal fees from a slush fund controlled by a sanctioned government,” prosecutors wrote, adding that the Maduros can still access their personal funds in Venezuela for legal expenses.
Legal experts say Maduro faces an uphill battle. Duncan Levin, a former prosecutor specializing in sanctions law, explained, “Because he is not recognized as the leader of Venezuela and the whole sanctions regime is meant to cut him off, it’s unlikely that the court is going to feel that he’s entitled to any of the money to help fund his criminal defense.”
Maduro and his wife have pleaded not guilty to charges of gun and cocaine importation conspiracies spanning more than 25 years. They are being held at the Metropolitan Detention Center in Brooklyn, and under US law, Maduro is entitled to a court-appointed attorney if his private counsel withdraws.
Pollack has also signaled plans to challenge the legality of Maduro’s arrest, claiming he should be immune from prosecution for actions taken while serving as president. Maduro was first elected in 2013, but the US and dozens of other countries have not recognized him as Venezuela’s legitimate leader since the 2018 election. This year, the US State Department recognized Delcy Rodríguez as Venezuela’s head of state.
The Maduros were captured in early January during a US operation at their Caracas presidential compound, which involved a firefight with Venezuelan air defenses. Experts note that while the capture was extraordinary, US courts maintain jurisdiction.
“Under the US Constitution, it’s the president who gets to determine who to recognize as head of state, and a US court is not going to second-guess that determination,” said William Dodge, international law professor at George Washington University.
Dodge added that Maduro’s immunity claim is unlikely to succeed. “Drug trafficking isn’t an official act,” he said, highlighting the legal challenges ahead for the former Venezuelan leader.
