Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, are asking a federal judge in New York to dismiss drug trafficking and weapons charges against them, arguing that Maduro is protected by sovereign immunity and that the indictment violates their due process rights.
In court documents, Maduro’s lawyers contend that US courts lack jurisdiction to prosecute a foreign head of state for official acts carried out on behalf of his country. They also argue that the charges fail to establish a sufficient connection between the alleged conduct and the United States.
The US Attorney’s Office for the Southern District of New York unsealed a fourth superseding indictment against Maduro and Flores in January 2026.
Maduro faces charges of narco-terrorism conspiracy, while both he and Flores are charged with conspiracy to import cocaine, possession of machine guns and destructive devices.
Prosecutors allege that Maduro used his positions in Venezuela’s National Assembly and later as president to participate in a decades-long conspiracy with major drug-trafficking organizations to move cocaine into the United States.
Maduro’s lawyers reject those allegations, saying he “vehemently denies” involvement in drug trafficking or any intention to benefit individuals engaged in terrorism.
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The defence argues that several actions cited in the indictment, including the issuance of diplomatic passports, deployment of the Venezuelan military and formulation of foreign policy, were official acts undertaken on behalf of the Venezuelan state.
“Because these actions were undertaken in his official capacity on behalf of a foreign sovereign,” the lawyers argue, Maduro cannot be required to answer in a US court for prosecutors’ claims about his motives or intentions.
The lawyers further contend that the US government’s prosecution is inconsistent with the principle of sovereign equality, arguing that heads of state are generally immune from the criminal jurisdiction of foreign courts while serving in office.
They also challenge the government’s jurisdiction under the US narcoterrorism statute, arguing that Congress limited the circumstances in which the law can be used to prosecute conduct occurring outside the United States.
According to the defence, the indictment does not adequately demonstrate that the alleged offences occurred in, or were sufficiently directed toward, the United States to satisfy those jurisdictional requirements.
The US government recognized Maduro as an illegitimate president in 2019, following his disputed declaration of victory in Venezuela’s 2018 presidential election.
US forces captured Maduro and Flores in Caracas during a January military operation known as Operation Absolute Resolve and brought them to the United States to face prosecution in federal court in New York.
Maduro is scheduled to appear in court in November to present oral arguments in support of his motion to dismiss.
Foxnews.com
