Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have filed motions in a Manhattan federal court seeking to dismiss drug trafficking charges against them, asserting sovereign immunity as the basis for dismissal.
The filings, submitted Wednesday, argue that neither can be prosecuted in a U.S. court due to their prior roles as head of state and first lady of Venezuela. Judge Alvin K. Hellerstein has scheduled oral arguments for November 17 on the motions to dismiss the indictment. If unsuccessful, the couple is slated to stand trial on June 1, 2027.
Maduro and Flores have been held at the Metropolitan Detention Center in Brooklyn since a January 3 raid by U.S. forces in Caracas, during which they were seized and transported to the U.S. Both have pleaded not guilty to the charges.
Maduro’s Legal Argument
Maduro’s legal team, led by attorney Barry Pollack, contends that sitting heads of state are entitled to absolute immunity from foreign criminal prosecution, citing long-standing principles of international law. Pollack argued in court filings that the prosecution violates this immunity, asserting that the alleged acts occurred as part of Maduro’s official duties.
"This unprecedented 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," Pollack wrote in the motion.
Flores’ Separate Claim
Flores’ legal representatives filed a separate motion, also invoking sovereign immunity. Her lawyers stated that prosecution authority rests solely with Venezuela, writing: "It is an attribute of Venezuela’s sovereignty, and only Venezuela may surrender it."
Prosecution Timeline and Court Proceedings
The indictment, filed in Manhattan federal court, accuses Maduro and Flores of drug trafficking and related offenses. The U.S. government has not yet publicly responded to the immunity claims, and no additional filings from prosecutors were available as of the deadline for the motions.
Judge Hellerstein has set a November 17 hearing to consider the dismissal motions. If the court denies the motions, the case would proceed toward the June 1, 2027 trial date.
International Law and Precedent
The filings hinge on the principle of sovereign immunity, a cornerstone of international law that generally shields foreign leaders from prosecution in foreign courts. Legal experts note that while the U.S. has occasionally pursued cases against foreign officials for human rights abuses or other serious crimes, prosecutions of sitting heads of state remain rare and legally complex.
Maduro’s legal team also argued that even if sovereign immunity does not apply, the case should be dismissed on conduct-based immunity grounds, asserting that the alleged acts were official acts of state.
Denial of Allegations
In their filings, Maduro’s lawyers stated that he "vehemently denies the allegations" and that a trial would reveal the accusations as false. The U.S. government has not provided detailed public evidence supporting the charges, and no additional disclosures were included in the available court documents.
The case remains ongoing, with further legal proceedings expected in the coming months.