Maduro asks U.S. court to dismiss case, citing sovereign immunity

Nicolás Maduro’s defense has asked a U.S. court to end the criminal case against him, arguing that his status as Venezuela’s de facto head of state gives him sovereign immunity.

Maduro’s lawyer, Barry Pollack, filed two motions in federal court. The first seeks dismissal of the entire indictment, with prejudice, meaning the same charges could not be brought again. Pollack argued that the alleged conduct involved official acts and state powers, leaving the U.S. court without jurisdiction.

“The court would lack jurisdiction over Mr. Maduro if he were entitled either to sovereign immunity based on his status as head of state or to conduct-based sovereign immunity. He is entitled to both,” Pollack wrote. The second motion seeks dismissal of the narcoterrorism-conspiracy charge if the broader request fails.

Pollack argued that the narcoterrorism charge improperly targets a foreign citizen for conduct carried out exclusively abroad. He said the indictment did not adequately establish a jurisdictional basis or allege an intent to harm the United States, its citizens or its interests. He also argued that the conduct fell outside Congress’s authority to regulate.

Maduro has been held at a New York prison since his capture in Caracas on Jan. 3. The U.S. prosecution is expected to oppose the motions and must respond by Oct. 2. Judge Alvin Hellerstein scheduled a hearing for Nov. 17, ahead of a trial currently set for June 2027. Maduro’s wife, Cilia Flores, has filed a similar request, arguing that she shares his immunity as Venezuela’s first lady and citing U.S. cases involving spouses of heads of state.

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The court would lack jurisdiction over Mr. Maduro if he were entitled either to sovereign immunity based on his status as head of state or to conduct-based sovereign immunity. He is entitled to both.