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

Nicolás Maduro’s defense has asked a U.S. court to dismiss the criminal case against Venezuela’s deposed president, arguing that sovereign immunity prevents the court from exercising jurisdiction over him.

Maduro’s lawyer, Barry Pollack, filed two motions. The first seeks dismissal of the entire indictment based on sovereign immunity. The second asks, alternatively, for dismissal of the narcoterrorism conspiracy charge.

Maduro faces charges of conspiring to commit acts of narcoterrorism, importing cocaine and possessing automatic weapons. He has been held at a New York detention facility since his capture in Caracas on January 3, while his case proceeds there.

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de facto head of state

Pollack argued that Maduro acted as a “de facto head of state” and that the conduct underlying the charges involved official acts and state powers. “The Court would lack jurisdiction over Mr. Maduro if he were entitled either to status-based sovereign immunity as a head of state or to conduct-based sovereign immunity. He is entitled to both,” the filing said. The defense asked the court to dismiss the case with prejudice, which would generally prevent the same charges from being brought again.

In the alternative motion, Pollack argued that the narcoterrorism charge was improperly formulated and lacked a sufficient jurisdictional basis. The defense said the charge sought to prosecute a foreign citizen for conduct occurring exclusively abroad, without adequately alleging an intent to harm the United States, its citizens or its interests.

The filing came as the deadline set by Judge Alvin Hellerstein approached. U.S. prosecutors have until October 2 to respond, likely opposing the motions. The court will address the issues on November 17, before the trial, which is currently scheduled for June 2027. Maduro recently shared photographs from Brooklyn’s Metropolitan Detention Center showing him wearing gray pants and a gray sweatshirt and making a victory sign.

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