Maduro claims immunity and asks US judge to dismiss drug charges

Nicolás Maduro is asking a US judge to dismiss the criminal drug-trafficking case against him by invoking the immunity of a sovereign head of state. His motion sets up a rare test of how US courts apply international-law protections in criminal proceedings.

Maduro's lawyer, Barry Pollack, filed the motion in Manhattan federal court by a deadline set by US District Judge Alvin Hellerstein. Pollack argued that the court lacked jurisdiction because heads of state and foreign officials acting in their official capacities have complete immunity. He also said the conduct alleged in the indictment formed 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. He said Maduro had been falsely accused and "vehemently denies" the allegations.

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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.

The charges formed the basis for a US military raid on Caracas and Maduro's capture on Jan. 3. He has been held in a federal jail in Brooklyn, pleaded not guilty and is scheduled to stand trial on June 1, 2027, if the dismissal effort fails. The Manhattan US attorney's office did not immediately respond to a request for comment.

Maduro faces an uphill battle, according to legal experts cited by Reuters. Washington stopped recognizing him as Venezuela's president in 2019 after rejecting his 2018 election as rigged, and it also called his 2024 reelection fraudulent. Maduro says both elections were fair and has accused Washington of seeking to remove him to gain control of Venezuela's oil wealth.

US courts often defer to the president and cabinet on recognition of foreign leaders. In a 1990 case, a Miami federal judge rejected former Panamanian military leader Manuel Noriega's immunity claim, partly because Noriega had never officially held the title of president. Pollack argued that distinction did not apply to Maduro, saying Washington disputes the legitimacy of his position after 2019, not whether he had been Venezuela's head of state.

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vehemently denies