Maduro Seeks Dismissal of U.S. Case, Citing Sovereign Immunity

Nicolás Maduro’s defense is asking a U.S. court to throw out the criminal case against him, arguing that sovereign immunity protects him from prosecution. Lawyer Barry Pollack filed two motions on Wednesday in the digital court record.

The first seeks dismissal of the entire indictment with prejudice, which would effectively prevent the same charges from being brought again. It argues that a U.S. court lacks jurisdiction because Maduro was Venezuela’s “de facto head of state” and the conduct cited in the charges involved official roles and state powers.

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

“The Court would lack jurisdiction over Mr. Maduro if he were entitled either to head-of-state immunity or conduct-based sovereign immunity. He is entitled to both,” Pollack wrote.

The second motion asks the court to dismiss only the narcoterrorism-conspiracy charge if the broader request fails. Pollack argues that the charge improperly targets a foreign citizen for conduct carried out exclusively abroad, without adequately alleging a jurisdictional connection. He also says it does not establish an intention to harm the United States, its citizens or its interests, and falls outside Congress’s authority to regulate.

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Conduct exclusively foreign without adequately alleging the jurisdictional element.

Maduro faces charges of conspiring to commit narcoterrorism, importing cocaine and possessing automatic weapons. He has been held at a New York detention facility since his capture in Caracas on Jan. 3, while the case proceeds there. The defense filing came as a deadline set by Judge Alvin Hellerstein expired.

The U.S. prosecution is expected to oppose the motions and has until Oct. 2 to respond. The court will address the immunity arguments on Nov. 17, before the trial, which is currently scheduled for June 2027. Defense lawyers for Maduro’s wife, Cilia Flores, have filed a similar request, arguing that she shares his sovereign immunity as Venezuela’s first lady.

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Does not allege his intent to cause harm to the United States, its citizens or its interests.