NEW YORK (TNND) — Former Venezuelan President Nicolás Maduro returned to court on Thursday in New York as he pushes to have the drug trafficking charges against him thrown out in a fight over his legal fees.
Thursday's hearing was the first time Maduro and his wife, Cilia Flores, have appeared in court since they were arraigned in January. (TNND)
His lawyers argue the U.S. is violating the deposed leader's constitutional rights by blocking Venezuelan government funds for his legal defense and the case should be dismissed. Maduro's attorney, Barry Pollack, said last month he will need to withdraw if the U.S. doesn't allow the Venezuelan government to pay his legal fees. Pollack told the judge that defendants have a right to “not just competent counsel, but counsel of his choice†and to access “untainted funds†for that purpose.
Thursday's hearing was the first time Maduro and his wife, Cilia Flores, have appeared in court since they were arraigned in January. Both have pleaded not guilty to charges over their alleged coordination with drug cartels and members of the Venezuelan military to facilitate the shipment of thousands of tons of cocaine to the United States.
The former Venezuelan president is charged with narco-terrorism conspiracy, cocaine importation conspiracy and weapons violations. During his first court appearance, Maduro swore his innocence to the judge.
«I am not guilty. I am a decent man, the constitutional president of my country,†he said.
Maduro and Flores are accused of ordering kidnappings, beatings and murders of people who owed them money or undermined their alleged trafficking scheme. Both face life in prison if they are convicted.
Both have been held at a jail in Brooklyn since being captured from their presidential compound in Caracas in early January in an overnight U.S. military raid.
Pollack has previously said the Treasury Department's Office of Foreign Assets Control granted a license permitting the government to pay the fees only to reverse the decision three hours later without explanation.
The U.S. has rolled back some sanctions on Venezuela's oil industry, but anybody seeking payment needs to obtain a license to avoid violating sanctions still in place against the Maduros and government. Pollack argued the reversal on the license violates Maduro's right to defend himself against the charges. Prosecutors say the original license that was granted was an administrative error and the Maduros can access their personal funds in Venezuela to cover legal expenses.
During Thursday’s arguments, prosecutors argued it was an issue of the federal government’s ability to use sanctions for national security and foreign policy interests and renewed relations with the Venezuelan government do not mean those sanctions can’t be maintained.
«If the purpose of the sanctions is because the defendants are plundering the wealth of Venezuela, it would undermine the sanctions to allow them access the same funds now to pay for their defense,» prosecutor Kyle Wirshba said.
U.S. District Judge Alvin Hellerstein appeared skeptical of the government’s arguments and said the Maduros no longer posed a risk to national security. But he also ruled out the idea of dismissing the case if Venezuela doesn't cover legal fees.
“I see no abiding interest of national security on the right to defend themselves,†the judge said.
Maduro has stated he is unable to afford his own defense, a claim that would have to be proven to give him a court-appointed attorney funded by American taxpayers if the judge does not rule in his favor. Pollack argued on Thursday that giving Maduro public defenders would drain legal resources meant for people who can’t afford an attorney, which doesn’t make sense in “a case where you have someone other than the U.S. taxpayer standing ready, willing and able to fund that defense.â€
President Donald Trump said shortly before Maduro's court appearance that he would be given a “fair trial†but other cases will be brought against him.
“I would imagine there are other trials coming because they have just, they've really sued him just in a fraction of the kind of things that he's done,†Trump said during a Cabinet meeting. “Other cases are going to be brought, as you probably know.â€
Maduro was first elected president of Venezuela in 2013 but has not been recognized by the U.S. as the country's legitimate leader since the 2018 election. Delcy Rodriguez, the country's acting president, has reestablished diplomatic ties with the U.S. and continued to operate Maduro's government since his capture.
The judge did not set a hearing date or indicate when he may decide on the matter.
Maduro and Flores have retained some support within Venezuela since their arrest, though Rodriguez has slowly erased his fingerprints from the government under pressure from the U.S. Senior officials who were loyal to Maduro have been replaced and pillars of the country's socialist movement that has ruled it for more than 20 years have been wiped away.
A group of protesters gathered outside the New York City courthouse ahead of their court appearance on Thursday in support of Maduro, though they were met with opposition protests.
