Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, petitioned a federal judge in Manhattan to reject drug trafficking charges against them based on sovereign immunity protections afforded to foreign leaders and their families.
In legal filings submitted Wednesday, Maduro’s legal team argued that U.S. courts lack jurisdiction to prosecute sitting heads of state recognized by their own nations. The defense cited historical legal precedent, stating that no American court has previously presided over a criminal trial of a recognized foreign leader. The lawyers contended that sovereign immunity reflects established principles predating common law itself, asserting that heads of state remain exempt from criminal proceedings except those of their own country.
Flores’ legal representatives filed separate motions claiming she also qualifies for sovereign immunity protection, characterizing such protections as an attribute of Venezuelan sovereignty that only Venezuela may waive. Maduro’s counsel additionally argued he deserves conduct-based sovereign immunity even if head-of-state immunity were determined inapplicable. The defense also asserted that Maduro “vehemently denies” the allegations and stated that evidence would demonstrate he was falsely accused.
Maduro, 63, and Flores, 69, were arrested in early January following a U.S. law enforcement operation at their residence in Caracas. Both pleaded not guilty to conspiracy charges that carry potential life sentences. A trial date was scheduled for June 1, with oral arguments on the motions to dismiss set for November 17 before Judge Alvin K. Hellerstein. Federal prosecutors plan to file their response to the motions later in the month.
Prosecutors allege that Maduro orchestrated a scheme to traffic thousands of tons of cocaine into the United States through coordination with Venezuelan law enforcement and drug trafficking organizations. The Trump administration characterized the arrest operation as a “surgical law enforcement operation,” while Maduro has characterized himself as a prisoner of war, calling his capture a kidnapping.
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