Ousted Venezuelan leader Nicolás Maduro asks judge to toss indictment

The lawyer for ousted Venezuelan leader Nicolás Maduro asked a federal judge Thursday to dismiss the indictment filed against his client, arguing that the Trump administration is blocking Venezuelan government funds needed to pay for his legal defense.

Maduro’s lawyer, Barry Pollack, filed the court papers in Manhattan federal court, saying the government’s action prevents his client from retaining an attorney of his choice and receiving a fair defense.

“Mr. Maduro, as head of state of Venezuela, has both the right and the expectation to have the legal costs associated with these charges funded by the government of Venezuela,” Pollack said.

In January, the administration captured Maduro and his wife, Cilia Flores, and flew them to the United States to face criminal charges. The couple was charged with conspiracy to import cocaine, as well as possession of machine guns and destructive devices. Maduro is also accused of narcoterrorist plotting.

Maduro and Flores have pleaded not guilty to all charges.

Prosecutors alleged in the indictment that Maduro and his co-conspirators “associated for decades with some of the world’s most violent and prolific drug traffickers and narcoterrorists, and relied on corrupt officials throughout the region, to distribute tons of cocaine in the United States,” according to the indictment.

In Maduro’s request to dismiss the case, Pollack said that without Venezuelan funds he would not be able to continue pursuing the case.

“Not only should the Court appoint counsel and pass the costs of Mr. Maduro’s defense onto American taxpayers, despite the willingness and obligation of the Government of Venezuela to pay Mr. Maduro’s defense costs, but any verdict against Mr. Maduro would be constitutionally suspect,” he said.

A statement from Maduro was also included in the filing. In it, Maduro said he understood the laws and practices of the Venezuelan government, adding that he had “the right to ask the government of Venezuela to pay for my legal defense.”

Earlier this week, Pollack informed the court that the U.S. Treasury Department’s Office of Foreign Assets Control approved the licenses requested by Maduro and Flores in January. The licenses were needed to authorize fund transfers because Maduro, Flores and the Venezuelan government are subject to sanctions and the transactions would otherwise be prohibited.

However, hours later, the department changed Maduro’s license, he wrote.

“The amended license relating to Mr. Maduro does not authorize the collection of defense costs from the government of Venezuela,” said Pollack, who added that without a reinstated license, “Maduro would otherwise not be able to afford an attorney.”

The Justice Department declined to comment. The Treasury Department did not immediately respond to a request for comment.