Deposed Venezuelan Pres. Maduro asks judge to toss out indictment against him
NEW YORK– The lawyer for ousted Venezuelan President Nicolas Maduro asked a judge Thursday to drop the indictment against his client on the grounds that the United States unconstitutionally violated his rights to defend himself by blocking Venezuelan funds intended to pay his legal costs.
Attorney Barry Pollack filed papers in Manhattan federal court claiming the U.S. government violated his client’s due process rights by blocking funds for his defense that should have come from the Venezuelan government.
“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 wrote.
The court filing included a statement from Maduro in which he understood that under Venezuela’s laws and practices, “I have the right to ask the government of Venezuela to pay for my legal defense.”
“I have relied on this expectation and I cannot afford to pay for my own legal defense,” he said.
Maduro added that he was “working” with Pollack on his legal defense and that he “was my lawyer of choice.” The statement was signed “President Nicolas Maduro Moros.”
Maduro and his wife have been in custody in New York since they were arrested in their Venezuelan home in early January during a stealthy, nighttime U.S. military operation. They pleaded not guilty.
A 25-page indictment against Maduro accuses him and others of working with drug cartels and members of the military to facilitate the shipment of thousands of tons of cocaine to the United States. If convicted, he and his wife could face life in prison.
As part of the alleged plot, Maduro and his wife allegedly ordered kidnappings, beatings and murders of those who owed them drug money, according to the indictment. He said this included the murder of a local drug boss in Caracas.
Pollack told a Manhattan judge in an email last week that the U.S. Treasury Department had blocked authorization of legal fees that Venezuela’s government is required to pay for Maduro, although it had authorized payment of fees for the defense of first lady Cilia Flores.
Pollack said the Treasury Department’s Office of Foreign Assets Control, which administers sanctions against Venezuela, granted authorization on Jan. 9 approving payment of legal fees by the Venezuelan government. He said the ministry canceled the permit “without explanation” less than three hours later.
“The conduct of the United States Government undermines not only Mr. Maduro’s rights, but also the mandate of this Court to provide a fair trial to all defendants who appear before it, consistent with the protections afforded by the United States Constitution,” Pollack wrote in court papers submitted Thursday.
“The United States government, while allowing myriad business transactions with Venezuela, prohibits lawyers from receiving untainted funds from the government of Venezuela, despite Venezuela’s obligation to fund Mr. Maduro’s defense. Any trial that proceeds under these circumstances would be constitutionally flawed and could not result in a verdict that would withstand subsequent challenge,” he added.
If the judge leaves the charges against Maduro in place, Pollack said he wants to resign so the court can appoint another lawyer to represent Maduro.
The dispute over Maduro’s legal fees is intertwined with U.S. foreign policy. The first Trump administration severed ties with Maduro in 2019, recognizing the then-opposition leader in the National Assembly as Venezuela’s rightful leader. The Biden administration has closely followed the same policy.
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Goodman reported from Miami.
