Maduro Asks US Judge To Dismiss Drug Trafficking Charges, Citing Immunity

Maduro's lawyer, Barry Pollack, made the argument in a filing before U.S. District Judge Alvin Hellerstein in Manhattan federal court. The defense says heads of state are protected by sovereign immunity and that Maduro's alleged conduct was carried out as part of his official duties.

The charges formed the basis for a U.S. military operation in Caracas on Jan. 3, when American forces captured Maduro and brought him to the United States. He is being held in a federal jail in Brooklyn and has pleaded not guilty to the charges.

Maduro's legal challenge is expected to test how U.S. courts apply international-law protections to foreign leaders accused of criminal conduct. Reuters reported that legal experts see significant obstacles to his immunity argument, including the fact that the United States has not recognized Maduro as Venezuela's legitimate president since 2019.

U.S. courts have also previously rejected similar arguments by foreign leaders. Reuters noted the 1990 case of former Panamanian leader Manuel Noriega, who was captured by U.S. forces and later prosecuted in the United States.

Maduro has denied the allegations against him and maintains that he is innocent. His defense has also challenged the legality of his capture and the U.S. prosecution.

Judge Hellerstein is scheduled to hear arguments on the dismissal motions on Nov. 17. The U.S. government is expected to respond to Maduro's request, while his trial is currently scheduled to begin on June 1, 2027, if the case is not dismissed.

The case has broader implications for the limits of U.S. jurisdiction over foreign leaders and the extent to which international-law principles of sovereign immunity can be invoked in American criminal proceedings.

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