Deposed Venezuelan President Nicolas Maduro asks judge to toss out indictment against him
NEW YORK (AP) — A lawyer for ousted Venezuelan President Nicolas Maduro asked a judge on Thursday to throw out an indictment against his client, saying the United States unconstitutionally violated his rights to defend himself by blocking Venezuelan funds to cover his legal costs.
Attorney Barry Pollack said in documents filed in Manhattan federal court that the U.S. government violated his client’s due process rights by blocking funds from the Venezuelan government that were supposed to come from the Venezuelan government for his client’s defense.
“As president of Venezuela, Mr. Maduro has both the right and the expectation that the legal fees associated with these charges be funded by the Venezuelan government,” Pollack wrote.
The court presentation included a statement from Maduro in which he said he understood that under Venezuelan laws and practices, “I have the right to pay the Venezuelan government for my legal defense.”
“I relied on this expectation and cannot afford the costs of my own legal defense,” he said.
Maduro added that he has “worked” with Pollack on legal defense and that he “is my preferred advisor.” The signature of the declaration was “President Nicolas Maduro Moros.”
Maduro and his wife have been detained in New York since they were seized from their home in Venezuela in a covert nighttime US military operation in early January. They pleaded not guilty.
25-page indictment Against Maduro, they accused him and others of working with drug cartels and members of the military to facilitate drug shipments. thousands of tons of cocaine If convicted in the US, both he and his wife face life imprisonment.
As part of the alleged conspiracy, Maduro and his wife allegedly ordered the kidnapping, beating and killing of people who owed them money for drugs, according to the indictment. This was said to include the murder of a local drug kingpin in Caracas.
The U.S. Treasury Department blocked approval of legal fees that the Venezuelan government must pay for Maduro, but authorized the payment of fees for the defense of First Lady Cilia Flores, Pollack said in an email to a Manhattan judge last week.
The Treasury Department’s Office of Foreign Assets Control, which administers sanctions against Venezuela, approved payment of the Venezuelan government’s attorney fees on Jan. 9, Pollack said. He said the ministry revoked the permit less than three hours later “without explanation.”
“The conduct of the United States government not only undermines the rights of Mr. Maduro, it also undermines the authority of this Court to provide all defendants appearing before it a fair trial, consistent with the protections provided by the U.S. Constitution,” Pollack wrote in court documents filed Thursday.
“Even while allowing numerous business transactions with Venezuela, the United States government prohibits attorneys from receiving no-fault funds from the Venezuelan government, despite Venezuela’s obligation to fund Mr. Maduro’s defense. Any litigation that would proceed under these circumstances would be constitutionally flawed and would not result in a decision that could withstand subsequent challenges,” he added.
The U.S. Department of Justice did not immediately respond to a message left by The Associated Press seeking comment.
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 closely tied to US foreign policy. The first Trump administration cut ties with Maduro in 2019 and recognized the then opposition leader of the National Assembly as the legitimate leader of Venezuela. The Biden administration has also strictly adhered to the same policy.
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Goodman reported from Miami.
