Maduro lawyer argues against US halting defence funding
A US judge has questioned the US government’s justification for blocking ousted Venezuelan President Nicolas Maduro from using the South American country’s funds for his legal defense against US drug trafficking charges, but said he would not dismiss the case against him on that basis.
Maduro and his wife, Cilia Flores, wore beige prison garb to a hearing in Manhattan federal court more than two months after U.S. military forces launched a surprise raid on Caracas, captured them and took them to New York.
Maduro, 63, and Flores, 69, pleaded not guilty to charges including narcoterrorism conspiracy and were jailed awaiting trial in Brooklyn.
They had asked U.S. District Judge Alvin Hellerstein to dismiss the charges, saying their inability to rely on Venezuelan public funds interfered with their right to an attorney of their choice under the sixth amendment of the U.S. constitution.
Their lawyers said Maduro and Flores could not pay their defense fees alone.
Prosecutor Kyle Wirshba said U.S. sanctions blocking the payments were based on existing national security and foreign policy interests.
Hellerstein was skeptical of this claim, noting that the United States has relaxed sanctions against Venezuela since Maduro’s ouster.
“The defendant is here, Flores is here. They no longer pose a national security threat,” said Hellerstein, a judicial appointee of Democratic president Bill Clinton.
“This right, which prevails over all other rights, is the constitutional right to counsel.”
Maduro lawyer Barry Pollack, who represents WikiLeaks founder Julian Assange, said he wants to withdraw from the case if Hellerstein does not deny the charges and the Venezuelan government cannot pay his fees.
It is unknown how much Pollack received from Maduro for his services.
Pollack did not respond to a request for comment.
Earlier Thursday, US President Donald Trump told reporters that additional lawsuits would be filed against Maduro, without providing details.
U.S. special forces captured Maduro and Flores in a surprise raid on their home in Caracas on January 3 and flew them to New York to face drug trafficking charges.
Maduro was transferred from the Metropolitan Detention Center in Brooklyn to the federal courthouse in lower Manhattan early Thursday.
Outside the courthouse, police separated dozens of Maduro opponents – one of whom was holding a statue of Maduro in an orange jumpsuit – from dozens of pro-Maduro demonstrators carrying signs reading “Free President Maduro.”
Maduro and his wife say that in accordance with Venezuelan law and custom, the government covers the expenses of the president and his wife.
Prosecutors argue that he and Flores should not have expected the US government to allow Venezuela to pay their legal fees because the US has not recognized Maduro as the legitimate president of Venezuela since 2019.
Prosecutors say Maduro and Flores could be appointed public defenders if they cannot afford their own lawyers.
Maduro faces four felony charges, including narcoterrorism conspiracy, which criminalizes drug trafficking to help finance activities the United States considers terrorism.
A Reuters analysis of court records found the law was rarely tested at trial, and two in four trial convictions were overturned because of issues with witness credibility.
Relations between Venezuela and the United States have improved since Maduro became interim president following the capture of former vice president Delcy Rodriguez.
