New York (AFP) - Ousted Venezuelan President Nicolas Maduro and his wife Celia Flores asked a US judge to drop drug trafficking charges against them, based on their immunity as president and first lady of a sovereign state.
Published on: 03/09/2026 - 16:07 Last updated: 03/09/2026 - 18:34
Maduro and Flores have been held in a Brooklyn prison since they were arrested by US forces in a military operation in Caracas on January 3.
Maduro and Flores have pleaded not guilty to US federal charges related to drug and firearms trafficking.
A New York court is scheduled to hold a hearing on November 7 to consider their request to drop the charges, while their trial date has been set for June 2027.
In a memorandum prepared by the duo's lawyers and sent to the judge on Wednesday night, Maduro considered that the American court "does not have jurisdiction" to try him and his wife.
The memorandum stated, “No American court has ever considered a criminal trial against a foreign leader who was recognized by his country as the acting head of state at the time the charges were brought against him.”
She added, "This is not just a historical coincidence, but rather reflects a rule that precedes common law: heads of state are exempt from criminal proceedings before any national court except the courts of their country."
The memo stated that Maduro is also entitled to sovereign immunity, because the US charges relate to acts he allegedly committed while serving as president.
US prosecutors say Maduro used state power to protect and promote drug trafficking operations, and allied with cartels to export tons of cocaine to the United States.
On the other hand, Maduro pleaded not guilty to four charges, related to conspiracy in the “drug terrorism” case, conspiracy to import cocaine, possession of machine guns and explosive devices, and conspiracy to possess them.
As for Flores, she pleaded not guilty to three charges, the first related to conspiracy to import cocaine, the second to possession of machine guns and canisters, and the third to conspiracy to possess weapons.
Maduro said on Sunday that he was "steadfast" in a post on social media that included two photos of himself from inside prison, in which he appeared wearing a gray tracksuit and making a victory sign with both hands.
Maduro had previously described himself in court as a "prisoner of war."
Since his arrest, his deputy, Delcy Rodriguez, has assumed the acting leadership of Venezuela, amid intense pressure from the Donald Trump administration.
This week, American energy companies signed a series of multibillion-dollar agreements with Venezuela, days after the South American country agreed to give the United States control of a large portion of its huge oil reserves.
Critics in the United States and Venezuela accuse Trump of blackmailing the country after ousting Maduro, and warn that Rodriguez may face a similar fate if she does not respond to American demands.
© 2026 AFP
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