Sovereign Immunity Defense
Maduro and Wife File Motions to Dismiss U.S. Drug Charges Claiming Sovereign Immunity
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Key Points
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The defense seeks to dismiss the case with prejudice, aiming to block refiled charges if the court grants dismissal.
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A direct quotation from Maduro's attorneys argues that 'No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought.'
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Maduro and Cilia Flores have been held in a Brooklyn jail since U.S. forces captured them in January and transported them to New York for the case.
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The defense argues for conduct-based sovereign immunity, contending that acts performed in Maduro’s official duties (including examples like deploying the military and related official acts) should be immune from U.S. prosecution.
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The fourth superseding indictment expands to narco-terrorism and related firearm/destructive-device charges, including counts of possession of machine guns and destructive devices and conspiracy to possess them.
Nicolas Maduro and his wife Cilia Flores filed motions in Manhattan federal court to dismiss drug trafficking charges, claiming they enjoy sovereign immunity as Venezuela's sitting head of state and first lady ABC News. The defense argues that a foreign leader cannot be prosecuted in another country's courts for acts tied to their official duties. A hearing on the motions is scheduled for November 17, with trial set for June 1, 2027, if the case is not dismissed Yahoo News.
The couple, held in a Brooklyn jail since their January capture, face expanded charges including narco-terrorism and weapons conspiracies. Maduro's attorneys argue no American court has ever tried a sitting foreign leader recognized by their own country Morning Chronicle. They seek dismissal "with prejudice" to block prosecutors from refiling charges if the court agrees.
How Sovereign Immunity Claims Work in Court
Under international law, sitting heads of state traditionally enjoy absolute immunity from foreign criminal prosecution. Maduro's legal team argues this principle should shield him from U.S. jurisdiction ABC News. The defense claims that prosecuting him would violate established rules protecting foreign leaders from trial in courts outside their nation.
Maduro's attorney Barry Pollack stated: "No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought Yahoo News." The defense argues acts performed in his official capacity — like military deployment — should remain immune.
The Expanded Drug and Terror Charges Maduro Faces
A January 2026 superseding indictment expanded the case significantly. Maduro now faces narco-terrorism counts, cocaine conspiracy charges, and firearms violations including machine gun and destructive device possession Morning Chronicle. The new counts reflect prosecutors' more aggressive stance against the Venezuelan leader.
The indictment alleges Maduro used Venezuela's military and state institutions to traffic drugs and support armed groups Yahoo News. These aren't limited to simple narcotics charges but extend to terrorism-related conduct, making the case substantially more serious than initial filings.
Why Dismissal "With Prejudice" Matters for the Defense
Maduro's team asked the court to dismiss the charges "with prejudice." This legal term means the case cannot be refiled. Without it, prosecutors could drop charges and immediately restart the prosecution ABC News. Winning this language would give the defense a major strategic advantage.
If the judge agrees that sovereign immunity applies, dismissing with prejudice would end the criminal case permanently. Maduro and Flores remain jailed in Brooklyn pending the November 17 hearing on the immunity motions Morning Chronicle.
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