Maduro asks U.S. court to dismiss case, citing sovereign immunity

Venezuelan President Nicolás Maduro’s defense asked a U.S. federal court on Wednesday to dismiss the criminal case against him, arguing that he is entitled to sovereign immunity as the country’s “de facto head of state.”

Maduro’s attorney, Barry Pollack, filed two motions with the court. The first seeks dismissal of the entire case on sovereign immunity grounds, while the second asks, alternatively, for the dismissal of the narcoterrorism conspiracy charge.

In the first motion, Pollack argued that the U.S. court lacks jurisdiction because Maduro is a de facto head of state and the conduct underlying the charges allegedly involves acts attributable to his official position and state powers.

“He is entitled to both” forms of sovereign immunity, the defense argued, referring to immunity based on his status as head of state and immunity based on official conduct.

The defense also asked the court to dismiss the case with prejudice, which would generally prevent the same charges from being brought again.

Maduro faces charges in the United States including conspiracy to commit narcoterrorism, cocaine importation and possession of automatic weapons. According to the source, he has been held at a detention facility in New York since his capture in Caracas on January 3.

In its second motion, the defense specifically challenged the narcoterrorism charge, arguing that the court lacks jurisdiction and that the charge is improperly formulated under U.S. law.

Pollack argued that the charge seeks to prosecute a foreign national for “exclusively foreign conduct” without properly establishing the required jurisdictional element. He also said the indictment does not adequately allege an intent to harm the United States, its citizens or its interests.

The deadline for Maduro’s defense to present its sovereign immunity arguments was set by Judge Alvin Hellerstein.

U.S. prosecutors have until October 2 to respond to the motions. A hearing on the issues is scheduled for November 17, ahead of Maduro’s trial, which is currently scheduled for June 2027.