Venezuela’s Maduro appeared in court for the first time since his conviction – nationally
Former Venezuelan President Nicolás Maduro and his wife returned to court in New York on Thursday as they sought to have their drug-trafficking charges dismissed amid a national political dispute over legal fees.
The defense and prosecutors argue that Maduro should be allowed to use Venezuelan government funds to pay for his defense. His lawyers insisted that the United States violated the ousted leader’s constitutional rights by blocking government funds from being used for his legal expenses.
Judge Alvin Hellerstein asked why the prosecutors’ argument to block the funds is still standing, now that US-Venezuelan relations have warmed. He did not immediately rule on the matter on Thursday and did not set a time frame for making a decision. A date for the next hearing has not been set.
As supporters and opponents gathered outside, Maduro and his wife, Cilia Flores, appeared in court for the first time since the January trial in which he contested their capture by the United States military and said: “I am innocent. I am an honorable man, the president of my country according to the constitution.”
Flores also pleaded not guilty.
The couple sat at a table of representatives between their lawyers, wearing prison uniforms and headphones to listen to the interpretation.
Apart from drug trafficking, they are accused of ordering the kidnapping, beating and killing of those who owed them drug money or looked down on their smuggling activities. That includes the killing of a drug lord in Caracas, the lawsuit says. If convicted, they face up to life in prison.
Both are being held at the Brooklyn Detention Center, and neither is asking for bail. Hellerstein has not set a trial date.
Meetings are held before the hearing
Groups of protesters gathered outside the court to support and oppose Maduro.
In a noisy scene, protesters and supporters sang, blew trumpets and beat drums and cow bells. Among the anti-Maduro group, one person held up a sign that said “Maduro rot in jail.” On the other side of the metal barrier, people held signs that read “Free President Maduro.”
In Caracas on Thursday morning, several hundred people gathered in a public square including supporters of the ruling party, government workers and members of the military. One of those present, retired Eduardo Cubillan, said he was there to pray for Maduro and Flores and condemn the violation of Venezuela’s sovereignty during the January 3 operation.
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“We hope that in the United States, if justice really exists, there will be a trial that will lead to the freedom of President Maduro, because this kidnapping violated international law, and we want justice to be done,” said Cubillan, 80.
Maduro, 63, and Flores, 69, continue to enjoy some support in Venezuela, with murals and billboards in the capital, Caracas, calling for their return. While Maduro’s ruling party is still in power, he has been gradually removed from the government of Delcy Rodríguez, Venezuela’s acting president.
Rodríguez has replaced top officials including Maduro’s loyal defense minister and attorney general, reorganized organizations, appointed ambassadors and dismantled the regime of the so-called socialist movement that has ruled Venezuela for more than two decades.
Defense financing is a key early issue
Venezuela has since resumed diplomatic relations with the US, which in 2019 severed ties with Maduro’s government and recognized the former head of the National Assembly, a former member of the opposition, as the country’s legitimate leader.
The US eased economic sanctions on Venezuela’s vital oil industry and sent a diplomatic charge to Caracas.
Prosecutor Kyle Wirshba argued Thursday that if the reason for the US sanctions on Venezuela is because Maduro and his wife were looting their country’s wealth, “it will weaken the sanctions to allow them to receive the same funds now to pay for their defense.” Maduro said he does not have the money to pay his lawyers.
Hellerstein questioned that argument, saying that Maduro and Flores’ right to self-defense “takes precedence” over national security and foreign policy interests.
“I don’t see the interest of national security in terms of the right to self-defense,” said the judge.
Among his arguments, Maduro’s lawyer Barry Pollack argued that if Maduro gets public defenders, investigating and fixing his case would drain legal resources for people who can’t afford their own lawyers, and that doesn’t make sense “in a case where you have someone other than the American taxpayer who is ready, willing and able to fund that defense.”
Hellerstein also denied Pollack’s motion to dismiss the case at this time. The judge said Pollack could reconsider the request if the Treasury Department does not change its decision to prevent Venezuela from paying Maduro’s legal fees. The judge agreed that “the government has the right to withhold funds,” but suggested that a license allowing such payments could be “improperly withheld.”
In a statement filed in court last month, Pollack said the Treasury Department’s Office of Foreign Assets Control, which administers sanctions, opposed the decision to allow Venezuela to pay his legal costs. The office approved the plan on Jan. 9, Pollack said, but then withdrew it without explanation less than three hours later.
In a written declaration filed in court, Maduro said he “has the right to have the Venezuelan government pay me for my legal defense.”
Crime centers on drug-trafficking crimes
During a cabinet meeting on Thursday, US President Donald Trump accused Maduro of being “the biggest trafficker of drugs coming into our country.”
Trump said Maduro would be given “a fair trial. But I think there are more trials to come.” He did not provide details, but suggested that the current charges against Maduro may be “part of what he did.”
Maduro and Flores were arrested Jan. 3 when they raided their home in Caracas.
The 25-page indictment accused him and others of working with drug cartels and members of the military to facilitate the shipment of thousands of tons of cocaine to the US.
Post-Maduro, everyday life for most Venezuelans remains the same.
Most public sector workers earn about $160 a month, while the average private sector worker makes about $237. Last year the annual inflation rate rose to 475 percent, according to Venezuela’s central bank, making the cost of food and other essentials beyond the reach of many.
