Maduro and Wife Ask US Court to Drop Drug Charges, Citing Head-of-State Immunity

Former Venezuelan President Nicolas Maduro and his wife, Cilia Flores, have asked a US federal judge to dismiss the drug trafficking charges against them, arguing that they are protected by head-of-state and sovereign immunity. In filings submitted to Manhattan federal court on Wednesday, lawyers representing Maduro argued that the indictment should be dismissed because US courts cannot prosecute a foreign head of state who was recognised by his own country as its sitting leader when the charges were filed. His attorneys said immunity for foreign heads of state is a long-standing principle that prevents national courts from subjecting such leaders to criminal proceedings.

Maduro and Flores are scheduled to stand trial on June 1 next year. Judge Alvin K. Hellerstein has set November 17 for oral arguments on the couple's requests to have the indictment dismissed. Flores, who served as Venezuela's first lady, submitted a separate filing through her lawyers claiming sovereign immunity. Her legal team argued that the protection is connected to Venezuela's sovereignty and can only be waived by the Venezuelan government.

Maduro's lawyers also put forward an alternative argument, saying that even if the judge does not accept his claim of immunity as a head of state, he should still be protected by conduct-based sovereign immunity for actions allegedly carried out in his official capacity. The former Venezuelan leader has strongly rejected the allegations against him. His lawyers said Maduro maintains his innocence and argued that a trial would ultimately show that he had been falsely accused.

Maduro, 63, and Flores, 69, have both pleaded not guilty. The case originated several years ago and initially involved a number of alleged co-conspirators. The couple has been held at a federal detention facility in Brooklyn since January, following a US operation in Caracas that resulted in their capture and transfer to New York.

The charges accuse Maduro and others of participating in a conspiracy involving the movement of cocaine into the United States. Prosecutors allege that Maduro worked with Venezuelan officials and law-enforcement figures to facilitate drug trafficking networks and assist major cocaine traffickers. If convicted of the alleged conspiracy, Maduro and Flores could face life imprisonment. The administration of US President Donald Trump has defended the operation that led to Maduro's capture, describing it as a targeted law-enforcement action. Maduro has rejected that characterization, calling himself a prisoner of war and describing his capture as a kidnapping. US prosecutors are expected to submit their response to the immunity claims later this month. The court will then consider the arguments before deciding whether the case can proceed toward the scheduled trial.

Disclaimer: This image is taken from Reuters.