New York Court rejects Nicolás Maduro and Cilia Flores' claims of immunity ahead of drug trafficking trial

The U.S. Attorney's Office asked a New York court to deny the motion filed by Nicolás Maduro's defense team seeking to dismiss the narco-terrorism charges against him, arguing that the defendant is not entitled to immunity.

In the document filed with the U.S. District Court in Manhattan, federal prosecutors emphasized that Maduro and his wife, Cilia Flores, are "former officials of an illegitimate regime in an illegitimate state with no right to immunity."

This position formally responds to the defense's request, which last month argued that Maduro should be exempt from criminal prosecution because he served as Venezuela’s head of state. 

Diplomatic non-recognition removes legal protection

The prosecution argued that President Donald Trump's 2019 decision to withdraw Maduro’s official recognition as head of state is accorded "absolute deference" by U.S. courts under the law.

Prosecutors specified that Washington currently recognizes Delcy Rodríguez as interim president and noted that the Venezuelan interim government has not requested any form of immunity or diplomatic protection for the defendant.

Maduro, 63, and Flores, 69, remain in custody at a federal detention center in Brooklyn after being captured by U.S. military forces during an operation carried out on January 3. The formal indictment includes charges of conspiracy to import cocaine, conspiracy to commit narco-terrorism, and possession of machine guns and destructive devices.

Alliances with terrorist organizations and risk of life in prison

According to the Department of Justice's indictment, Maduro used his positions in the Venezuelan government for more than a quarter of a century to enrich himself illegally, systematically collaborating with organizations designated by the United States as foreign terrorist groups.

Both defendants pleaded not guilty to the charges. If convicted, they face sentences of life in prison. The Manhattan court is scheduled to hold a hearing this Thursday to consider a bail request filed by Cilia Flores's defense team, while the main proceedings move toward the trial phase.