NEW YORK — Former Venezuelan President Nicolás Maduro and his wife Cilia Flores filed motions in Manhattan federal court on Wednesday seeking to dismiss drug trafficking indictments against them. The filings argue that both defendants are protected from U.S. prosecution by sovereign immunity, with Maduro claiming status as a sitting head of state and Flores asserting protections as the former first lady.

Maduro's lawyers argued that he has immunity from U.S. prosecution as the recognized sitting head of state of Venezuela at the time charges were brought. Lawyer Barry Pollack wrote in the filing: "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." Pollack added: "That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own." The legal team also argued that even if Maduro is not entitled to status-based sovereign immunity, the case must be dismissed because he is entitled to conduct-based sovereign immunity for acts performed as head of state. Pollack stated: "If this case were to proceed to trial, it would be apparent that he has been falsely accused." Maduro served as vice president of Venezuela from 2012 to 2013 and as minister of foreign affairs from 2006 to 2012.

Cilia Flores filed separate papers arguing she has immunity from U.S. prosecution on sovereign immunity grounds as the former first lady of Venezuela. Her lawyers wrote: "It is an attribute of Venezuela's sovereignty, and only Venezuela may surrender it." Flores served as president of the National Assembly of Venezuela from 2006 to 2011 and was First Lady of Venezuela from 2013 to 2026. Federal prosecutors are scheduled to file a response to the dismissal motions later this month. Judge Alvin K. Hellerstein scheduled oral arguments for November 17 on the motions to dismiss the indictment.

Why It Matters

The motion to dismiss raises questions regarding the application of sovereign immunity to foreign leaders detained in the United States. The outcome could establish precedent for how U.S. courts handle criminal prosecutions against sitting or recently deposed heads of state. The case involves high-stakes allegations of international drug trafficking and potential life sentences, drawing attention to the intersection of international law and domestic criminal procedure. The scheduling of oral arguments for November 17 indicates the court will address these complex legal theories before the trial date set for June 1, 2027.

Timeline

In 1990, a federal judge in Miami rejected former Panamanian military leader Manuel Noriega’s attempt to assert head-of-state immunity. President Donald Trump authorized the military raid in Caracas that resulted in Maduro's capture on January 3. Maduro, 63, and Flores, 69, have been held at a Brooklyn jail since U.S. forces seized them from their Caracas home in a raid in early January.

In July, a federal judge in New York decided that Maduro and Flores will stand trial on June 1, 2027. The U.S. and Venezuela reached a deal last month for the U.S. to take over about one-fifth of Venezuela’s oil reserves. Maduro wrote on Telegram: "We will remain strong, calm and confident: God is with us. God will provide. Venezuela will rise again." Maduro wrote on social media: "I send these photos as a small gift to all my grandsons and granddaughters, to the boys and girls, and to all the noble people who love us."

What's New

Maduro wrote on Telegram: "We will remain strong, calm and confident: God is with us. God will provide. Venezuela will rise again." The official record states that Nicolas Maduro's legal team argued in a court filing that he is recognized by the Bolivarian Republic of Venezuela as its head of state, which grants him immunity from prosecution in the US as the head of a sovereign country. Maduro wrote on social media: "I send these photos as a small gift to all my grandsons and granddaughters, to the boys and girls, and to all the noble people who love us." Maduro wrote on social media: "I want you to know that we stand firm, with our hearts full of your love, that love that reaches us transformed into prayer, into constant action, into solidarity and true support." President Donald Trump authorized the military raid in Caracas that resulted in Maduro's capture on January 3. A hearing on Maduro's motion to dismiss is scheduled for November 17, set by U.S. District Judge Alvin K. Hellerstein. In July, a federal judge in New York decided that Maduro and Flores will stand trial on June 1, 2027.