Kidnapped Venezuelan President Maduro and wife Ask Court to Dismiss Fake Charges in Rigged Case

Ousted Venezuelan President Nicolás Maduro and his wife Cilia Flores, filed separate motions Wednesday in Manhattan federal court seeking dismissal of the charges against them. Maduro argued that he remains Venezuela’s head of state for immunity purposes, notwithstanding the United States’ refusal to recognize him as the country’s legitimate president. Flores contended that she is also protected as the spouse of a sitting head of state.

Maduro’s attorney, Barry Pollack, filed two motions before US District Judge Alvin K. Hellerstein. The first seeks the dismissal of the entire Fourth Superseding Indictment. In a supporting memorandum, Maduro argued that customary international law grants him status-based head-of-state immunity. His lawyers cite the International Court of Justice’s Arrest Warrant case, which recognized broad immunity from foreign criminal jurisdiction for incumbent holders of certain senior state offices.

Additionally, Maduro claimed conduct-based immunity as the indictment relies partly on actions allegedly performed through his governmental positions. His attorneys characterized the issuing of diplomatic passports, deploying the military, and implementing foreign policy as official acts attributable to the Venezuelan state.

Maduro’s second motion seeks dismissal of count one, that of narco-terrorism conspiracy under 21 U.S.C. § 960a. His memorandum argues that the indictment fails to establish statutory jurisdiction or a sufficient nexus to the United States, and improperly applies the law to foreign conduct.

Flores’ separate motion seeks the dismissal of counts two, three and four. Her memorandum argues that she shares Maduro’s status-based immunity as the spouse of Venezuela’s head of state, and also possesses conduct-based immunity. Her lawyers wrote that her immunity “is an attribute of Venezuela’s sovereignty, and only Venezuela may surrender it.” [MORE]