Judge Tosses Maduro’s Bid to Walk Free on Lawyer Fees

A federal judge in Manhattan refused Thursday to dismiss drug trafficking and narcoterrorism charges against Venezuelan dictator Nicolas Maduro, rejecting a defense argument that U.S. sanctions are blocking him from paying his lawyers.

Maduro appeared in court for the first time since his January arraignment. The hearing drew competing crowds outside the courthouse: Venezuelan exiles waving flags in celebration and pro-Maduro demonstrators, organized by the Caracas government, protesting his capture.

Inside the courtroom, Maduro’s defense team argued the case should be thrown out because the Trump administration won’t grant special permission for the Venezuelan government to send money to cover his legal fees. Under existing U.S. sanctions on Venezuela, any payment from Caracas to Maduro’s attorneys would require that permission. The Trump administration has declined to give it.

Maduro is represented by Barry Pollack, one of the country’s top trial lawyers and the attorney who previously defended WikiLeaks founder Julian Assange.

U.S. District Judge Alvin Hellerstein rejected the dismissal motion, saying the defense’s argument was “based on hypotheticals.” Hellerstein said he would revisit the funding question at a later date but gave no specific timeline.

Federal prosecutor Kyle Wirshba pushed back hard on the defense’s position, telling the court that a judge has no authority to order the U.S. government to grant sanctions waivers for a defendant’s legal fees. He said doing so would directly interfere with national security and foreign policy.

“If the purpose of the sanctions is because the defendants are plundering the wealth of Venezuela, it would undermine the sanctions to allow them access the same funds now to pay for their defense,” Wirshba said.

Maduro faces charges of narcoterrorism conspiracy, cocaine importation conspiracy, and using military-grade weapons in furtherance of drug trafficking. Prosecutors allege he used the full machinery of the Venezuelan government to carry out these crimes over multiple decades. He faces life in federal prison if convicted.

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