NEW YORK, Ousted Venezuelan President Nicolas Maduro has asked a US judge to dismiss criminal drug trafficking charges against him.
Maduro argues that he should have immunity from prosecution because he was the head of a sovereign state.
His lawyers filed the request in Manhattan federal court on Wednesday.
The charges formed the legal basis for the US military operation that captured Maduro in Caracas on January 3.
Maduro has pleaded not guilty. If the court rejects his request, his trial is scheduled to begin on June 1, 2027.
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Immunity Argument Puts International Law to the Test
Maduro’s legal challenge centers on the principle of head-of-state immunity.
International law has traditionally protected sitting foreign leaders from prosecution by other countries. The principle remains an important part of diplomatic relations.
Maduro’s case will test how US courts apply that principle in a criminal prosecution.
US District Judge Alvin Hellerstein is handling the case in Manhattan.
Legal experts cited by Reuters say Maduro faces a difficult legal battle.
The United States has not recognized Maduro as Venezuela’s president since 2019. US courts have also generally deferred to the executive branch when questions arise over recognition of foreign leaders.
US Has Rejected Maduro’s Election Claims
Washington stopped recognizing Maduro as Venezuela’s president after his 2018 election victory.
The US government said the election was not free or fair. Washington also rejected Maduro’s claimed victory in the 2024 presidential election.
Maduro has rejected those allegations. He has maintained that both elections were legitimate.
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He has also accused Washington of seeking to remove him from power to gain control of Venezuela’s oil resources.
Previous US Case Offers Little Support
Cases involving foreign heads of state in US criminal courts remain extremely rare.
However, a previous case may make Maduro’s immunity argument more difficult.
In 1990, a federal judge in Miami rejected former Panamanian military leader Manuel Noriega’s claim of head-of-state immunity.
The judge partly relied on the fact that Noriega had never officially held the title of president.
Maduro’s lawyers are now seeking to persuade the Manhattan court that international law protects him from prosecution.
Delcy Rodriguez Leads Venezuela
Since Maduro’s capture, Vice President Delcy Rodriguez has taken control of Venezuela.
Rodriguez is a socialist ally of Maduro and has increased cooperation with the administration of US President Donald Trump.
The two countries reached an unprecedented agreement last month. The deal would give the United States control over about one-fifth of Venezuela’s oil reserves, according to the report.
Court Sets Next Steps
US prosecutors have until October 2 to respond to Maduro’s motion to dismiss the indictment.
Judge Hellerstein has scheduled a hearing on the dismissal request for November 17.
The court’s decision could determine whether Maduro faces trial in the United States in June 2027.
The case is also drawing international attention because it raises questions about head-of-state immunity, diplomatic recognition and the limits of US criminal jurisdiction over foreign leaders.
