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Maduro's Lawyer Cites Head-of-State Immunity in US Drug Charges

other · 2026-07-22

Nicolas Maduro, the ousted Venezuelan president, is seeking dismissal of US criminal drug trafficking charges through a motion filed by his lawyer, Barry Pollack, in Manhattan federal court. The motion argues that Maduro, as a sitting head of state, enjoys absolute immunity from prosecution in foreign courts, a principle long recognized in international law. The charges stem from a US military raid in Caracas that captured Maduro on January 3, and he has been held in a Brooklyn federal jail since. Maduro has pleaded not guilty, with a trial scheduled for June 1, 2027, if the dismissal fails. The case is before US District Judge Alvin Hellerstein, who set a Wednesday deadline for the motion. Pollack contends that the court lacks jurisdiction because heads of state are immune and the alleged acts were part of Maduro's official duties. The motion tests US courts' reluctance to apply international law in criminal cases. Pollack called the prosecution 'unprecedented' and a violation of centuries-old immunity principles. This legal battle highlights the intersection of international law, diplomacy, and US criminal justice, with significant implications for how foreign leaders are treated in US courts.

Key facts

  • Nicolas Maduro's lawyer, Barry Pollack, filed a motion to dismiss drug trafficking charges in Manhattan federal court.
  • The motion argues head-of-state immunity bars prosecution.
  • Maduro was captured in Caracas on January 3 during a US military raid.
  • He is held in a Brooklyn federal jail.
  • Maduro has pleaded not guilty.
  • Trial is scheduled for June 1, 2027, if dismissal fails.
  • The case is before US District Judge Alvin Hellerstein.
  • Pollack claims the prosecution is unprecedented and violates absolute immunity.

Entities

Institutions

  • US District Court for the Southern District of New York
  • US military
  • Manhattan federal court
  • Metropolitan Detention Centre

Locations

  • Venezuela
  • United States
  • Manhattan
  • New York City
  • Caracas
  • Brooklyn
  • New York

Sources