A LEGAL FIGHT BEGINS
As a criminal defendant in the US legal system, Maduro will have the same rights as any other person accused of a crime – including the right to a trial by a jury of regular New Yorkers. But he’ll also be nearly – but not quite – unique.
The stakes were made clear from the outset as Maduro, who took copious notes throughout the proceedings and wished a Happy New Year to reporters in court, repeatedly pressed his case that he had been unlawfully abducted.
“I am here kidnapped,” Maduro said. “I was captured at my home in Caracas.”
US District Judge Alvin Hellerstein, a 92-year-old Clinton appointee, interrupted him, saying: “There will be time and place to go through all of this,” Hellerstein added that Maduro’s attorney could do so later.
“At this time, I just want to know if you are Nicolás Maduro Moros,” which Maduro confirmed that he was.
Maduro’s lawyers are expected to contest the legality of his arrest, arguing that he is immune from prosecution as head of state. Barry Pollack, a prominent Washington lawyer whose clients have included WikiLeaks founder Julian Assange, said Maduro is “head of a sovereign state and entitled to the privilege” that the status ensures. He also said the defense would raise “questions about the legality of his military abduction.”
Panamanian strongman Manuel Noriega unsuccessfully tried the same immunity defence after the US captured him in a similar military invasion in 1990. But the US doesn’t recognize Maduro as Venezuela’s legitimate head of state – particularly after a much-disputed 2024 re-election.
Maduro’s wife, Cilia Flores, also pleaded not guilty on Monday. She had bandages on her forehead and right temple, and her lawyer said had she suffered “significant injuries” during her capture.