NEW YORK - Former Venezuelan president Nicolás Maduro has formally asked a federal court in New York to dismiss the U.S. criminal case against him, arguing that the United States is blocking his right to a fair defence by refusing to allow the Venezuelan government to pay his legal fees. The motion was filed this week by his lawyer Barry Pollack in the U.S. District Court for the Southern District of New York.
Maduro is facing drug trafficking and corruption charges in the United States tied to alleged involvement with narcotics cartels, and he has pleaded not guilty along with his wife, Cilia Flores, after being captured and brought to New York earlier this year.
In his written motion, Pollack says that the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) initially granted a special license on January 9 that would allow the Venezuelan government to fund Maduro’s legal defence, but then revoked or amended that licence within hours, effectively preventing the transfer of funds for his attorney’s fees. The lawyer argues that this interference violates Maduro’s constitutional rights under the Sixth Amendment and deprives him of the ability to hire counsel of his choice.
Maduro himself submitted a sworn declaration stating he cannot afford his defence without government support and that Venezuelan law and custom obligate the state to pay the legal costs of its president. He said he chose Pollack as his counsel for his initial court appearance on January 5 and expects the Venezuelan government to cover those fees. Pollack suggested he may withdraw from the case if the licence is not reinstated.
In supporting documents, Venezuela’s attorney Henry Rodríguez Facchinetti backed the argument that Caracas is legally prepared to pay for the defence and that the funds are legitimate and unrelated to any criminal allegations.
Pollack contends that the U.S. government “authorizes numerous commercial transactions” with Venezuela while selectively blocking funds intended for Maduro’s legal defence. He warned that proceeding with the trial under these conditions could be unconstitutional and fundamentally unfair.
The United States Department of Justice and the Treasury have not publicly commented on the motion or the funding dispute. If the judge denies the request to dismiss the case, Pollack has indicated he may seek judicial permission to step down, citing his inability to continue without funding support.
Maduro’s legal challenge adds a new dimension to the high-profile prosecution, highlighting complex interactions between sanctions policy, constitutional rights and diplomatic tensions as the case unfolds.