WASHINGTON—Nicolás Maduro, the Venezuelan leader, is likely to attempt a last-minute legal maneuver by asserting head of state immunity to evade prosecution. However, a Justice Department official stated that Washington does not recognize him as a legitimate leader of Venezuela.
During his initial court appearance on Monday, Maduro insisted he remains “the president” of Venezuela. Yet, legal experts interpret this more as a strategic move to lay groundwork for a future defense rather than a mere outburst.
A U.S. official commented, “President Maduro will probably argue for immunity based on two claims: either asserting his legitimacy or stating that his immunity is upheld with the vice president’s approval.”
According to international law, a sitting head of state typically cannot be prosecuted in a foreign court. However, Maduro faces serious charges, including narco-terrorism, cocaine import conspiracy, and possession of military-grade weapons.
If he tries to claim immunity, U.S. officials would contend that he has no grounds since the U.S. has never acknowledged him as Venezuela’s rightful president, according to Justice Department representatives.
In a parallel situation, Manuel Noriega, a former dictator of Panama, attempted a similar defense after being captured in 1989. His argument was dismissed, and he spent the rest of his life in prison, as noted by a former prosecutor who doubts Maduro will be more successful.
The former prosecutor emphasized, “Who we recognize as the head of state is determined by administrative choices, so the U.S. has never regarded Mr. Maduro as the head of state since 2019. He is constantly under investigation, making it unlikely that his argument will hold.”
Jason Marczak, from the Atlantic Council, stress that the indictment against Maduro is worded to deny him any possible immunity claims linked to his position.
“The indictment carefully states he is the ‘de facto leader of Venezuela,’ not asserting he’s the current president. Many countries stopped recognizing Maduro as president after the questionable 2019 election,” he shared.
Maduro’s team is likely to argue that the U.S. cannot have contradictory stances. There’s concern among U.S. officials that interactions with Delcy Rodriguez—Vice President and current leader—might imply recognition of Maduro’s government.
The legal confrontation could hinge on the delicate issue of whether U.S. dealings with Rodriguez signify acknowledgment of Maduro’s regime. Some experts warn that immunity claims often rely on moral arguments rather than purely legal ones, and any vagueness could provide Maduro a way to complicate the process, which has already been prolonged by sensitive evidence.
This has raised alarms within the Justice Department. They are apprehensive that unless the U.S. clearly distances itself from Rodriguez, Maduro might present a surprisingly persuasive argument for immunity.
“The Justice Department may assert that the U.S. has not recognized Mr. Maduro since 2019 and therefore no authority can grant him immunity. It’s crucial to clearly identify legitimate opposition leaders to avoid ambiguities that might support immunity claims,” the official remarked.
Rodriguez often represents the regime internationally, even as Maduro himself distances from her. This inconsistency—engaging with top officials while not recognizing Maduro—could jeopardize the case.
Despite this, Gregory expressed doubt that Rodriguez’s role would bolster Maduro’s defense.
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He posed a rhetorical question: “If someone were to indict Donald Trump, would that automatically involve the vice president? There’s no clear-cut answer unless he was personally involved with the president.”
Marczak also raised concerns that U.S. engagement with Rodriguez might not significantly affect perceptions of Maduro’s legal status as president.
“Rodriguez was never a candidate for the presidency; her election was solely as vice president. The vote was for Maduro,” he clarified. “The U.S. has been careful not to call her ‘acting president,’ just describing her as a new leader or ruler.”
Neither the Justice Department nor Maduro’s legal team has made any comments regarding these developments.
