Maduro and Flores Claim Inability to Fund Legal Defense

Nicolás Maduro, the ousted socialist leader of Venezuela, along with his wife, Cilia Flores, stated in a federal court in New York that they lack the financial resources to mount a defense in their ongoing drug trafficking case, as reported by various media outlets.

Both individuals are currently detained at the Metropolitan Detention Center in Brooklyn following an operation authorized by former President Donald Trump to arrest them in Caracas on January 3. They face drug trafficking charges and are set to return to federal court on March 26.

The trial is under the jurisdiction of District Judge Alvin Hellerstein.

In a recent filing, comfortably ahead of the upcoming hearing, lawyers representing Maduro and Flores submitted a document that includes assertions from the couple claiming financial incapacity. They expressed willingness to provide proof of their financial situation should the court demand it, according to a report from EFE, a Spanish news agency.

Both Maduro and Flores are subject to sanctions from the U.S. Treasury’s Office of Foreign Assets Control (OFAC). Pollack, who previously represented WikiLeaks founder Julian Assange, alleged in February that the Trump administration is hindering the Venezuelan government from covering Maduro’s legal expenses. He appealed to Judge Hellerstein to dismiss the case, arguing that it violates the Sixth Amendment rights of Maduro.

In the latest document, the defense emphasized that the refusal of the Venezuelan government to pay for Maduro’s legal fees infringes upon constitutional rights guaranteed by the Sixth and Fifth Amendments. Reports indicate their lawyers maintained that forcing defendants to accept publicly appointed attorneys against their will is inherently not a valid solution to a violation of their right to choose legal counsel. They urged Judge Hellerstein to either dismiss the charges due to an “unconstitutional” process or convene a hearing to further discuss the matter.

The legal filing stated, “This court cannot permit this case to advance while infringing upon the constitutional rights of Mr. Maduro and Mrs. Flores de Maduro; the sole remedy is dismissal.”

Pollack also mentioned in February that, as per Venezuelan law, the government typically covers the costs for the president and first lady. Meanwhile, U.S. Attorney Jay Clayton cited a recent “Expression of Interest” indicating that the United States has not acknowledged Maduro as the legitimate leader since January 2019. Allegations of Maduro’s illegal retention of power through misleading elections in 2018 surfaced during this discussion.

The statement further clarified that the U.S. recognizes Delcy Rodriguez as the president, part of a plan proposed by Trump aimed at restoring democracy in Venezuela.

In previous reports, it was claimed that Maduro spent a night in prison asserting, “I am president” and alleging that he was “kidnapped,” according to Spain’s ABC newspaper.