Former Venezuelan leader Nicolas Maduro says the U.S. government is interfering with his right to choose a lawyer by blocking his access to Venezuelan government funds.
Was the US capture of Maduro legal?
Venezuelan President Nicolás Maduro and his wife are currently in detention following the US military attack on Caracas.
A federal judge said on March 26 that he would not dismiss drug conspiracy charges against Venezuelan President Nicolas Maduro as he was held in a Manhattan courtroom following a dispute over how to pay for his criminal defense.
Maduro, who was taken from Venezuela by U.S. forces in early January, has pleaded not guilty to charges that he allegedly helped transport thousands of tons of cocaine to the United States. If convicted, he could face decades in prison.
Maduro wore a beige prison uniform during the trial.
President Maduro’s wife, Cilia Flores, was taken from Venezuela by U.S. forces and has pleaded not guilty to similar charges. She also appeared in Manhattan federal court on March 26.
Mr. Maduro’s lawyer, Barry Pollack, argued that the U.S. government was interfering with Mr. Maduro’s right to representation by denying him access to Venezuelan government funds. Therefore, Pollack said the case against Maduro should be thrown out.
Federal Judge Alvin K. Hellerstein, appointed by President Bill Clinton, made clear in a March 26 proceeding that he would not dismiss charges related to the funding dispute, at least for now.
But Hellerstein suggested that the Maduros do not pose a similar threat to the United States now that they are in U.S. custody, potentially undermining the U.S. government’s legitimacy to restrict access to the funds.
“The defendant is here, Flores is here, and they pose no further national security threat,” Hellerstein said. “The right to be involved is the most important of all rights, the right to constitutional counsel.”
Hellerstein did not formally rule on the dispute from the bench.
President Donald Trump, who ordered the military operation to remove Maduro from his country, said at a Cabinet meeting on March 26 that he “imagines there will be a new trial” against Maduro, citing “only a fraction” of the charges the United States has brought against him.
President Trump said Maduro “emptied our country’s prisons, and I hope that one day he will be held accountable for that crime.” The president offered no evidence of that claim.
What is President Maduro’s argument for dismissing the charges?
Mr. Maduro’s lawyer, Mr. Pollack, said the Venezuelan government is required by Venezuelan law to pay for Mr. Maduro’s defense costs, but the U.S. government is blocking him from receiving that money.
“As a result, Mr. Maduro, who lacks the personal funds to hire an attorney, is being deprived of his constitutional right to an attorney of his own choice,” Pollack said in a Feb. 26 court filing.
If Hellerstein does not dismiss the charges, Pollack is seeking permission to withdraw from representing Maduro. In a separate court filing, Flores’ attorney Mark E. Donnelly made a similar request.
Why is the US blocking Venezuelan funding to President Maduro?
U.S. officials have said the Venezuelan public funds sought by the Maduros cannot be used because they are controlled by a government that is subject to U.S. sanctions. However, authorities have granted the pair a limited exception to the sanctions, allowing them to use personal funds to pay for legal fees.
In a written declaration signed under penalty of perjury, President Maduro said he could not afford to pay for his own legal defense and that Mr. Pollack was his lawyer of choice.
Prosecutors say Mr. Maduro and his wife can appoint a lawyer to represent them if they are unable to pay for their own defense. However, the publicly appointed lawyer is not necessarily the lawyer chosen by the two parties.
Contributor: Francesca Chambers, Reuters – USA TODAY
This story has been updated with additional information.
