A US judge has said he would consider dismissing the criminal case against Venezuela's former president Nicolás Maduro if American authorities continue to block his access to funds for legal defence. The warning came during a hearing in Manhattan focused on how Maduro and his wife, Cilia Flores, will pay their lawyers.
Maduro and Flores face charges including narco-terrorism, cocaine importation, and machine gun possession, brought by the US Department of Justice. They were seized from Caracas by US military forces 82 days ago and are being held in the Metropolitan Detention Center in Brooklyn.
Sanctions block government payments
The Venezuelan government has agreed to pay the couple's legal fees, but the payments are being withheld. Kyle Wirshba, the lead prosecutor, stated the US Treasury Department's Office of Foreign Assets Control (OFAC) has not issued a sanctions waiver due to "national security and foreign policy" reasons.
US District Judge Alvin K. Hellerstein, the 92-year-old judge overseeing the case, expressed scepticism. "The defendant is here. Flores is here," he said. "They present no national security threat." He questioned how the couple could be a threat when the previous US administration had engaged with Venezuela.
A 'unique' legal dilemma
Judge Hellerstein, who has presided over cases including those related to the 9/11 attacks, called Maduro's situation "unique." While other cases have dealt with defendants using potentially illicit funds, this involves money from a foreign state subject to comprehensive US sanctions.
Barry Pollack, Maduro's lead attorney, argued the only remedy if OFAC does not relent is to "dismiss the case" and release his client. Judge Hellerstein initially rejected the idea but later stated, "I think it is such a serious step — I'm not going to take it now," adding he would consider it if the impasse continues.
Health concerns and courtroom scenes
During the hearing, which began 40 minutes late, Flores's attorney, Mark Donnelly, revealed she needed an echocardiogram for a heart issue. The judge instructed him to keep the court informed if she did not receive treatment in jail.
Maduro entered the courtroom in a drab khaki jail smock, smiling and greeting his legal team and journalists. Both defendants listened to proceedings through headphones providing Spanish translation. Outside the courthouse, pro- and anti-Maduro protesters gathered, with one man shouting "Viva Maduro!" as he passed.
The path forward
Prosecutor Wirshba explained that forcing OFAC to issue a waiver would require a separate lawsuit in Washington, D.C. Judge Hellerstein concluded the 90-minute hearing by scheduling a future session to determine his next steps, leaving the high-profile case in a state of legal limbo.
Former US President Donald Trump, whose administration brought the indictment, commented from the White House, calling Maduro a "very dangerous man" and hinting that more charges could follow.