Nicolás Maduro and Wife Claim Immunity in Brazen Bid to Bury Drug Charges [WATCH]

Former Venezuelan leader Nicolás Maduro and his wife, Cilia Flores, are asking a federal judge in New York to dismiss the charges against them, arguing that Maduro is protected by sovereign immunity and that the indictment does not establish proper jurisdiction, as reported by Fox News.

The request was filed Wednesday as Maduro and Flores continue to face federal charges stemming from allegations that Maduro used his political position to facilitate cocaine trafficking and other criminal activity.

Maduro’s attorneys argue that the case presents an unprecedented legal situation because the United States is seeking to prosecute a foreign leader who, at the time the charges were brought, was recognized by Venezuela as its sitting head of state.

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“No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought. That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own,” a memorandum filed by Maduro’s lawyers states.

“That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns. Thus, this Court lacks jurisdiction with respect to Mr. Maduro, who is recognized by the Bolivarian Republic of Venezuela as its head of state,” the document continued.

The Southern District of New York unsealed a fourth superseding indictment against Maduro and Flores in January 2026. Maduro was charged with narco-terrorism conspiracy, while both he and Flores face charges of cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.

According to the indictment, Maduro allegedly used his positions in Venezuela, first as a deputy in the country’s National Assembly and later as president, to work with major international drug trafficking organizations to facilitate the movement of cocaine into the United States.

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Maduro’s attorneys dispute those allegations and contend that actions identified in the indictment were undertaken as part of his official responsibilities as Venezuela’s head of state.

“The official character of these acts — such as issuing diplomatic passports, deploying the military, and announcing Venezuelan foreign policy — is apparent from the face of the Indictment. Because these actions were undertaken in his official capacity on behalf of a foreign sovereign, he may not be required to respond in this Court to the Indictment’s characterizations of his motives and intent in taking these actions,” the document reads.

The legal team is also challenging the case on due process grounds. According to the motion, Maduro “vehemently denies that he had anything to do with drug trafficking or intended to benefit anyone engaged in terrorism.”

The defense argues that the charges fail to adequately demonstrate that the alleged conduct occurred in, or was directed toward, the United States in a manner sufficient to establish jurisdiction.

The motion specifically addresses the federal narcoterrorism statute, which was enacted in 2006 as part of the reauthorization of the USA PATRIOT Act.

“The narcoterrorism statute, which was enacted in 2006 in connection with the reauthorization of the USA PATRIOT ACT, was intended to target foreign conduct. Recognizing that its power to police the rest of the world is not unlimited, Congress included a jurisdictional element that authorizes the use of the statute to prosecute foreign conduct under only five enumerated scenarios in which the foreign conduct is connected to the United States. Ignoring those parameters set by Congress, the Indictment fails — even by tracking the statutory language — to allege any basis for jurisdiction over the solely foreign conduct it alleges,” the motion states.

The United States officially declared Maduro an illegitimate president in 2019 after he claimed victory in Venezuela’s disputed 2018 presidential election.

Despite the long-running political dispute between Maduro’s government and the United States, the case now centers on whether a U.S. federal court can prosecute him for the conduct alleged in the indictment and whether sovereign immunity shields him from criminal proceedings.

Maduro and Flores were captured in Caracas during a U.S. military operation in January 2026 known as Operation Absolute Resolve. They were subsequently extradited to the United States to face prosecution in federal court in New York.

Maduro appeared at the Daniel Patrick Manhattan United States Courthouse on Jan. 5, 2026, for an initial court appearance on federal charges that included narco-terrorism, conspiracy, drug trafficking and money laundering.

The couple’s defense is now asking the court to dismiss the case before trial. Maduro is scheduled to appear in court in November for oral arguments supporting the motion to dismiss.

The legal proceedings will determine whether the federal case against the former Venezuelan leader and Flores can move forward or whether the court accepts their arguments regarding sovereign immunity, jurisdiction, and due process.

Fox News Digital contacted the legal team representing Maduro and Flores as well as the U.S. Attorney’s Office for the Southern District of New York for additional comment.

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