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Maduro Claims Immunity in US Drug Trafficking Case

Maduro’s lawyers say the indictment cannot stand because sitting heads of state are immune from foreign prosecution, and trial is set for June 1, 2027.

  • On Wednesday, Ousted Venezuelan President Nicolas Maduro filed motions to dismiss his U.S. drug trafficking case, challenging his prosecution on grounds of sovereign immunity and the legality of his capture.
  • Seeking dismissal, Maduro argues his seizure violated the U.S.-Venezuela extradition treaty, invoking the Latin doctrine "male captus, bene detentus"—"wrongfully captured, properly detained"—to contest the proceedings.
  • Legal precedents, including the 1886 U.S. Supreme Court decision and former Panamanian dictator Manuel Noriega's unsuccessful immunity claim, demonstrate U.S. courts consistently reject dismissal requests based on capture methods.
  • District Judge Alvin Hellerstein must determine if Maduro qualifies for immunity, complicated by Washington's non-recognition of him as Venezuela's president since 2019 and current leader Delcy Rodriguez's lack of support.
  • Venezuelan lawyer Nizar El Fakih noted the current government faces "difficult and politically sensitive" circumstances, while former Justice Department lawyer Gary Lincenberg warns such tactics could alienate other nations despite limited impact on prosecution.
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201 Articles

Right

Nicolas Maduro contests the American requisitor in court in the file in which he is accused of narcotics and drug trafficking. By his lawyers, the former leader of Caracas claims that the American authorities cannot prosecute him for alleged acts committed in the exercise of his office.

Right

Lawyers for former Venezuelan President Nicolas Maduro have called for his trial to be halted, insisting that he enjoys "judicial immunity" as the head of an independent state.

·Tehran, Iran (Islamic Republic of)
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Lean Left

Former Venezuelan President Nicholas Maduro of the United States, detained in one of her prisons, placed before a legal test a demand that an American indictment for drug smuggling, based on sovereign immunity, be dropped.

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Fox News broke the news in New York, United States on Tuesday, January 6, 2026.
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