Blog: Judge won't drop charges against former Venezuelan President Nicolás Maduro

Here's what happened at Maduro's hearing

U.S. District Judge Alvin Hellerstein concluded Thursday's hearing without ruling on whether ousted Venezuela President Nicolás Maduro can use his government's resources to defend himself against charges of narcoterrorism, drug smuggling, conspiracy and weapons charges.

Prosecutor Kyle Wirshba argued that Maduro should not be allowed to use funds from Venezuela because that nation was the subject of sanctions imposed by the U.S. government. Maduro has pleaded not guilty to the charges and said he was apprehended by the U.S. government.

Maduro's lawyers argued that Maduro has a right to choose and pay for his own counsel. They acknowledged that while Maduro does not have a right to funds gained through criminal activity, Venezuela has earned an "untainted" $18 billion in oil sales since Maduro and his wife were seized by the U.S. military earlier this year.

Hellerstein did not set a date for Maduro to return to court.

Maduro hearing adjourns; no ruling on whether can use own funds for defense

Judge Alvin Hellerstein adjourns Thursday's hearing without ruling on whether Maduro can use Venezuelan funds to mount his defense.

Before the case adjourned, Cilia Flores' attorney said his client is suffering from health problems and requires an echocardiogram, which is unavailable at the Metropolitan Detention Center in Brooklyn, where she is being held. He told the judge the government has said it will assist Flores get her echocardiogram.

Prosecutors hand discovery evidence to defense, with conditions

The government has begun providing discovery to defense lawyers, Assistant U.S. Attorney Kyle Wirshba told Hellerstein.

He said the government opposes allowing the defense attorneys to share information with co-conspirators of Maduro or his wife, Cilia Flores. Maduro's attorney, Barry Pollack, said Maduro and Flores could be convicted based on the evidence of criminality presented by other defendants, and emphasized the importance of their defense teams sharing information.

Judge says Maduro is entitled to appropriate counsel; won't dismiss case

Judge Alvin Hellerstein said the defendant's right to counsel is paramount and this case is unique because Maduro's defense team will have the "very heavy burden" of interviewing witnesses in Venezuela and Colombia and investigating events that took place years ago.

"What is the remedy? Is there a remedy?" the judge asked.

Defense attorneys tell Hellerstein the only remedy is to dismiss the case. "I am not dismissing the case," Hellerstein replied.

Prosecution argues common judicial rights should not apply in Maduro case

The prosecution argues that the Sixth Amendment right to choice of counsel is "flexible," and that the rights of the government to pursue national security and foreign policy objectives can supersede that right.

The government is exploring the possibility of finding other funds to pay for Maduro's defense, but the prosecution urged Judge Alvin Hellerstein to reject Maduro's motion to allow him to use Venezuelan funds to pay his lawyers.

Judge in Maduro trial says public defenders would be burdened if they take case

The prosecution said Maduro has faced sanctions for years, and he should have known he would not be able to access Venezuelan government resources to defend himself.

Judge Hellerstein does not appear to be swayed.

"The right to defend oneself is paramount," he said, calling the Maduro prosecution "beyond the realm of normal" and said a case this complex would inappropriately burden public defenders' offices.

Prosecution says Maduro shouldn't use own funds for attorneys because he stole them

Maduro and his wife, Cilia Flores, looted Venezuela's treasury for years for their own enrichment, the prosecution argues, and that it is inappropriate for them to use that nation's resources to defend themselves.

The prosecution claims Maduro and Flores have resources they can use to mount a defense. Hellerstein is skeptical, saying, "They are entitled to the presumption of innocence and the right to defend themselves. "

Prosecution says Maduro case involves matters of national security

The prosecution says the Maduro case is unique, something that the judiciary has not had to address before. The prosecutor said this case involves national security and foreign policy issues. Judge Alvin Hellerstein pushed back, asking the prosecution about the defendant's right to select his own counsel and fund his own defense. Hellerstein said he "concedes" that the government has the right to pursue national security and foreign policy interests, but he doesn't see how that applies in this case.

Attorney tells judge Maduro wants to pay for his own attorney of choice

Maduro's attorney, Barry Pollack, tells Judge Alvin Hellerstein that defendants have a right to be represented by the attorney of their choice. The Trump administration is interfering with that right by blocking funds from Venezuela to pay for the ousted leader's legal bills, Pollack said.

Pollack acknowledged that Maduro could seek representation from public defenders, but he said courts have determined that defendants who are not indigent should be able to use their own resources to pay for their own representation. He suggested allowing defendants to use their own funds to hire attorneys fosters trust.

Maduro in federal court

Former Venezuelan President Nicolás Maduro has been brought to a federal court in New York for a hearing in his drug trafficking case, The Associated Press reports.

Trump says Maduro could face more cases

President Trump told reporters during a cabinet meeting on Thursday that the government will file additional "cases" against Maduro, adding that the ousted Venezuelan president was just charged with a "fraction" of alleged criminal activity.

Pro-Maduro protesters bring support, and signs, to federal courthouse

Several dozen pro-Maduro protesters gathered across the federal courthouse on Worth Street hours before the ousted leader is scheduled to appear before Judge Alvin Hellerstein later today. Many waved Venezuelan flags, banged on drums and held signs demanding the release of Maduro and his wife, Cilia Flores. The protesters are loud, but they are outnumbered by TV cameras and press.

Nicolás Maduro, ousted Venezuelan president in U.S. custody, back in court

Ousted Venezuelan President Nicolás Maduro and his wife, Cilia Flores, are due in court Thursday morning for a possible resolution over how they will pay for their defense against charges they facilitated a massive and violent drug ring smuggling large amounts of cocaine into the United States.

Barry Pollack, a lawyer for the former South American strongman, asked District Court Judge Alvin Hellerstein in February to drop the narco-terrorism charges after the American government blocked the Venezuelan government from paying his legal fees.

Maduro was the contested leader of the country until Jan. 3 when American special forces captured him and his wife in an early morning raid.

The U.S. military flew the couple to Brooklyn, where they were held in the Metropolitan Detention Center until their first appearance in Manhattan Federal Court the next day.

Maduro pleaded not guilty to a four-count indictment of narco-terrorism and drug smuggling conspiracies and weapons charges.

"I am innocent," he said. "I'm a decent man. I am president of my country."

The next day, Delcy Rodriguez, the country’s vice president, took over as acting president.

Under Venezuelan law, the country is obliged to pay for Maduro’s legal fees, Pollack said. But due to President Donald Trump’s executive order blocking funds from the country, he cannot be paid.

“The interference by the United States government with the payment of fees by the government of Venezuela and costs associated with activities necessary to the defense will impede Mr. Maduro from having a full and fair defense against the charges,” Pollack said in his motion to dismiss.

He added, “Any trial that proceeds under these circumstances will be constitutionally defective and cannot result in a verdict that will withstand later challenge.”

Prosecutors have opposed the motion.