Ousted Venezuelan President Nicolás Maduro and his wife, Cilia Flores, made their second appearance in federal court on Thursday as part of an ongoing U.S. prosecution stemming from their dramatic capture earlier this year.
At the hearing, which lasted roughly one hour, U.S. District Judge Alvin Hellerstein for the Southern District of New York signaled that the U.S. government’s refusal to allow the defendants’ lawyers to receive funds from Venezuela may be an unconstitutional interference with their right to counsel.
Hellerstein repeatedly said that, in a case of this complexity and given the case’s investigative demands, it is not realistic to expect court-appointed lawyers or the federal defenders’ service to provide adequate representation without draining resources from the truly indigent.
Maduro and Flores face a series of serious charges, including narco-terrorism conspiracy and drug trafficking offenses, tied to long-standing U.S. allegations that they were involved in a large-scale cocaine distribution network.
Both pleaded not guilty during their first court appearance in January. The pair has been held at the Metropolitan Detention Center in Brooklyn for almost three months.
Maduro asked Hellerstein to dismiss the criminal case against him last month, arguing that a dispute over legal fees has undermined his constitutional right to a fair defense.
Maduro and Flores’ lawyers notified the court in February that they can’t be paid until the Treasury Department’s Office of Foreign Assets Control issues the necessary licenses to receive payments directly from the government of Venezuela.
While Hellerstein on Thursday suggested that he cannot simply order the OFAC to grant the licenses necessary for counsel to be paid, he also said he was not ready to dismiss the case on this basis — at least not yet.
It appears Hellerstein is leaning toward giving the government a fixed period of time to consult with OFAC and other “relevant stakeholders” to reverse its decision over the licenses. That would allow Maduro and his wife to have their legal fees paid directly by the government of Venezuela, which has made clear it will cover those costs.
The Department of Justice on Thursday indicated that it does not trust Maduro and Flores’ representation that they lack personal funds to pay their lawyers. But when pressed as to why, the DOJ offered no evidence, noting only that its investigation continues.
All parties admitted, as Hellerstein noted, “There’s no case like this.”
Maduro and his wife wore beige brown uniforms and interpretive devices during the hearing. Neither said anything to the court or the gallery, speaking only to their teams.
Protesters amassed outside the U.S. District Court for the Southern District of New York in lower Manhattan ahead of Maduro and Flores’ status conference — a routine court hearing where the progress of a case is discussed, including potential issues regarding discovery and setting a pretrial motions schedule. A trial date could also be discussed.
A life-size float depicting Maduro in an orange jumpsuit and handcuffs towered over the crowd, as protesters held signs that demonstrated a clear political division over the ongoing U.S. foreign intervention in Venezuela.
Maduro and Flores were captured on Jan. 3 in a “large-scale strike” by a U.S. military operation in Caracas. The seizure, carried out before dawn by elite American special forces with support from airstrikes targeting Venezuelan defenses, culminated in troops storming Maduro’s heavily guarded compound and detaining him alongside his wife. The United Nations Security Council has accused the U.S. of violating international law in the capture of Maduro.
Outside the courthouse on Thursday, demonstrators’ signs showed competing sentiments toward the ousted leader, with some stating “Free President Maduro!” and others reading “Maduro is a criminal!”
Didi Martinez contributed reporting.
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