Former Venezuelan leader Nicolás Maduro and his wife Cilia Flores asked a federal judge Wednesday to dismiss the drug trafficking charges against them, arguing, among other things, that the pair have sovereign immunity, according to court documents.
"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 Maduro's lawyers filed in support of their motion to dismiss read.
"That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns.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.
MADURO ALLY DEPORTED TO US OVER ALLEGED BILLION-DOLLAR CORRUPTION SCHEME TIED TO OIL, FOOD PROGRAM
In January 2026, the United States Attorney's Office for the Southern District of New York unsealed a fourth superseding indictment against Maduro and Flores. The indictment charged Maduro with narco-terrorism conspiracy, and both Flores and Maduro with cocaine importation conspiracy, possession of machine guns and destructive devices and conspiracy to possess machine guns and destructive devices.
The indictment alleged that for decades, Maduro used his position — first as a deputy in Venezuela's National Assembly and then as the country's president — to conspire with narco-terrorists from some of the world's largest cartels to import cocaine into the United States.
Maduro's lawyers, however, claim that sovereign immunity prevents the U.S. from taking action against Maduro.
"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.
STATE DEPARTMENT ANNOUNCES 'TOTAL COMPLIANCE' FROM VENEZUELAN GOVERNMENT IN RELIEF EFFORTS AFTER MADURO ARREST
The U.S. government officially declared Maduro to be an illegitimate president in 2019 after Maduro declared victory in the disputed 2018 presidential election.
Maduro's lawyers also argue that the indictment violates his and Flores' due process, according to court documents.
The document asserts that Maduro "vehemently denies that he had anything to do with drug trafficking or intended to benefit anyone engaged in terrorism."
The motion to dismiss then argues that the charges against Maduro fail to establish that his alleged crimes took place in or were aimed at the United States, and therefore do not meet the standards of due process.
ARMY SOLDIER INVOLVED IN MADURO CAPTURE ARRESTED FOR ALLEGEDLY USING CLASSIFIED INTEL TO WIN $410K IN BETS
"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 to dismiss reads.
The U.S. apprehended Maduro and Flores during a January military operation, titled Operation Absolute Resolve, in which U.S. forces captured the couple in Venezuela's capital of Caracas and extradited them back to the United States to be prosecuted in New York federal court.
TRUMP PICKS JAMES MCDONALD TO LEAD POWERFUL SOUTHERN DISTRICT OF NEW YORK AFTER JAY CLAYTON'S DEPARTURE
Maduro is set to appear in court in November to begin oral arguments in support of his motion to dismiss.
Fox News Digital contacted Maduro and Flores' legal team and the SDNY for further comment.
