New York — A lawyer for ousted Venezuelan President Nicolas Maduro asked a judge on Thursday to dismiss the indictment against his client on the grounds that the United States unconstitutionally violated his rights to self-defense by withholding Venezuelan funds to pay his legal costs.
Attorney Barry Pollack filed papers in Manhattan federal court, saying the U.S. government violated his client’s due process rights by withholding funds for his defense that should have come from the Venezuelan government.
“Mr. Maduro, as head of state of Venezuela, has the right and the expectation that the legal fees associated with these charges will be funded by the government of Venezuela,” Pollack wrote.
The court memorandum included a declaration from Maduro in which he said he understood that under Venezuelan laws and practices, “I have the right to request that the government of Venezuela pay the costs of my legal defense.”
“I have relied on that expectation and cannot afford my legal defence,” he said.
Maduro added that he is “working” with Pollack on his legal defense and that he is “my favorite lawyer.” The declaration was signed by “President Nicolas Maduro Moros.”
Maduro and his wife have been detained in New York since they were arrested from their Venezuelan home in early January in a nighttime US military operation. They have pleaded not guilty.
A 25-page indictment He accused him against Maduro and others of working with drug cartels and members of the military to facilitate drug shipments Thousands of tons of cocaine To the United States, and if convicted, he and his wife face life in prison.
As part of the alleged conspiracy, Maduro and his wife allegedly ordered kidnappings, beatings and killings of those who owed them drug money, according to the indictment. This includes the killing of a local drug lord in Caracas, she said.
Pollack told a Manhattan judge in an email last week that the U.S. Treasury Department withheld authorization for legal fees that Venezuela’s government would have to pay to Maduro, even though it authorized payment of defense fees for First Lady Celia Flores.
Pollack said the Treasury Department’s Office of Foreign Assets Control, which administers sanctions against Venezuela, granted permission on January 9 to approve payment of legal fees by the Venezuelan government. He said the administration revoked the authorization “without explanation” less than three hours later.
“The conduct of the United States government not only undermines Mr. Maduro’s rights, but also undermines this court’s mandate to provide a fair trial to all defendants brought before it in accordance with the protections afforded by the U.S. Constitution,” Pollack wrote in court papers filed Thursday.
He added: “The United States government, even while allowing countless business transactions with Venezuela, prevents lawyers from receiving tainted funds from the government of Venezuela, despite Venezuela’s commitment to fund Mr. Maduro’s defense. Any trial conducted under these circumstances would be constitutionally flawed and could not result in a verdict that would withstand any subsequent challenge.”
If the judge keeps the charges against Maduro in place, Pollack said he wants to resign so the court can appoint another lawyer to represent Maduro.
The dispute over Maduro’s legal fees is closely linked to US foreign policy. The first Trump administration severed ties with Maduro in 2019, recognizing the then-president of the opposition National Assembly as Venezuela’s legitimate leader. The Biden administration adhered closely to the same policy.
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Goodman reported from Miami.