New York — Nicolas Maduro First court session And in the United States – the scene in which he announced that he was still president of Venezuela – was just the beginning of a legal saga that could keep him imprisoned and out of power for years, perhaps even for the rest of his life.
The ousted South American leader and his wife, Celia Flores, appeared on Monday on drug smuggling charges, days after US forces were put on trial. They arrested them from their home in Caracas In a stunning midnight raid. They both pleaded not guilty.
The administration of President Donald Trump has He advocated military action As a “law enforcement operation” to arrest Maduro in a criminal case brought by US prosecutors Brought for the first time Six years ago. In court, Maduro described what happened as a kidnapping and declared himself a prisoner of war.
While Venezuela deals with the geopolitical fallout, Maduro and Flores are being held in New York City, about 2,100 miles (3,400 kilometers) away. Their next court appearance is scheduled for March 17.
Here’s what’s likely to happen next in their legal case:
It’s a long shot, but Maduro, 63, and Flores, 69, could ask a judge to release them on bail, allowing them to await trial somewhere other than prison. Neither defendant filed that request on Monday, but their lawyers expected they would do so in the future.
Judge Alvin Hellerstein told lawyers he would welcome bail requests “at any time and at any time you think is appropriate.” But that doesn’t mean he’ll agree to let Maduro and Flores out.
They are both charged with serious crimes that could carry a penalty of up to life in prison, and prosecutors could argue that they are a flight risk, meaning they may try to leave the country to avoid prosecution if they are released. Maduro is accused of conspiracy to traffic drugs. He and his wife are accused of participating in a conspiracy to import cocaine into the United States and possessing machine guns.
Judges rarely grant bail in such cases. Manuel Noriega was not released on bail after the United States accused him of drug trafficking, invaded Panama and ousted him as that country’s leader in 1989. Sometimes the accused don’t even ask. Lawyers for He was recently pardoned Former Honduran president Juan Orlando Hernandez did not ask for bail when he was charged in the United States with drug trafficking. Nor did lawyers for Joaquin Guzman, the drug trafficker known as “El Chapo,” when he was brought to the United States from Mexico.
Flores’ attorney, Mark Donnelly, said she sustained “serious injuries” during her arrest and needs an X-ray and medical evaluation because she may have fractured or severely bruised ribs. She appeared in court with bandages on her forehead, temples and eyelids.
Maduro’s lawyer, Barry Pollack, told the judge that Maduro had “health and medical issues that require attention” while in detention. He did not specify what those issues were. The judge asked lawyers to work with prosecutors to ensure Flores and Maduro receive appropriate care.
The federal prison where Flores and Maduro are being held, the Metropolitan Detention Center, is located Medical unit with examination rooms And the dental ward. But the prison is also accused of corrupting the transaction, including Missed cancer diagnoses.
Noncitizens accused of crimes in the United States are legally entitled to a visit from consular officials from their home country.
Maduro, speaking in Spanish through an interpreter, told the judge that he and Flores wanted such a visit.
But it’s unclear exactly what that will entail or what will be available to Maduro after he ordered the closure of the Venezuelan embassy and consulates in the United States in early 2019. The Associated Press left a message seeking comment for Venezuela’s mission, which remains open to the United Nations.
However, Maduro may need the meetings, in part to ensure his legal bills can be paid. Maduro and Flores have been under US sanctions for years, making it illegal for any American to take money from them without obtaining a license from the Treasury Department.
Hellerstein ordered prosecutors to work with Maduro and Flores’ lawyers to ensure they are “able to enthusiastically and fully represent their clients.”
On Tuesday, Maduro expanded his legal team, adding Bruce Fein, a specialist in constitutional and international law who served as Assistant US Attorney General under President Ronald Reagan.
Pollack promised to present “major” challenges to the validity of Maduro’s indictment, and noted that there are complex legal issues to confront.
“Mr. Maduro is the head of a sovereign state and is entitled to the privileges and immunities that accompany that office,” Pollack told Hellerstein on Monday. “In addition, there are issues about the legality of his military abduction.”
After Noriega was captured by the US military in 1989, his lawyers claimed that he enjoyed immunity from prosecution as the sovereign head of a foreign state. But this argument ultimately failed, in part because Noriega never held the title of president during his effective six-year rule.
Maduro claims to have won three popular elections, but the United States has not recognized him as Venezuela’s legitimate leader for years and is therefore not entitled to sovereign immunity.
It is possible that the legal battle over the legitimacy of the American claim will continue for some time, eventually reaching the courts of appeal.