Maduro urges US judge to dismiss drug charges, citing head-of-state immunity

September 3, 2026 at 06:22 AM2 min

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Ousted Venezuelan President Nicolas Maduro asked a Manhattan federal judge on Wednesday to dismiss US drug trafficking charges against him, arguing he is immune as a sovereign head of state. His lawyer Barry Pollack filed the motion before District Judge Alvin Hellerstein, who set the Wednesday deadline. Maduro has pleaded not guilty and faces trial on June 1, 2027, if the motion fails.

Key Facts

Maduro's lawyer Barry Pollack filed the motion to dismiss in Manhattan district court on Wednesday, meeting Judge Alvin Hellerstein's deadline.
Maduro was abducted and imprisoned on January 3 after US President Donald Trump authorised a military raid in Caracas.
Maduro has pleaded not guilty and is scheduled for trial on June 1, 2027, if the dismissal effort fails.
The US stopped recognising Maduro as Venezuela's president in 2019 and called his 2024 re-election fraudulent.
In 1990, a Miami federal judge rejected former Panamanian military leader Manuel Noriega's head-of-state immunity claim because he never officially held the title of president.

Immunity Argument

Pollack argued that Judge Hellerstein lacks jurisdiction because sovereign heads of state enjoy complete immunity and the alleged acts were part of Maduro's official duties. He wrote that the prosecution violates absolute immunity from criminal jurisdiction that heads of state and foreign officials acting in official capacities have held for hundreds of years. Pollack added that Maduro was falsely accused and 'vehemently denies' the allegations. A spokesperson for the Manhattan US Attorney's office did not immediately respond to a request for comment.

Legal Precedent

Legal experts told Reuters that Maduro faces an uphill battle because Washington has not recognised him as Venezuela's president for years due to disputed elections. US courts tend to defer to the president and cabinet in disputes over who is recognised as a foreign country's leader. In 1990, a federal judge in Miami rejected Manuel Noriega's attempt to assert head-of-state immunity, in part because he never officially held the title of president. The US stopped recognising Maduro in 2019, when he was inaugurated for a second time after a 2018 election that critics say was rigged. Washington also called his 2024 re-election fraudulent.