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NEW YORK (AP) — On Thursday, a U.S. judge challenged the Trump administration’s justification for preventing the Venezuelan government from covering legal fees for former President Nicolás Maduro. This legal battle ensued after Maduro was detained on drug trafficking charges and brought to New York.
In court, Maduro and his wife, Cilia Flores—who is also facing charges—were present, both donned in jail uniforms. Their legal team argued that the U.S. government’s decision to block Venezuelan government funds for their defense infringes on the couple’s constitutional rights. The restriction stems from longstanding sanctions imposed on Venezuela.
Judge Alvin Hellerstein questioned the continuing validity of the prosecution’s stance, especially as diplomatic ties between the U.S. and Venezuela have recently improved. Since Maduro’s arrest by U.S. forces in January, the two nations have restored diplomatic relations. Additionally, the U.S. has relaxed economic sanctions on Venezuela’s vital oil sector and has appointed a chargé d’affaires to Caracas.
“The situation in Venezuela has evolved,” Judge Hellerstein noted, implying that the rationale for withholding defense funds should also evolve. He emphasized that the primary concern now should be upholding the constitutional right to a defense.
Despite the discussions, Judge Hellerstein did not make an immediate decision or indicate when he might rule on the matter.
As supporters and opponents rallied outside, Maduro and Flores made their first court appearance since a January arraignment at which he declared: “I am not guilty. I am a decent man, the constitutional president of my country.” Flores has also pleaded not guilty.
A 25-page indictment accused Maduro and others of working with drug cartels and members of the military to facilitate the shipment of thousands of tons of cocaine into the U.S. He and Flores also are accused of ordering kidnappings, beatings and murders of those who owed them drug money or undermined their trafficking operation. If convicted, they face life in prison.
Maduro and Flores remain jailed in Brooklyn, and neither has asked to be released on bail. Hellerstein has yet to set a trial date.
Rallies held before court hearing
In a noisy scene outside the Manhattan courthouse, contrasting groups of demonstrators chanted, blew horns and beat drums and cowbells. Among Maduro critics, one person waved a sign reading “Maduro rot in prison.” On the other side of a metal barrier, people held signs reading “Free President Maduro.”
In Caracas, hundreds of people gathered at a public plaza, including ruling party supporters, state employees and civilian militia members. One attendee, retiree Eduardo Cubillan, said he was there to pray for Maduro and Flores and condemn the violation of Venezuela’s sovereignty during the Jan. 3 operation.
“We hope that in the United States, if justice truly exists, a trial will be held that will lead to President Maduro’s freedom, because this kidnapping violated international legal principles, and we want justice to be served,” Cubillan, 80, said.
Maduro, 63, and Flores, 69, continue to enjoy some support in Venezuela, with murals and billboards across Caracas demanding their return. But while Maduro’s ruling party remains in power, he has slowly been erased from the government of Delcy Rodríguez, Venezuela’s acting president.
Rodríguez has replaced senior officials including Maduro’s faithful defense minister and attorney general. She has reorganized agencies, appointed ambassadors and eliminated tenets of the self-proclaimed socialist movement that has ruled Venezuela for more than two decades.
In court Thursday, Hellerstein cut off Flores’ lawyer, Mark Donnelly, when he referred to her as “the first lady,” telling him: “There are no titles to be used in this court.”
As the hearing was ending, Maduro held up two fingers in a “V,” a gesture that has become a symbol in Venezuela — portrayed in murals with the slogan “Nosotros Venceremos,” or “We Shall Overcome” — since he flashed it upon arriving in New York in January.
“Hasta mañana,” he said, shaking hands with Pollack before officers escorted him out.
Funding for defense a key early issue
Assistant U.S. Attorney Kyle Wirshba noted that the sanctions, in place long before Maduro and Flores were charged, were driven by allegations that Maduro’s government was cracking down on free speech and plundering Venezuelan wealth.
Allowing them to use Venezuelan government funds to defend themselves in a case arising from that conduct would “undermine the sanctions,” Wirshba said.
The U.S. has said Maduro and Flores can use personal funds to pay his lawyers. They have said they don’t have the money.
Maduro lawyer Barry Pollack contended that if Maduro got public defenders, the complex case would sap legal resources meant for people who can’t afford their own attorneys. That doesn’t make sense, he argued, in “a case where you have someone other than the U.S. taxpayer standing ready, willing and able to fund that defense.”
Pollack wants the case thrown out, but Hellerstein ruled out doing so — at least for now, saying he didn’t want to consider “such a serious step” when another remedy is available. He said Pollack could revisit the request if the Treasury Department doesn’t relent on its decision to bar Venezuela from paying Maduro’s legal fees.
Trump comments on the case
During a Cabinet meeting Thursday in Washington, President Donald Trump accused Maduro of being a “major purveyor of drugs coming into our country.”
Trump said Maduro would be given “a fair trial.”
Post-Maduro, everyday life for most Venezuelans remains the same.
Many public-sector employees earn just about $160 per month, while the average private-sector worker makes about $237. Last year the annual inflation rate soared to 475%, according to Venezuela’s central bank, putting the cost of food and other essentials beyond the reach of many.
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