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· collected 2026-09-03 · by Robert McGreevy
Former Venezuelan leader Nicolás Maduro and his wife Cilia Flores have asked a federal judge to dismiss drug trafficking charges against them, arguing that they have sovereign immunity as heads of state. According to court documents, their lawyers claim that no American court has ever tried a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought. The indictment alleges that Maduro conspired with narco-terrorists to import cocaine into the United States for decades, but his lawyers argue that these actions were undertaken in his official capacity on behalf of Venezuela and therefore cannot be subject to US jurisdiction. The U.S. government officially declared Maduro an illegitimate president in 2019.
Written by the local model on 2026-09-03,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
Nicolás Maduro, the former president of Venezuela, and his wife Cilia Flores have asked a federal judge in the United States to dismiss the drug-trafficking charges against them, citing diplomatic immunity as heads of state. According to court documents, their lawyers argue that no American court has ever tried a foreign leader who was recognized by their own country as head of state at the time the charges were brought, and therefore this judge lacks jurisdiction over Maduro. The indictment against them, which includes allegations of drug trafficking, was unsealed in January 2026. They are scheduled to go on trial next year.
Written for “Maduro's Drug Trafficking Charges” on 2026-09-03,
grounded in this article and the 1 other(s) covering the same event.
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.
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pair → ask → 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.
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charges → preside → time
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.
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lawyers → reflect → motion
"That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns.
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that → flow → 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.
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document → lack → state
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.
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Office → unseal → Maduro
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.
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indictment → charge → guns
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.
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Maduro → allege → States
Maduro's lawyers, however, claim that sovereign immunity prevents the U.S. from taking action against Maduro.
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immunity → claim → 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.
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character → issue → 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.
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document → undertake → actions
The U.S. government officially declared Maduro to be an illegitimate president in 2019 after Maduro declared victory in the disputed 2018 presidential election.
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Maduro → declare → election
Maduro's lawyers also argue that the indictment violates his and Flores' due process, according to court documents.
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indictment → argue → 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.
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crimes → assert → process
The narcoterrorism statute, which was enacted in 2006 in connection with the reauthorization of the USA PATRIOT ACT, was intended to target foreign conduct.
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which → enact → 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.
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conduct → recognize → 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.
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motion → ignore → conduct
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.
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forces → apprehend → court
Maduro is set to appear in court in November to begin oral arguments in support of his motion to dismiss.
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Maduro → set → motion
Fox News Digital contacted Maduro and Flores' legal team and the SDNY for further comment.
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Digital → contact → comment
