An attorney for deposed Venezuelan leader Nicolás Maduro asked a federal judge on Thursday to toss out the indictment filed against his client, arguing the Trump administration is blocking Venezuelan government funds needed to pay for his legal defense.
Maduro’s lawyer, Barry Pollack, filed the court documents in Manhattan federal court, claiming that the government’s action is preventing his client from retaining counsel of his choice and receiving a fair defense.
“Mr. Maduro, as Venezuela’s head of state, has both a right and an expectation to have legal fees associated with these charges funded by the government of Venezuela,” Pollack said.
In January, the administration captured Maduro and his wife, Cilia Flores, and flew them to the United States to face criminal charges. The couple were charged with conspiracy to import cocaine, along with possession of machine guns and destructive devices. Maduro is also charged with narco-terrorism conspiracy.
Maduro and Flores have pleaded not guilty to all counts.
Prosecutors alleged in the indictment that Maduro and his co-conspirators have “for decades, partnered with some of the most violent and prolific drug traffickers and narco-terrorists in the world, and relied on corrupt officials throughout the region, to distribute tons of cocaine to the United States,” according to the indictment.
In Maduro’s request to dismiss the case, Pollack said that without the Venezuelan funds, he would not be able to remain on the case.
“Not only would the Court need to appoint counsel and foist the cost of Mr. Maduro’s defense on the United States taxpayers, despite the willingness and obligation of the government of Venezuela to pay Mr. Maduros defense costs, but also any verdict against Mr. Maduro would be constitutionally suspect,” he said.
A declaration from Maduro was also included in the filing. In it, Maduro said that he understood the laws and practices of the Venezuelan government, adding that he is “entitled to have the government of Venezuela pay for my legal defense.”
Earlier this week, Pollack notified the court that the U.S. Treasury Department’s Office of Foreign Assets Control had approved licenses sought by Maduro and Flores, in January. The licenses were required to authorize funds transfers because Maduro, Flores, and the Venezuelan government are subject to sanctions and the transactions would otherwise be prohibited.
However, hours later, the department amended Maduro’s license, he wrote.
“The amended license related to Mr. Maduro does not authorize the receipt of defense costs from the government of Venezuela,” said Pollack, who added that without a reinstated license, “Maduro cannot otherwise afford counsel.”
The Justice Department declined to comment. The Treasury Department didn’t immediately respond to a request for comment.
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