US judge declines to dismiss Maduro indictment, questions sanctions blocking legal fees

A federal court judge declined Thursday to throw out the narcoterrorism indictment, for now, against Venezuelan President Nicolas Maduro, who is imprisoned in the US after being captured by American forces in January, according to reports. Maduro's defense had sought to have the case dismissed on the grounds that US sanctions are preventing the Venezuelan government from paying the legal fees for Maduro and his wife, Cilia Flores.

Sanctions and counsel rights

Senior Judge Alvin Hellerstein said during the more than one-hour hearing that he would not be throwing out the case for now as he questioned the Trump administration's decision to continue to prohibit Caracas from footing the bill, particularly as relations warm following Maduro's ouster. Preventing Maduro's legal team from accepting funds from the Venezuelan government may violate the president's constitutional right to counsel, Hellerstein suggested. Maduro and his wife have said they lack personal funds to foot the legal bill.

Public defender concerns

Prosecutors had sought to defend the ongoing prohibition, saying the couple could use a public defender, but Hellerstein appeared skeptical of that argument. Doing so, he said, could severely drain resources needed to provide for those who have no other recourse to a legal defense. Defending Maduro would come at a "great expense," and would badly eat into funding for public defenders, said Hellerstein, according to ABC News.

Possible reconsideration

The judge suggested that he could revisit his decision not to throw out the case if he later determines that the Trump administration is arbitrarily preventing Maduro from paying for counsel. Hellerstein said he would soon decide whether he would force the Trump administration to allow the Venezuelan government to cover the legal costs, but it is unclear when that decision would be made. A trial date has yet to be established.

Case background

The hearing was the second since Maduro and Flores were abducted. The Venezuelan leader and first lady previously pleaded not guilty during an initial hearing in January. Maduro was captured by US forces following a raid that also resulted in the detention of former Venezuelan President Nicolas Maduro, who was later transferred to US custody.