Maduro’s lawyer said the Trump administration blocked Venezuela’s ability to pay legal fees for Nicolas Maduro’s defense in his New York drug case, describing the dispute as one that could affect the Venezuelan government’s obligations and Maduro’s constitutional right to counsel. Barry Pollack told the court that the Treasury Department’s sanctions office had initially approved payment, then withdrew the authorization shortly afterward, according to an email entered into the public record.
Pollack said that Attorney General—Venezuela’s lawyer described the matter as tied to the Office of Foreign Assets Control, which administers sanctions against Venezuela. He told the judge that OFAC granted permission on Jan. 9 for Venezuela to pay legal fees for Maduro and First Lady Cilia Flores under Venezuelan law and custom, but that the authorization was then taken back “without explanation,” leaving a license in place for Flores’ lawyers to be paid.
Maduro and Flores were seized from their Venezuelan home on Jan. 3 in what the Associated Press described as a stealth nighttime raid by U.S. military forces, and they have been jailed in New York without bail since then. Both pleaded not guilty.
Pollack’s filing placed the issue in constitutional terms. He said the U.S. was “interfering with Mr. Maduro’s ability to retain counsel and, therefore, his right under the Sixth Amendment to counsel of his choice.” Pollack also said Maduro “cannot otherwise afford counsel” and would ask the judge for help to pay for his defense.
The legal fight over fees is also closely tied to U.S. foreign policy toward Venezuela, the Associated Press reported. The first Trump administration cut ties with Maduro’s government in 2019, recognizing then-opposition National Assembly leader as Venezuela’s legitimate leader, a policy the Biden administration continued.
The indictment in the New York case, according to the report, accuses Maduro and others of working with drug cartels and military personnel to facilitate the shipment of thousands of tons of cocaine into the United States. The 25-page charging document also alleges that Maduro and his wife ordered kidnappings, beatings and murders of people who owed them drug money, including a killing of a local drug boss in Caracas, the Associated Press said.
Pollack said he asked OFAC on Feb. 11 to reinstate the original license so Venezuela could meet its obligation to pay for Maduro’s defense costs. Messages seeking comment from the U.S. Treasury Department, the White House and the Justice Department were not returned, the report said.
The Associated Press also reported that prosecutors’ efforts could be complicated by an argument Maduro is expected to raise in court, including that his capture was illegal and that as the foreign head of a state he is immune from prosecution under U.S. and international law.