The United States has agreed to modify its sanctions on Venezuela to allow the Venezuelan government to pay for the legal defense of former President Nicolas Maduro, according to a court filing on Friday. This move addresses a restriction that had threatened to derail the drug trafficking case against the ousted leader.
Background of the Case
Maduro, 63, and his wife Cilia Flores, 69, were captured from their home in Caracas by US special forces on January 3 and brought to New York to face criminal charges, including narcoterrorism conspiracy. Both have pleaded not guilty and are currently jailed in Brooklyn awaiting trial.
In February, Maduro's lawyer Barry Pollack asked Manhattan-based US District Judge Alvin Hellerstein to dismiss the case because US sanctions were preventing the Venezuelan government from paying his legal fees. Pollack argued that this prohibition violated Maduro's constitutional right to counsel of his choice.
Constitutional Rights at Stake
Neither Maduro nor Flores can afford lawyers on their own, but the Venezuelan government is prepared to pay their fees, according to their legal team. All criminal defendants in the US have constitutional rights regardless of their citizenship status.
During a March 26 court hearing, Judge Hellerstein stated he did not intend to dismiss the case but expressed skepticism about the government's justification for blocking the payments. Prosecutor Kyle Wirshba argued that the sanctions were based on legitimate national security and foreign policy interests, and that the court could not order the Treasury Department to modify sanctions since foreign policy falls under the executive branch.
Improved US-Venezuela Relations
Judge Hellerstein noted that the US had relaxed sanctions on Venezuela since Maduro's ouster. Relations between Caracas and Washington have improved since Delcy Rodriguez, Maduro's former vice president, began leading Venezuela on an interim basis.
Hellerstein said, “The defendant is here, Flores is here. They present no further national security threat. The right that’s implicated, paramount over other rights, is the right to constitutional counsel.”
Historical Context of Sanctions
During his first term, US President Donald Trump ramped up sanctions on Venezuela, citing allegations of corruption and democratic undermining. Washington deemed Maduro's 2018 reelection fraudulent. Maduro dismissed these accusations, along with drug trafficking allegations, as pretexts for US desires to control Venezuela's oil reserves.
