Nicolás Maduro and his wife are expected to face new charges over the alleged torture of Americans while prosecutors fight to keep their drug case intact.
Fox News reported that deposed Venezuelan leader Nicolás Maduro and Cilia Flores de Maduro could face additional federal charges in Manhattan tied to the alleged torture of Americans.
Prosecutors are fighting hard to stop the pair from tossing the existing criminal case. That case already centers on cocaine trafficking, narco-terrorism, and weapons offenses.
A 10:30 a.m. hearing was set to take up Flores’ bid for release from custody over ongoing medical problems, including a heart condition. U.S. Attorney Jamie McDonald was expected to speak after the hearing.
Maduro’s attorneys argued the court lacks jurisdiction because he is recognized as Venezuela’s head of state. Flores filed her own motion seeking dismissal on the same sovereign immunity grounds, the legal shield some foreign leaders claim against U.S. prosecution.
Federal prosecutors rejected that argument in a recent court filing. They said neither defendant is entitled to the protection and noted that Venezuela has not asserted immunity on their behalf.
Prosecutors wrote:
"The defendants are former rogue officials of a formerly rogue state with no entitlement to immunity,"
They added that foreign sovereign immunity is “a matter of grace and comity on the part of the U.S., and not a restriction imposed by the Constitution.”
The government also noted the United States has not recognized Maduro as Venezuela’s head of state since January 2019. Prosecutors argued the alleged cocaine trafficking, narco-terrorism, and weapons offenses violated the law rather than served any legitimate government function.
Prosecutors allege Maduro and other defendants took part in cocaine trafficking that sent thousands of tons of cocaine into the United States. They say that traffic funded and supported violent terrorist organizations.
The government stated the “prohibited drug activity had a nexus to and intended effect on the United States.”
Maduro is separately challenging the narco-terrorism conspiracy count. His lawyers said he vehemently denies involvement in drug trafficking meant to benefit groups allegedly engaged in terrorism. They argued prosecutors have not met the elements required for that charge.
Flores also denies the allegations against her. Her defense says she poses no danger to the community.
Flores asked the court to release her from custody because of significant medical problems. Her attorneys said she was recovering from a complete hysterectomy before her arrest and had been receiving monthly injections for mitral valve prolapse, a heart valve condition.
They warned she may now need cardiac catheterization, which could lead to more invasive heart procedures. Her lawyer told the court:
"Her medical condition is significant and her current housing, despite best efforts, is inadequate to allow for proper recovery from cardiac surgery,"
Defense lawyers proposed home confinement with GPS monitoring, round-the-clock armed surveillance, surrender of her travel documents, and a court-approved third-party custodian.
Additional charges related to the alleged torture of Americans were expected to be announced in the same Manhattan federal court proceedings. Maduro and Flores remain defendants in the broader narcotics and weapons case as those new counts take shape.
Americans who were allegedly harmed, and communities flooded with cartel cocaine, deserve a full accounting in open court, not a quick exit behind claims of official privilege.
