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Noriega Precedent Looms as U.S. Case Against Maduro Moves to Court

Legal analysts expect a test of immunity claims, with SDNY poised to defend U.S. jurisdiction.

Overview

  • Nicolás Maduro and Cilia Flores are in U.S. custody in New York after a pre-dawn seizure, facing SDNY drug-trafficking charges.
  • Prosecutors allege Maduro ran “state sponsored gangs” and facilitated large-scale cocaine movement through Venezuela.
  • Defense lawyers are expected to challenge the legality of his transfer and assert head-of-state or official-act immunity, echoing Noriega’s strategy.
  • Federal precedent holds that the manner of a defendant’s capture does not defeat criminal jurisdiction, a principle analysts say will bolster prosecutors.
  • The Justice Department describes Maduro as the “de facto but illegitimate ruler” and may cite a 1989 OLC memo by William Barr asserting authority to seize suspects abroad.