The U.S. administration prevents Venezuela’s government from covering former President Nicolás Maduro’s legal defense costs in a New York drug trafficking case, a step his attorney argues undermines his constitutional right to counsel.
Barry Pollack, Maduro’s lawyer, notified a Manhattan federal judge in a February 20 email that the U.S. Treasury Department’s Office of Foreign Assets Control blocked approval for Venezuela to pay fees owed to Maduro and First Lady Cilia Flores under Venezuelan law and tradition. The email entered the public court record on Wednesday.
Detention and Upcoming Hearing
Maduro and his wife remain jailed in New York without bail following a U.S. military nighttime raid on their Venezuelan residence on January 3. Both entered not guilty pleas. Maduro faces a federal court hearing on March 17.
Swift Reversal on Fee Authorization
Pollack explained that the Office of Foreign Assets Control approved the payments on January 9, only for the administration to revoke the authorization less than three hours later without reason. Approval for his wife’s legal fees stayed in effect.
This funding dispute connects directly to U.S. foreign policy. Administrations since 2019 have broken ties with Maduro, recognizing opposition leaders as Venezuela’s rightful authorities instead.
Requests for comment from the Treasury Department, White House, and Justice Department received no immediate response.
Potential Impact on Prosecution
Permitting payments from Delcy Rodríguez, Maduro’s former vice president and current acting president, might hinder prosecutors’ arguments against Maduro’s claims of illegal arrest and immunity as a foreign head of state under U.S. and international law.
Pollack urged the Office of Foreign Assets Control on February 11 to restore the license. “The government of Venezuela has an obligation to pay Mr. Maduro’s fees, Mr. Maduro has a legitimate expectation that the government of Venezuela would do so, and Mr. Maduro cannot otherwise afford counsel,” he wrote. Pollack added that the U.S. action interferes with Maduro’s Sixth Amendment right to counsel of his choice.
Charges and Broader Context
A 25-page indictment accuses Maduro and associates of partnering with drug cartels and military personnel to ship thousands of tons of cocaine into the U.S. The couple faces life imprisonment if convicted. Allegations include ordering kidnappings, beatings, and murders of drug debtors, such as a Caracas drug boss.
Maduro’s capture, after months of U.S. military buildup in the Caribbean, strengthens American leverage over Rodríguez. She has since opened Venezuela’s oil sector to U.S. investment, released political prisoners, and resumed direct talks with Washington—moves absent since the U.S. embassy closed in Caracas in 2019.
President Trump stated Tuesday that the U.S. secured over 80 million barrels of oil from its “new friend and partner” Venezuela.
