Judge Alvin Hellerstein of New York said on Thursday that President Nicolas Maduro and his wife are entitled to a fair trial, which encompasses proper legal representation.
On January 3rd 2026, the US special forces abducted the couple from the Venezuelan presidential palace where they reside, and flew them to New York. The couple appeared in a Manhattan court on January 5th, where they faced charges related to weapons, drug trafficking, and narco-terrorism.
The defense counsel for Maduro’s wife asked the court to release her from jail on medical grounds, explaining that Cilia Flores Maduro had a heart condition that warranted her release.
Venezuela Barred from Footing the Bill
The US government has refused to allow Venezuela to pay President Maduro’s legal fees, something that his counsel finds a violation of his rights.
The South American country has been facing economic sanctions imposed by the US, but the presiding judge does not consider that a valid reason to ban the payment. Meanwhile, the government has said that Maduro and his wife should pay their legal fees out of pocket.
Maduro is represented by a US attorney, Barry Pollack, who told the court that the defendant is entitled not only to competent defense counsel but also to counsel of his own choosing. He said he saw no reason why the Office of Foreign Assets Control (OFAC), which is central in such cases, withdrew the license it had initially issued to allow Venezuela to pay for Maduro’s legal expenses.
At some point, Judge Alvin Hellerstein remarked that he might as well grant the defense’s plea to dismiss the case, since it is apparent that the US government is depriving the defendants of their right to representation. This was in light of OFAC’s license withdrawal, given that Maduro had already informed the court that he and his wife could not afford the US legal fees.
Earlier, the Maduro defense had told the court that without the means for their clients to pay their legal fees, counsel would be forced to withdraw their services.
In emphasizing why the Venezuelan government should be allowed to make the payments, Pollack had pointed out that such legal fees should come from “untainted funds”. This remark was significant, considering that the US considers Maduro’s personal funds to be “dirty”, proceeds of crime.