Former Venezuelan leader Nicolás Maduro’s attorney has asked a federal judge to toss out the indictment so he can secure better counsel on Venezuelan government funding. Maduro’s lawyer, Barry Pollack, has argued that the Treasury Department is standing in the way of Maduro exercising his constitutional right to counsel.
As a result, he is unable to retain the right counsel or mount a fair defense. Pollack explained, “Mr. Maduro, as Venezuela’s head of state, has both a right and an expectation to have legal fees associated with these charges funded by the government of Venezuela.”
Both Nicolás Maduro and his wife, Cilia Flores, are charged with machine gun possession and conspiracy to import cocaine. In addition, Maduro is charged with a narco-terrorism conspiracy. So far, both have pleaded not guilty and are seeking a fair legal process.
Attorneys for @NicolasMaduro seek dismissal of drug charges on the grounds his constitutional rights are being violated.
In an accompanying affidavit signed from prison, Maduro argues he’s entitled to have the Venezuelan government pay his defense.https://t.co/GiqnKLWMrk pic.twitter.com/WFQi8i47Im
— Joshua Goodman (@APjoshgoodman) February 27, 2026
A CIA strike was carried out with President Donald Trump’s approval to capture Maduro and his wife. Trump gave Maduro a chance to surrender in a public statement as well as during a private phone call. The operation to capture the Venezuelan leader and his wife started on January 3, 2026, at 2 a.m. (local time).
After the success of Operation Absolute Resolve, the White House posted a photo of Maduro blindfolded and in handcuffs on Saturday morning. After that, Maduro and his wife were transported to a jail in New York City.
According to the attorney, the case against Maduro should be dismissed since the U.S. government is blocking him from using Venezuelan government funds to cover legal fees. Pollack cited the Sixth Amendment in seeking dismissal of the charges, arguing that the government is interfering with Maduro’s rights.
He also argued that the U.S. government will have to use taxpayers’ money to cover the cost of Maduro’s defense since he is not allowed to access Venezuelan government funds. Without the financial aid, the current legal team will not be able to remain on the case.
Maduro’s lawyer says the Trump administration authorized and then quickly (3 hours later) pulled licenses that would have allowed the deposed Venezuelan leader to pay for his criminal defense lawyers https://t.co/66GzoYSthf
— erica orden (@eorden) February 25, 2026
According to the current indictment, Maduro is accused of partnering with “some of the most violent and prolific drug traffickers and narco-terrorists in the world, and relied on corrupt officials throughout the region, to distribute tons of cocaine to the United States.”
After the filing in court, Nicolás Maduro and Cilia Flores were given licenses from the Treasury Department to authorize Venezuelan funds, but they were changed later on. For now, Maduro and his wife cannot afford the counsel of their choice. The Justice Department and Treasury Department did not comment on the situation.
