Did the Trump administration violate international law by capturing Nicolas Maduro and his wife Cilia Flores on the basis of a federal drug-trafficking indictment? Or did Trump act to serve justice in court to a cartel leader posing as a legitimate foreign leader? The bigger question may be whether both can be true at the same time, and what that might mean for the future of the case against the former Venezuelan strongman.
Maduro's attorneys filed a motion for dismissal Wednesday on the basis of sovereign immunity. His lawyers claim that Maduro's capture and prosecution would be unprecedented:
Former Venezuelan President Nicolás Maduro and his wife asked a judge on Wednesday to dismiss the drug trafficking indictment against them on the grounds that they have immunity as the leader and first lady of a foreign country.
In papers filed in Manhattan federal court, lawyers for Maduro said a judge was required by law to reject the indictment because it cannot be brought against a foreign leader.
"No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought," the lawyers wrote. "That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own."
Maduro and his wife are scheduled to go on trial on drug trafficking charges next June 1. Judge Alvin K. Hellerstein has set oral arguments for Nov. 17 on motions to dismiss the indictment.
Media outlets like CBS News (above), the Associated Press, and Politico all dutifully reported the argument. None of them addressed the claim in the context of precedent, however. And there is clear precedent for this action by Trump in 1989's Operation Nifty Package.
For those who don't recall, then-President George H.W. Bush ordered the invasion of Panama to capture its head of state over very similar drug-trafficking allegations. Manuel Noriega avoided capture for a while longer than Maduro did by hiding in a consulate of the Vatican for several days. When U.S. military forces finally captured Noriega and brought him to the US, federal prosecutors convicted him and sentenced Noriega to a lengthy term, even with his status as a head of state at the time of his detention.
David also pointed this out shortly after Maduro's capture when critics claimed his seizure violated "international law." He and others, notably then-mayor Eric Adams of New York City, noted that the Biden Regency had posted a $25 million bounty for his arrest and capture:
On January 10, 2025, the Biden-Harris administration put a $25 million bounty on Nicolás Maduro for information leading to his arrest or conviction.
— Eric Adams (@ericadamsfornyc) January 4, 2026
Public safety is not a political game.
You do not label someone a narco-dictator one year and then pretend he is no longer a… https://t.co/KC8qzUFTLc pic.twitter.com/iPHSm2DppQ
You do not label someone a narco-dictator one year and then pretend he is no longer a threat the next simply because a different president is in office. That is cynical and irresponsible.
Maduro’s drugs have killed thousands of Americans and continue to endanger our children. Imagine being the parents of 2-year-old Nicholas Feliz Dominici, who died from fentanyl poisoning in a Bronx daycare, and watching this political theater.
America is safer today because Maduro is no longer in power.
Welcome to New York, Nicolás.
Clearly, the Biden Regency thought it had enough jurisdiction to try Maduro, if anyone ever gave them the information necessary to make the arrest. David also noted that the claim of being head of state is likely weak, considering the widespread electoral fraud that took place in the previous election. The US recognized Edmundo Gonzales as the rightful president, and Gonzales supported the arrest of Maduro, even while the US worked with the existing regime afterward rather than demand a complete stand-down.
All of this makes for an interesting argument in court, which will formally take place in mid-November. Even if the media overlooks the Noriega precedent, the DoJ and the court will make it a key point in opposing Maduro's dismissal motion. It will be entertaining, at least, and likely not much more.
Editor’s Note: Thanks to President Trump and his administration’s bold leadership, we are once again respected on the world stage, and our enemies are being put on notice.
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