Allegations of cocaine trafficking and collaboration with cartels: The case against Venezuelan leader Maduro that had been brewing in the US for years

 Allegations of cocaine trafficking and collaboration with cartels: The case against Venezuelan leader Maduro that had been brewing in the US for years

Just 48 hours after US forces captured Venezuela’s ousted president, Maduro, and his wife in Caracas, they appeared in a US court. Both have pleaded not guilty to charges of conspiracy to commit “narco-terrorism.”

Legal experts say the criminal case against Maduro will be similar to other cases filed in New York. It will proceed based on US law and the evidence presented in court.

In the indictment, prosecutors allege that Maduro, his wife, son and associates participated in a cocaine trafficking conspiracy. They are accused of collaborating with cartels that have been designated as terrorist organizations.

According to prosecutors, the defendants abused their positions and imported cocaine into thewith the help of Venezuelan government agencies.

 

Maduro has previously described the charges as an “imperialist plan” to gain access to Venezuela’s vast oil reserves.

The US government alleges that the couple controlled state-sponsored armed groups and “ordered kidnappings, torture and murders against people who owed them drug money or who harmed the trafficking network.”

Maduro’s son is accused of being involved in cocaine trafficking in the US cities of New York and Miami.

In the indictment, prosecutors have demanded the seizure of the defendants’ property and funds.

A US District Court judge has set the next hearing in the case for March 17.

Venezuelan leader's dramatic court appearance

When Venezuelan leader Nicolas Maduro appeared for the first time in a New York City courtroom, the sound of shackles on his feet could be heard. During this, he told reporters and the public in the courtroom that he had been "kidnapped."

After he was brought into the courtroom, Judge Alvin Hellerstein asked him to confirm his identity so that the court proceedings could begin.

He told the court in Spanish, "I am Nicolás Maduro. I am the President of the Republic of Venezuela and I was kidnapped and brought here on January 3."

A translator in the courtroom translated his statement and informed the court. “I was taken from my home in Caracas, Venezuela,” Maduro said.

The 82-year-old judge immediately cut Maduro off, saying, “All these matters will be dealt with in due time.”

During a dramatic 40-minute hearing on Monday evening, Maduro and his wife, Celia Flores, denied all drug and weapons charges.

“I am innocent,” Maduro said. “I am a good person,” Flores said.

“I am absolutely innocent,” Maduro said.

“The 63-year-old Maduro and his wife were transferred to a New York prison. They were arrested by US forces on Saturday during a raid on their compound. The US has also carried out strikes on military bases in Venezuela.

What evidence does the US have against Maduro?

Lawyer and former federal prosecutor Sarah Krasoff said it is difficult to assess the legal basis for the case against Maduro because the indictment did not specify what evidence prosecutors have against him.

She said that cases involving international drug trafficking are usually “highly inferred. But they provide few details.”

Krasoff has worked in the same court where Maduro is on trial for more than a decade.

According to her, it is not legally required to provide details of the evidence in the indictment, and in such major drug cases, much of the evidence is sensitive.

Krasoff said that some parts of the case may be kept secret from the media and the public. While lawyers will gain access to sensitive materials in secure locations after security clearance.

He added that the prosecution has a “clear advantage” in the case against Maduro because the case has been in the works for a decade.

Several legal experts, including Melina Stereo of Cleveland State University College of Law, believe that the US operation to bring Maduro to New York “violates the UN Charter and international law.”

Stereo, however, said that now that Maduro is in the US, it is almost certainly legal to try him under US law.

“Our courts have long recognized that if a defendant is kidnapped or forcibly brought to the US, that does not constitute grounds for dismissing his case,” he said.

Maduro’s lawyer has been contacted for comment. However, he did not comment.

Was the US operation in Venezuela illegal?

The treatment of Maduro has raised questions about whether the Trump administration's actions against the Venezuelan president were within the law.

Experts say that if the charges are proven, Maduro and his wife could face years in prison.

But international law experts are raising the question that it is not clear whether there is any precedent for the US administration's actions in Venezuela and whether they were legal.

International law prohibits unilateral action against any country unless the UN Security Council approves it, taking into account the right to self-defense.

The Trump administration could also invoke the War Powers Resolution, which gives the president 60 days to launch short-term military action and another 30 days to withdraw, without requiring congressional approval, as long as he is notified within 48 hours.

Under this framework, the president is allowed to claim legal authority to attack Venezuela without prior notification to Congress. However, US lawmakers can still vote on a bipartisan basis to limit or end further military action, and a vote on this is expected in the coming days.

Legal Doubts

“You can’t say this was a law enforcement operation and then say we have to run the country,” Jeremy Paul, a professor of constitutional law at Northeastern University in the US, told Reuters. This is incomprehensible.’

Professor Mark Weller of Chatham House in London says that the use of force by national policy is prohibited under international law, except when it is ‘in response to armed attack or to protect a population threatened with imminent extinction.’ He adds that it also requires UN approval.

 

‘Clearly, all of these conditions were not met in the US’s armed action against Venezuela. The US interest in suppressing the drug trade or the claim that the Maduro regime was in fact a criminal entity provides no legal justification.’

What happens next?

Maduro has repeatedly dismissed the charges as a pretext to remove him from power. The court is unlikely to grant his bail application.

President Trump has reiterated his stance that the US will now run Venezuela and has demanded “full access” to its oil sector.

The White House has made no attempt to ease the pressure, with the US president once again warning that another military strike could be launched if Maduro’s remaining allies do not comply.

When asked how he reacted to Maduro’s claim of “kidnapping”, Trump said it was “not a bad word.”

The charges against Maduro include “narco-terrorism”, cocaine trafficking and conspiring to possess machine guns and weapons of mass destruction against the US.

Julia Buxton, professor of justice studies at Liverpool John Moores University, said it was “a very weak foundation”.

that Venezuela was “not a major exporter of cocaine.”

“Most of the cocaine that goes to the US comes from the Pacific coast through Mexico and Colombia. There is no fentanyl coming from Venezuela. The Trump administration had to invent the idea of ​​portraying Maduro as a narco-terrorist in order to implement its policies of regime change.”

He said Trump wanted US oil companies to come to Venezuela but it was not a particularly attractive opportunity for them.

According to him, there was a glut of oil on global markets and fixing Venezuela’s oil industry would require billions of dollars in investment.

According to Professor Weller, US courts follow the so-called Carefrisbee principle, which means it does not matter how a suspect is presented to court. Whether brought about by illegal armed intervention or after kidnapping, the court can prosecute as long as the accused has not been subjected to severe torture.

Observers also say that if the US does not face the consequences of its actions in Venezuela, it could have very serious consequences for other emerging global conflicts, especially when the ability of the United Nations to maintain any kind of rules-based order at the international level is clearly being challenged.