Venezuela's Nicolas Maduro, wife produced in New York court in drug trafficking case, months after capture by US

Nicolas Maduro, the former President of Venezuela, on Thursday (local time), headed into a New York courtroom as he seeks to have his drug trafficking indictment dismissed, AP reported.

Maduro has argued that a geopolitical dispute over legal fees has undermined his ability to mount a defence. Thursday's hearing marks the first time that Maduro and his wife, Cilia Flores, reached a court since their initial court appearance in January, where he objected to being seized by US military forces and declared: “I am not guilty. I am a decent man, the constitutional president of my country.” Flores also entered a not guilty plea.

Why is Maduro in court?

The main reason behind Maduro's court appearance is the dispute over how to pay his lawyers. Due to the US sanctions, Maduro's legal team cannot simply accept a check from Venezuela's government and would require permission from the US. However, US authorities do not want to grant permission to Maduro's team.

Maduro and his wife are accused of directing kidnappings, assaults, and killings targeting individuals who either owed drug money or were seen as threats to their trafficking network. According to the indictment, this allegedly included the murder of a drug trafficker in Caracas. If convicted, they could face life imprisonment.

The couple has been jailed at a Brooklyn detention centre, and neither has asked to be released on bail. Judge Alvin Hellerstein has yet to set a trial date, though the AP report suggests that it could happen at today's hearing.

What has Maduro's lawyer said?

His lawyer argued that Washington is violating the deposed leader's constitutional rights as it blocks Venezuelan government funds from being used to pay his legal costs, adding that appointing public defenders would drain resources intended for defendants who cannot afford legal representation.

He argued that the former President holds a "property interest" in those overseas funds.

The lawyer, Barry Pollack, said the court should not appoint counsel for someone who has access to resources that could be used to finance his own defence, referring to the possibility that Maduro might otherwise have to rely on a court-appointed attorney if the dispute over payments forces him off the case.

However, senior US District Judge Alvin Hellerstein pointed out that a defendant’s right to legal representation does not necessarily guarantee a lawyer of their choosing and can include appointed counsel.

Lawyers representing Maduro and his wife, who is also facing charges in the case, asked Hellerstein to dismiss the long-running criminal proceedings. They argued that the US President Donald Trump administration’s decision to block Venezuela from funding their legal fees effectively deprived both defendants of their right to legal representation.

Judge refuses to dismiss Maduro's case over fee dispute

According to a CNN report, Hellerstein, the judge who heard Maduro's case, said that he will not dismiss the criminal case and the narco-terrorism-related charges over a dispute stemming from his inability to pay his legal fee at the time.

The judge said he could reconsider the issue later if he determines that the Trump administration acted arbitrarily in blocking Venezuela from paying the legal fees. If he reaches that conclusion, he added, Maduro’s lawyers would be able to renew their request to have the case dismissed.