VENEZUELA TODAYSep 28Claudia Macero, María Corina Machado's press chief, returns to Venezuela after exileVENEZUELA TODAYSep 28Chavismo and the opposition agree on seven-jurist panel to vet new Supreme Court candidatesVENEZUELA TODAYSep 27Marches in six cities demand María Corina Machado's return and presidential electionsVENEZUELA TODAYSep 27Delcy Rodríguez frames her UN trip as an economic turn as María Corina Machado stays off the negotiating tableVENEZUELA TODAYSep 27Comando con Venezuela calls nationwide caravan demanding María Corina Machado's return and 2027 electionsVENEZUELA TODAYSep 27Government and AN2015 close second dialogue round with deal to expand digital press freedomVENEZUELA TODAYSep 26María Corina Machado denied flight permits for the third time this weekVENEZUELA TODAYSep 26Chavismo frees Operación Gedeón prisoners after second round of dialogueVENEZUELA TODAYSep 26Delcy Rodríguez promises elections at the UN with no date, avoids mentioning Maduro and Cilia FloresVENEZUELA TODAYSep 26U.S. prosecutors formally oppose Cilia Flores's bid for house arrestVENEZUELA TODAYSep 26María Corina Machado weighs a public return to Venezuela after new failed attemptsVENEZUELA TODAYSep 25U.S. prosecutors oppose house-arrest release for Cilia FloresTOCORÓN WATCHSep 23Prosecutors oppose Cilia Flores's bid for house arrest releaseTOCORÓN WATCHSep 22Judge issues protective order for handling evidence in Maduro case
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United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205

Maduro's defense seeks to dismiss narcoterrorism count on legal grounds

ImportantFiled in court on · Judge Alvin K. Hellerstein
Published

COURT DOCUMENT Document details

Case
United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205
Docket entry
No. 323
Filed
Document
Memorandum in Support of Motion to Dismiss Count One (Narcoterrorism Charge)
Original
Court filing (PDF, English)
Public docket
CourtListener

Summary written from the filing; the document itself is the record.

Nicolás Maduro's attorneys filed a memorandum of law asking the court to dismiss Count One (narcoterrorism conspiracy) of the indictment. The defense argues the government failed to allege the jurisdictional element required by statute, failed to allege any intent to harm the United States, and that Congress lacks constitutional authority to punish purely foreign conduct without such a connection. The filing notes this motion is separate from another filed the same day seeking dismissal of the entire indictment based on sovereign immunity (protection that shields a sitting head of state from prosecution).

Court
U.S. District Court, Southern District of New York (Manhattan) · case 1:11-cr-00205
Judge
Alvin K. Hellerstein · who he is
Prosecution
U.S. Attorney's Office, Southern District of New York (U.S. Attorney Jay Clayton)
Defense
Barry Pollack (Maduro) · Mark Donnelly (Cilia Flores)
Next date
September 30, 2026 · Defense reply on house arrest due
Where it stands
Maduro and Cilia Flores held at MDC Brooklyn since January 2026; both pleaded not guilty. Trial set for June 1, 2027. Hugo Carvajal pleaded guilty (June 2025) and awaits sentencing. Diosdado Cabello is charged but not in custody.

What it means

The defense is not disputing the facts alleged; it argues that even if everything the government claims were true, the narcoterrorism statute (21 U.S.C. § 960a) cannot constitutionally be applied without allegations that the conduct was aimed at harming the United States or its citizens. The brief reiterates that Maduro denies any involvement in drug trafficking or intent to benefit terrorist groups.

In the document's own words

“Mr. Maduro vehemently denies that he had anything to do with drug trafficking or intended to benefit anyone engaged in terrorism.”
Page 5 — Shows the defense's presumption-of-innocence framing while explaining the motion.
“Count One does not allege that Mr. Maduro's aim was to cause harm inside the United States or to harm the citizens or interests of the United States.”
Page 9 — Core legal argument for dismissal under due process.
“Mr. Maduro, however, has filed herewith a motion to dismiss the Indictment in its entirety based on sovereign immunity.”
Page 5 — Clarifies this filing is separate from the sovereign immunity motion filed the same day.
This summary (PDF) The court document (PDF) Spanish translation coming soon
How the court describes it (original, English)
MEMORANDUM in Support by Nicolas Maduro Moros re 322 MOTION to Dismiss Count One.. (Pollack, Barry) (Entered: 09/02/2026)

Our plain-language summary of a public court record, written with AI help and checked against the document. It is not a finding of guilt or legal advice. See a mistake? Tell us

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