Nicolas Maduro: Lawyers doubt the legality of his arrest. (archive image)Image: keystone
Nicolás Maduro is being heard by the US judiciary for the first time. His case is being heard in New York. From a court that also ruled on an ex-acquaintance of Trump.
Jan 5, 2026, 12:24 p.mJan 5, 2026, 12:24 p.m
Peter Riesbeck / t-online
So far there are only distorted recordings of Nicolás Maduro in the hallways of the US Drug Enforcement Agency (DEA). Venezuela’s deposed head of state is scheduled to appear before the US judiciary for the first time on Monday at 6 p.m. Central European Time.
Justice Minister Pam Bondi confirmed on Platform X: “Maduro is accused of conspiracy to traffic drugs and terrorismcharged with conspiracy to import cocaine, possession of machine guns and explosive devices, and conspiracy to possess machine guns and explosive devices.”
The charges stand. A court has also already been determined. The Southern District of Federal Court new York (SDNY) will hear the case against Maduro and his wife Cilia Flores, Bondi confirmed. A judge has already been named: Alvin K. Hellerstein, 92 years old. The experienced lawyer was appointed as a federal judge in 1998 by then US President Bill Clinton.
Numerous well-known cases have already been heard in the SDNY federal court. The list ranges from claims for damages after the sinking of the “Titanic” to the proceedings against the sex offender Jeffrey Epstein. Former heads of state have also had to answer to the SDNY.
A look at the court, the charges against Maduro and similar proceedings:
The indictment against Maduro and his wife
The USA already charged Maduro and his wife Cilia Flores with “drug terrorism”, among other things, in 2020. He should be from the point of view of the USA used illegally obtained office to transport thousands of tons of cocaine into the USA. Maduro himself benefited from this. He is also said to have allied himself with drug traffickers. If Maduro is convicted on one of the four counts, he could face at least ten years in prison. The maximum penalty would be life in prison.
“The defendant is at the forefront of corruption and conspired with his accomplices to use his illegally obtained power and the institutions he corrupted to smuggle thousands of tons of cocaine into the United States. “And that since his early days in the Venezuelan government,” the indictment says. US Attorney General Pam Bondi announced the “entire rigor of the US justice system”.
Criticized Donald Trump’s actions: New York Mayor Zohran Mamdani.Image: keystone
New York’s new mayor Zohran Mamdani criticized the opening of the proceedings. “A unilateral attack on a sovereign state is an act of war and a violation of federal and international law,” he said, criticizing US President Trump’s actions. His actions against Maduro and his wife have a “direct impact on New Yorkers, including tens of thousands of Venezuelans who live in this city.”
This is what Maduro could expect: comparable procedures
Before Maduro, Honduras’ former head of state Hernández had to answer before the US judiciary for his involvement in international drug trafficking. But the case is only comparable to a limited extent. Hernández was arrested in 2022 after leaving office and transferred to the United States through regular extradition proceedings. He was later convicted there in SDNY federal court and pardoned by Trump.
In the Maduro case, lawyers are drawing parallels to the actions against Panama’s former dictator Manuel Noriega. He was overthrown in a US invasion around Christmas 1989 and brought to the USA. There he had to answer in court because of his involvement in drug trafficking and received a sentence of 40 years in prison in 1992. Further convictions for involvement in a murder in Panama as well as assisting in money laundering France followed.
Manuel Noriega was sentenced to 40 years in prison. (Archive photo from 1989)Image: keystone
Noriega was transferred to Panama in 2011, where he died of a brain tumor in 2017. He was released shortly before his death on humanitarian grounds.
The court
The federal court for the Southern District of New York (SDNY) hears major criminal cases for the districts Manhattan and Brooklyn as well as the southern areas of New York State.
Because of its proximity to the financial district in Manhattan, the court has extensive experience with high-profile cases. After the sinking of the “Titanic” in 1912, claims for damages brought by relatives of the victims against the luxury liner’s shipping company were heard there. The trial of the perpetrators of a failed attack on the World Trade Center (WTC) in 1993 also took place there.
More recently, the investment fraudster Bernard Madoff (2009) and the Sex offender Jeffrey Epstein (2019) and rapper P. Diddy (2025).
The court also has experience with former heads of state. Juan Orlando Hernández, former president of Honduras, was indicted there in 2022.
This is Nicolas Maduro
Legal criticism of Trump’s actions
International law experts strongly criticize the US President’s actions. Reference is made, among other things, to the prohibition of violence in the UN Charter, the territorial integrity of a state and the protection of heads of state.
International lawyer Christoph Safferling from the University of Erlangen-Nuremberg spoke of “vigilante justice”. In the ARD he said: “Of course the crimes are relevant.” But he also explained: “A president initially enjoys criminal immunity.”
Trump’s supporters reject the criticism. An analysis by the libertarian Cato Institute says: “Issues of foreign recognition and immunity fall within the jurisdiction of political bodies, not the judiciary.”
But Trump could face further trouble. The US Congress doubts the legality of the US military’s foreign deployment Venezuela. The President would have had to obtain Parliament’s approval in advance. According to Jeremy R. Paul of Northeastern University School of Law in the United States, arresting Maduro on US territory would not have violated domestic law. But this does not apply abroad. “Allowing the arrest of a foreign leader in his own country on the basis of an arrest warrant means that we are giving prosecution bodies and prosecutors the right to declare war.” According to the US Constitution, only Congress has this right.
The American lawyer Elie Honig has already agreed on a lengthy procedure before the Federal Court Southern District of New York: The case will most likely break new ground in constitutional and international law, he told the US broadcaster CNN.
Balance sheet
Trump and his administration really want the procedure. Attorney General Pam Bondi personally praised Trump: “On behalf of the entire US Department of Justice, I would like to thank President Trump for his courage in demanding accountability on behalf of the American people.”
Praised Trump’s actions: Justice Minister Pam Bondi.Image: keystone
The proceedings will therefore depend on one person: Judge Alvin K Hellerstein. The lawyer is 92 years old and is independent. Last year he rejected deportations by the US government under the Alien Enemies Act invoked by Trump. Hellerstein ruled it “illegal” last year. The president has exceeded his power.
More on Maduro and the arrest: