Deposed Venezuelan leader Nicolás Maduro can’t pay for his legal defense in the federal criminal case against him because the Trump administration won’t allow the Venezuelan government to sidestep sanctions and fund his representation, according to a court filing from Maduro’s lawyer.
The lawyer, Barry Pollack, said he may ask the court to intervene, arguing that if the Trump administration doesn’t reverse course, it would be interfering with Maduro’s Sixth Amendment right to counsel in perhaps the highest-profile criminal prosecution in the country.
In early January, Maduro and his wife, Cilia Flores, were captured in a dramatic late-night military operation and transported to the U.S., where they were charged by the Manhattan U.S. attorney’s office with conspiracy to import cocaine and possession of machine guns and destructive devices. Maduro is additionally charged with narco-terrorism conspiracy. The couple pleaded not guilty to all counts.
Pollack’s letter, dated Feb. 20 and filed Wednesday, said the Treasury Department’s Office of Foreign Assets Control had initially granted on Jan. 9 both Maduro and his wife licenses to allow Venezuela’s government to pay for their defenses. Less than three hours later, however, the government amended the license it had granted to Maduro, revoking authorization of the receipt of defense costs from the government of Venezuela, Pollack wrote.
The government didn’t amend Flores’ license, Pollack wrote.
Several weeks later, Maduro’s counsel asked the Treasury office to reinstate his license. “Counsel explained that the government of Venezuela has an obligation to pay Mr. Maduro’s fees, Mr. Maduro has a legitimate expectation that the government of Venezuela would do so, and Mr. Maduro cannot otherwise afford counsel,” Pollack wrote.
The office, however, hasn’t acted on Maduro’s request.
Maduro, who is being held in a New York detention center while he awaits trial, is due back in federal court for a hearing on March 17.