Maduro

Caracas, October 6, 2026 (venezuelanalysis.com) – The US Justice Department has urged New York District Judge Alvin Hellerstein to reject Venezuelan President Nicolás Maduro and First Lady Cilia Flores’ sovereign immunity claims amid their ongoing legal case.

In a court filing submitted on October 2, prosecutors told the court that Maduro and Flores’ motions to dismiss their indictments “should be denied.”

The Venezuelan president and first lady, who is also a legislator, were kidnapped in Caracas by US forces on January 3. They were charged with drug trafficking conspiracy and weapons possession, with Maduro additionally facing a “narco-terrorism” accusation.

The pair’s defense teams filed motions to dismiss the case in September, arguing that their respective positions in the Venezuelan government should make them immune to criminal prosecution in a third country.

In response, the Justice Department stated that the recognition of a foreign head of state is the exclusive competency of the executive branch, and that Washington has not recognized Maduro since 2019. Historically, US courts have deferred to the White House and State Department on foreign policy matters.

However, in the ongoing case, Justice Department officials sought to bolster their argument by stating that the Venezuelan government, led by Acting President Delcy Rodríguez, has declined to invoke immunity for Maduro and Flores.

“If Venezuela wished to assert its view that the defendants were entitled to immunity in this, it could have,“ the submitted document read. “The defendants’ attempt to claim the contrary is an admission that such silence is devastating to their claims.”

The prosecutors pointed to an ongoing civil lawsuit in Florida against Maduro, Rodríguez, and other defendants, where the Venezuelan government, through its US embassy, requested that the Trump administration communicate to the respective court that the acting president should “enjoy absolute immunity from judicial proceedings in foreign domestic courts.”

The State Department sent a letter in June calling on the Florida district court to “promptly dismiss the proceedings.” The White House likewise communicated to the court that all claims against Rodríguez should be “dismissed without prejudice.”

In August 2025, three US nationals who were imprisoned in Venezuela sued Maduro, Rodríguez, and several other current and former state officials. The plaintiffs claimed to have suffered “torture” and to have been used in “hostage diplomacy.” The judge issued a default ruling after Maduro and other defendants failed to show and awarded $314 million in damages to the plaintiffs.

“Venezuela did not request immunity in this case, despite every opportunity to do so. Indeed, there is no doubt that the current Venezuelan government knows how to request immunity,” the Justice Department’s recent filing continued.

Prosecutors went on to claim that the Trump administration’s foreign policy views, coupled with the Venezuelan government not explicitly invoking immunity, should outweigh the defense’s assertion that the United Nations recognized Maduro’s presidency.

Hellerstein is scheduled to hear oral arguments on the pre-trial motions to dismiss on November 17 before issuing a ruling. If the trial goes forward, it will begin on June 1, 2027.

Caracas has not commented on the latest developments in Maduro and Flores’ legal case. In recent months, Venezuelan officials have occasionally expressed hope that the two will eventually return to the country but without demanding their immediate release.

Rodríguez made no mention of Maduro and Flores’ kidnapping and prosecution during her recent trip to New York for the 81st session of the UN General Assembly. In a July interview, she claimed that Maduro has the right to “demonstrate the truth” before the US Justice system but did not call for his liberation.

The Venezuelan government is covering the pair’s legal defense costs after the US Treasury Department lifted restrictions blocking it.

In his UN speech on September 22, Trump celebrated the military operation that led to the abduction of Maduro, whom he called an “outlaw dictator.” Trump and Rodríguez met on the sidelines of the UN General Assembly, with the Venezuelan leader thanking the US president for supporting “Venezuela’s reinsertion into multilateral spaces.”

Edited by Lucas Koerner in Philadelphia, USA.

Art as propaganda

Chavez’s eyes still gaze from walls across Caracas. So too do the eyes of other figures, like Maduro and independence leader Simon Bolivar. Some images are faded. Others are accompanied by slogans like “To doubt is treason”.

Forastero has worked on government projects, including under Rodriguez. But he is critical of some of the newer images. He remembers a time when he painted murals of Chavez playing with children or riding a bicycle, not slogans.

“When Chavez was alive, people painted Chavez because we loved him very much. It’s as simple as that,” he said.

In recent decades, he argues that Venezuela’s public art has fallen increasingly under government control, with murals commissioned to carry explicitly political messages.

“Muralism is a story told on a wall,” Forastero said. “What we really see on the walls now are propaganda posters. I’m a chavista, and I’m disgusted by it.”

Still, the removal of the artwork is another form of propaganda, in Forastero’s eyes. He believes the Rodriguez government is seeking to project a more “neutral” appearance to better appeal to the US.

He also accuses Rodriguez of abandoning ideals key to the chavismo movement: namely, anti-imperialism and revolution. He pointed to the US’s role in shaping Venezuelan policy.

“The United States is forcing our government to behave this way,” Forastero said.

Rafael Araujo, a Venezuelan activist, has a different view of the changing landscape.

To him, there was something “jarring” about seeing chavista figures plastered across city walls, especially the leaders who have caused the country so much pain.

During their time in power, Chavez and Maduro both faced allegations of overseeing human rights abuses, including through the violent suppression of dissent. Venezuela’s last two presidential elections have been widely denounced as illegitimate.

Known in Caracas as Senor Papagayo, Araujo has used colourful, handmade kites to protest against government violence and economic policy.

He sees the Chavez murals as a form of oppression, an ever-visible reminder of a repressive government apparatus.

His kites are a way of sending a different message. His favourite carries aloft a single word: “Freedom”.

“Freedom is what all countries need. Democracy is the most balanced system a citizen can live under,” Araujo said.

Venezuela’s former first lady, Cilia Flores de Maduro, has asked a judge to release her from federal detention in the United States, citing a worsening heart condition.

In an application for pre-trial release on Wednesday, her legal team asked for the court to allow Flores to await trial under home confinement in Manhattan.

It described her declining health since US military operation on January 3 that resulted in her abduction from Caracas and imprisonment in New York, as well as that of her husband, former Venezuelan President Nicolas Maduro.

“Prior to the United States’ military invasion of Venezuela, Ms. Flores de Maduro was physically healthy and took no ongoing medication, other than a monthly injection to help control her mitral valve prolapse,” the legal filing said.

“Now she is prescribed four medications, maintains nitroglycerin by her side in the event of a potential heart attack, and grapples with the continued medical advice suggesting coronary exploration and surgery.”

Flores was a prominent figure in her husband’s government, serving as first lady since his inauguration in 2013.

Prior to Maduro’s first inauguration, she was also a leading member of the United Socialist Party of Venezuela (PSUV), the country’s dominant political movement, leading the National Assembly for more than four years.

But Maduro had long clashed with the administration of US President Donald Trump, who accused Venezuela of sending drug-traffickers into the US. Both Maduro and Flores have also faced allegations of participating in human rights abuses, including the violent suppression of political dissent.

After launching a one-day military operation to abduct Maduro and Flores, the Trump administration charged them both with drug- and weapons-related charges. They are currently awaiting trial in New York City.

But Flores’s health has been in doubt since her forced removal from Venezuela, according to her legal team.

After consulting outside medical experts, Flores’s lawyers said they believe she may have suffered a minor heart attack on July 29 while in US custody.

They also questioned whether she was receiving the appropriate medical care for her mitral valve prolapse, a condition affecting one of the heart’s valves.

Since her imprisonment, her lawyers said Flores has not received the monthly injection she needs to manage the condition.

Instead, she has reportedly been prescribed baby aspirin, a statin, diltiazem and nitroglycerin to use when she experiences chest pain.

Doctors have recommended that she undergo a cardiac procedure, which could result in additional heart operations. If she undergoes such treatment, Flores “will need adequate time to recover from any procedures in a setting conducive to restoring her health”, her lawyers said.

Thursday’s filing acknowledges that Flores does not “dispute that she has received excellent care” from medical professionals. But it argues that “a detention centre lacks the conditions needed for such a recovery”.

Her lawyers proposed moving Flores from the Metropolitan Detention Center in Brooklyn to a residence within the Manhattan federal court district, where she and Maduro are due to go on trial next June.

Under home detention, Flores would be subject to round-the-clock armed monitoring, with visits restricted to people approved by the court and federal prosecutors. Her home would also be monitored by video and her phone calls recorded, according to the filing.

Judge Alvin K Hellerstein has yet to rule on the application.

Flores, 69, and Maduro, 63, have been held in US custody since the January raid on their home in Caracas. Both have pleaded not guilty to the charges of participating in a conspiracy to traffic cocaine into the US.