Maduros

Mérida, April 28, 2026 (venezuelanalysis.com) – The US government has authorized the use of Venezuelan state assets to cover the legal defense fees of President Nicolás Maduro and First Lady Cilia Flores. 

According to reports, the Treasury Department’s Office of Foreign Assets Control (OFAC) issued a waiver to its existing sanctions against the Caribbean country.

The resolution, formalized in an April 24 letter from the US Justice Department to New York District Judge Alvin Hellerstein, removes an early hurdle in the high-profile case against Maduro and Flores. The pair was kidnapped by US Special Forces on January 3 and is facing charges including drug trafficking conspiracy.

The joint letter, signed by US Attorney Jay Clayton and several assistant prosecutors, clarifies that the amended OFAC licenses allow defense counsel to receive payments under strict parameters. 

“The amended licenses authorize defense counsel to receive payments from the government of Venezuela with funds made available after March 5, 2026,” the document read. US prosecutors further clarified that the defense cannot be funded with Venezuelan oil revenues that are currently controlled by the US Treasury, as well as Venezuelan state assets that have been frozen for years.

The issue of access to legal funding had previously been a central flashpoint in the case. Barry Pollack, Maduro’s defense attorney, had filed a motion to dismiss the case, arguing that the US government was effectively denying the defendants their constitutional right to a fair trial by blocking their ability to pay for attorneys of their choice.

At the latest hearing on March 26, Judge Hellerstein ruled out dismissing the charges but challenged the US prosecutors’ justifications for blocking Caracas’ ability to fund Maduro and Flores’ defense.

Following the issuance of the OFAC licenses, the defense has reportedly withdrawn its motions to dismiss the case, though it retains the right to refile should similar financial obstacles arise in the future. The Venezuelan government has yet to comment on this latest development in the case.

At present, no date has been scheduled for either a hearing or the commencement of the trial. The parties have submitted a request to the court for a status conference to be scheduled in approximately 60 days. The case has progressed slowly, with the prosecution pointing to the complexity of the discovery process.

At their January 5 arraignment, Maduro and Flores pleaded not guilty to charges. Despite repeated “narcoterrorism” accusations over the years, US officials have not publicly provided evidence tying Venezuelan leaders to narcotics activities. In addition, reports from specialized agencies including the US’ DEA have consistently found Venezuela to play a marginal role in global drug trafficking.

Edited by Ricardo Vaz in Caracas.

Defence lawyers had asked for case to be thrown out, claiming Maduro’s rights were violated following US abduction.

The United States has agreed to ease certain sanctions on Venezuela in order to allow the country’s government to cover the legal fees for ex-president Nicolas Maduro, who is on federal trial in New York City for drug trafficking charges after being abducted by US forces in January.

Maduro’s lawyer, Barry Pollack, had asked the Manhattan-based US District Judge Alvin Hellerstein to toss out the case in February, arguing that a prohibition on the government in Caracas paying the legal fees constituted a violation of Maduro’s legal right to the counsel of his choice.

In a court filing, US Department of Justice lawyers agreed to modify US sanctions so that the Venezuelan government could pay Maduro’s defence lawyer. They said the change makes the defence’s motion to throw out the case “moot”.

The pivot is the latest update in a closely watched trial that has raised a series of legal questions based on Maduro’s status as a former head of state and how he was taken into US custody.

Critics have condemned the proceedings as fundamentally illegitimate, pointing to the extraordinary US military operation to abduct Maduro and his wife, Cilia Flores, from Venezuela. Legal experts have called the raid a blatant violation of international law.

The Trump administration has maintained that the abduction was a law enforcement operation supported by the military. It has argued that Washington does not recognise Maduro as the legitimate leader of Venezuela following several contested elections.

Under the international law concept of “head of state immunity”, sitting world leaders are typically granted immunity from foreign national courts.

After being spirited to the US, Maduro and Flores pleaded not guilty and remain jailed in Brooklyn, New York. Maduro has rejected the US charges as a false pretext for seizing control of the South American country’s natural resources.

US President Donald Trump has repeatedly expressed his desire for foreign companies to access Venezuela’s vast oil reserves.

During a hearing on March 26, Judge Hellerstein did not signal that he would throw out the trial, but did question whether the sanctions preventing the Venezuelan government from covering Maduro’s legal fees were a violation of constitutional rights.

All criminal defendants in the US have constitutional rights, regardless of whether or not they are US citizens.

Prosecutors, at the time, argued that the sanctions were based on national security interests and asserted that the executive branch, rather than the judiciary, oversees foreign policy.

They further argued that Maduro and Flores could use personal funds to pay for a lawyer of their choice.

“The defendant is here, Flores is here. They present no further national security threat,” said Hellerstein.

“The right that’s implicated, paramount over other rights, is the right to constitutional counsel.”