Rodriguezs

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.

Venezuela’s interim President Delcy Rodriguez took to the stage yesterday at the United Nations General Assembly meeting in New York City to deliver a rather bland speech, in which she thanked United States President Donald Trump for resuming “diplomatic relations and cooperation” with Venezuela.

This was a different vibe, to be sure, than the one she opted for at the same venue in September 2019, when, as vice president under Nicolas Maduro, she accused the US of perpetrating “economic terrorism” that did not require the use of bombs “but rather through banks and insurance companies”.

Denouncing the global superpower’s militarisation of international relations and punishment of millions of innocent people “in order to apply regime change doctrines and steal other nations’ resources”, the Rodriguez of 2019 went on to cite Venezuelan economic losses to the tune of $130bn between 2015 and 2018 alone on account of US sanctions.

She additionally offered her opinion that the domination of the US political system by “plutocratic minorities” made the country unqualified to impose its model on other countries.

Seven years later, US plutocracy is going strong with Trump at the helm – the same Trump alongside whom a grinning Rodriguez appeared in a photograph taken in New York on Tuesday, less than nine months after he oversaw regime change in Venezuela by kidnapping Maduro.

The kidnapped president is now also in New York, albeit in jail, and is scheduled to stand trial in June 2027. This despite his attempts to remind everyone that, as a sitting head of state, his prosecution in a foreign court contravenes international law.

Then again, abducting other countries’ presidents is also pretty glaringly illegal. But Trump has made it clear that he alone is in charge of deciding what is and is not permissible on any given day.

The abduction took place on January 3, when the US military launched air attacks on Venezuela, killing some 100 people and whisking Maduro and his wife away.

He is accused of an array of misdeeds, including being the leader of the “Cartel of the Suns” – which, mind you, does not actually exist – and engaging in “conspiracy to possess machineguns and destructive devices”.

This is quite the accusation coming from the country that just used all manner of destructive devices to bomb Venezuela and kill a bunch of people.

Anyway, bald-faced hypocrisy is nothing new in the land of the “plutocratic minorities”.

Now, the waning corporate media interest in Maduro’s fate amounts to another coup for US impunity, as folks go about more or less forgetting that there is a foreign head of state sitting in a Brooklyn prison.

But Maduro’s disappearance works out well for Rodriguez, as she goes about enabling the very theft of resources she once decried.

Rodriguez took the stage at the UN the day after Trump, who used the platform to pat himself on the back for the trampling of Venezuelan sovereignty that conveniently culminated in last month’s announcement from the White House of the “biggest oil deal in world history”, securing US majority control of more than 65 billion barrels of Venezuela’s proven oil reserves.

Speaking to his international audience, Trump boasted: “To the victor belong the spoils. You’ve all heard that.”

Never mind that you’re not technically supposed to admit that you attacked a country just to get its oil. (You’re also not, in polite company, supposed to threaten to annihilate Iran – another of Trump’s UN talking points.)

Since January, the US has lifted many coercive economic measures against Venezuela (including against Rodriguez herself), easing the brutal sanctions regime that as of 2020 was estimated to have already killed 100,000 Venezuelans, according to former UN independent expert Alfred-Maurice de Zayas.

But trading sanctions for de facto colonialism isn’t a great deal, either.

Meanwhile, Trump’s continued manic bombing of vessels in the Caribbean and Pacific, which a recent UN report warned may constitute crimes against humanity, suggests the US is nowhere near to kicking its old habit of terrorism – and is all the more reason that Rodriguez might have refrained from thanking the US leader for his “cooperation”.

As Gregory Wilpert, founder of the Venezuelanalysis website and author of Changing Venezuela by Taking Power, diplomatically put it to me: “One cannot help but wonder whether Delcy Rodriguez is over-complying with Trump in some aspects of her negotiations with him.”

Noting that Rodriguez is “in a highly vulnerable position”, Wilpert ran through a few of the options she faces, such as “the possibility that the Trump administration could treat her as it treated Maduro – by attempting to kidnap her – or as it treated Iran, by targeting the country’s highest levels of government”.

Or, Wilpert said, there is always the Cuba approach, which would entail “the kind of economic siege” that is undertaken “with the aim of starving an entire country”.

In her UN address, Rodriguez promised that Venezuela would hold elections at some unspecified point in time – not that the US, for its part, really cares about democracy as long as the right people are in power.

And although it’s still too early to tell, Rodriguez might just be one of those people.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.