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Maduro reappears in court thinner; judge upholds charges against him

"They no longer pose any threat to national security," judge said

Photograph of a drawing by Jane Rosenberg showing Venezuelan President Nicolás Maduro appearing in federal court in New York. EFE/ Jane Rosenberg

The judge in charge of the trial against ousted Venezuelan leader Nicolás Maduro and his wife, Cilia Flores, ruled out Thursday dismissing the charges of narco-terrorism against the couple, although he questioned the validity of the sanctions that prevent the accused from paying for their defense with Venezuelan funds.

In this second hearing held in New York after his capture in Caracas last January, a visibly thinner Maduro was seen with grayer hair.

Nicolás Maduro reappears in court

Maduro reappears in court: He entered the courtroom, on the 26th floor of the Southern District Court of New York, smiling and said “good morning” to his legal team, as did his wife, but with a more serious countenance.

During the rest of the hearing both remained silent and Maduro was seen taking notes.

Maduro showed a slight limp, as he did two months ago, and was wearing the regulation inmate uniform: pants and a khaki sleeved T-shirt over an orange T-shirt.

A unique case


The defense of the South American politician argued that the U.S. Government is violating the Sixth Amendment of the Constitution.

According to Maduro’s lawyers, the Office of Foreign Assets Control (OFAC) revoked the licenses that would allow them to use Venezuelan State assets to pay their fees, which would leave the defendants in a situation of defenselessness as they would not be able to freely choose their representatives.

Judge Alvin Hellerstein, 92, noted on several occasions that this is a “unique case” and was critical of the position of the Prosecutor’s Office, which maintains that the Executive should retain the power to use sanctions as a foreign policy tool.

“The defendant is here. Flores is here. They no longer represent any threat to national security,” the magistrate affirmed, stressing that the political situation has changed, due to the fact that Washington now maintains contacts with the interim government of Delcy Rodriguez.

Despite these statements, Hellerstein was categorical in rejecting the dismissal of the case – as requested by the Prosecutor’s Office – calling it “too serious” a measure.

The judge promised to issue an official decision on whether he will order the Donald Trump Administration to allow access to the defense funds, but clarified that the judicial process will run its course regardless of the method of payment.

Also discussed at the hearing was the Prosecutor’s request to prohibit the defendants from sharing evidentiary material with fugitive co-defendants, among them the still Venezuelan Minister of the Interior, Diosdado Cabello, and the president’s son, Nicolás Maduro Guerra.

Hellerstein did not give a final decision on this matter, but noted that “talking” is not the same as “sharing”.

A nonagenarian judge


Experts estimate that the formal trial will not begin for another year or two, by which time the judge would be 94 years old.

According to The New York Times, the magistrate was seen falling asleep during a trial last year, which has raised doubts about his ability to conduct a trial that is expected to be lengthy and of extreme technical complexity.

Today Hellerstein’s voice broke, he was forced to stop on occasion to drink water, he had lapses, and both the defense and the prosecution asked him to repeat himself because he could not hear or understand what he was saying.

Maduro faces four charges, including conspiracy to commit narcoterrorism and cocaine importation.

Flores, for her part, is charged with crimes related to drug trafficking conspiracy and weapons possession.

Both pleaded “not guilty” last January, an occasion on which Maduro defined himself as a “prisoner of war”.

On Thursday, the lawyers also expressed concern for the health of Flores, who is awaiting an echocardiogram.

At her first appearance in January, the defense had already reported injuries to the former first lady’s ribs.

Riot in the streets of New York


From early in the morning, two groups of demonstrators – made up of less than a hundred – gathered outside the hearing, leading to clashes and moments of tension.

In the first rally, called three hours before the scheduled start of the session, they demanded the release of the Venezuelan because his detention was “illegal”.

Mostly Americans, they came carrying signs in support of the Maduro-Flores marriage and chanted slogans in favor of the leader, all in English.

The second group, which was not expected until just before the session began, was made up of Venezuelans who demanded justice for their country, which for them includes the condemnation of the deposed leader.

Filed under: Maduro reappears in court

With information from EFE

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