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Judge questions Maduro about his use of Venezuelan defense funds

The U.S. Judge questioned the U.S. government on Thursday about its justification in preventing Nicolas Maduro, the ousted Venezuelan President from using South American funds to pay for his legal defense against U.S. charges of drug trafficking. However, he said that he wouldn't dismiss the case against him based on this.

Maduro, and his wife Cilia Flores wore beige prison garb at the Manhattan federal court hearing, more than two month after U.S. forces captured them and transported them to New York in a surprise raid in Caracas.

Maduro and Flores have both pleaded no contest to charges of narcoterrorism and conspiracy. They are currently being held in Brooklyn, NY, while they await trial.

They asked U.S. district judge Alvin Hellerstein for dismissal of the charges. Their inability to rely upon Venezuelan public funds interferes with their right to have an attorney of their choice under the Sixth Amendment to the U.S. Constitution.

According to their lawyers, Maduro and Flores are unable to afford their own legal fees.

Kyle Wirshba, the prosecutor in the case, said that the U.S. restrictions on the payments were based upon existing national security and international policy interests. Hellerstein sounded skeptical about that argument and noted that the U.S. has relaxed sanctions on Venezuela since Maduro was ousted.

"The defendant is present, Flores also is." Hellerstein said that they do not pose a threat to national security. Hellerstein is a judge appointed by Democratic President Bill Clinton. "The most important right, and the one that is at stake, is to have constitutional counsel."

Pollack, the lawyer who represented WikiLeaks founder Julian Assange in the case, said that he would withdraw if Hellerstein didn't dismiss the allegations and the Venezuelan government couldn't pay his fees. It was unclear what Pollack charges Maduro. Pollack didn't respond to an inquiry for comment.

On Thursday morning, Donald Trump, the U.S. president, told reporters that Maduro would face additional charges, but did not provide any details.

MADURO CAUGHT BY SPECIAL ARMIES

U.S. Special Forces captured Maduro, and Flores during a surprise raid on their Caracas home on January 3, and flew them back to New York for drug trafficking charges. This operation is detailed in an examination of the covert missions and its geopolitical consequences.

Maduro was transferred from the Metropolitan Detention Center, Brooklyn to the Federal Courthouse in Lower Manhattan at the dawn of Thursday.

Police separated Maduro opponents outside the courthouse - including one who held an orange jumpsuit-clad effigy - from pro-Maduro protesters holding signs that read "Free President Maduro."

Maduro, his wife and Venezuelan law dictate that the government pays for the first lady and the president's expenses.

The prosecution argues that since the U.S. does not recognize Maduro as Venezuela’s legitimate president?since 2019?he and Flores shouldn't expect the U.S. to allow Venezuela pay for their legal fees. If Maduro or Flores cannot afford to hire their own attorneys, they can be assigned a public defender.

NARCOTERRORISM - LAW HAS A LIMITED TRIAL SUCCESS Maduro is facing four felony charges, including narcoterrorism conspiracies that criminalize drug trafficking in order to finance what the United States views as terrorism. The statute has been rarely tested in court, and an analysis of court records revealed that two of the four convictions were overturned due to issues relating to witness credibility.

During Trump's first term as president, he increased sanctions against Venezuela due to allegations that Maduro's government is corrupt and undermines democratic institutions. Washington called Maduro’s 2018 reelection "fraudulent".

Maduro dismissed these accusations along with those of his involvement in drug trafficking as pretextual reasons for what he said was a U.S. wish to seize the vast oil reserves of South American OPEC country.

Since Maduro was captured, Delcy Rodriquez, Maduro’s former vice-president, has been acting as interim president. (Reporting and editing by Noeleen Walder and Howard Goller in New York, and Luc Cohen and Jack Queen from New York)

(source: Reuters)