A 92-year-old Clinton appointee, Judge Alvin Hellerstein, has been assigned to the case involving Nicolás Maduro.
Judge Hellerstein previously barred the Trump administration from removing Venezuelans from the U.S. under the Alien Enemies Act, which he ruled had been applied unlawfully, stating, “These people are being thrown out of the country because of tattoos”.
Maduro was captured in a U.S. military operation in Caracas on January 3, 2026, and is being transported to New York to face criminal charges.
He and his wife, Cilia Flores, are charged in the U.S. District Court for the Southern District of New York under a superseding indictment originally filed in 2020. The charges include narco-terrorism conspiracy, cocaine importation conspiracy, and possession of machine guns and destructive devices. The indictment alleges coordination with Colombian groups such as FARC and ELN, as well as the Venezuelan Tren de Aragua gang and Mexican drug cartels.
U.S. Attorney General Pam Bondi confirmed the indictment and stated that Maduro and Flores will face the full weight of American justice in U.S. courts.
The legal proceedings will take place in federal court, not a military tribunal, and if Maduro does not hire counsel, one will be appointed for him. The case is unprecedented, as it involves the prosecution of a sitting head of state not recognized as legitimate by the U.S. government, which may argue against immunity under international law.
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