NEW YORK — Former Venezuelan President Nicolás Maduro and his wife were back in a New York courtroom Thursday as they seek to have their drug trafficking indictments thrown out over a geopolitical dispute over legal fees.

The hearing opened with the defense and prosecution arguing over whether Maduro should be allowed to use Venezuelan government funds to pay for his defense. The defense has insisted that the U.S. is violating the deposed leader's constitutional rights by blocking government money from being used for his legal costs.

Maduro lawyer Barry Pollack contended that if Maduro got public defenders, investigating and preparing his case would sap legal resources meant for people who can’t afford their own attorneys, and that doesn’t make sense in “a case where you have someone other than the U.S. taxpayer standing ready, willing and able to fund that defense.”

Prosecutor Kyle Wirshba argued against letting Maduro use Venezuelan government funds.

“This is a unique case that has not come before the judiciary before,” he said, casting it as an issue of the U.S. government’s ability to use sanctions to advance national security and foreign policy interests.

Thursday's hearing is the first time Maduro and his wife, Cilia Flores, have been in court since a January arraignment at which he protested their capture by U.S. military forces and declared: "I am not guilty. I am a decent man, the constitutional president of my country." Flores has also pleaded not guilty.

Maduro and Flores sat at the defense table between their lawyers, wearing jail uniforms and headphones to listen to the translation.

They are also accused of ordering kidnappings, beatings and murders of those who owed them drug money or undermined their trafficking operation. That included the killing of a drug boss in Caracas, the indictment said. If convicted, they face life in prison.

Both have remained jailed at a Brooklyn detention center, and neither has asked to be released on bail. Judge Alvin Hellerstein has yet to set a trial date, though that could happen at the hearing.

Rallies held before court hearing

Groups of demonstrators gathered outside the courthouse to rally both in favor of and against Maduro. In a noisy scene, protesters and supporters chanted, blew horns and beat drums and cowbells. Among the anti-Maduro contingent, one person waved a sign reading “Maduro rot in prison.” On the other side of a metal barrier, people held signs reading “Free President Maduro.”

In Caracas Thursday morning, a couple hundred people gathered at a public plaza including ruling party supporters, state employees and civilian militia members. One of the attendees, retiree Eduardo Cubillan, said he was there to pray for Maduro and Flores and condemn the violation of Venezuela’s sovereignty during the Jan. 3 operation.

“We hope that in the United States, if justice truly exists, a trial will be held that will lead to President Maduro’s freedom, because this kidnapping violated international legal principles, and we want justice to be served,” Cubillan, 80, said.

Maduro, 63, and Flores, 69, continue to enjoy some support in Venezuela, with murals and billboards across the capital, Caracas, demanding their return. While Maduro's ruling party remains in power, he has slowly been erased from the government of Delcy Rodríguez, Venezuela's acting president.

Rodríguez has replaced senior officials including Maduro’s faithful defense minister and attorney general, reorganized agencies, appointed ambassadors and eliminated tenets of the self-proclaimed socialist movement that has ruled Venezuela for more than two decades.

Funding for defense a key early issue

Venezuela has since reestablished diplomatic relations with the U.S., which in 2019 cut ties with Maduro's government and recognized the then-head of the National Assembly, a member of the opposition, as the country's legitimate leader. The U.S. has eased economic sanctions on Venezuela's crucial oil industry and also dispatched a chargé d'affaires to Caracas.

But that may not spare Maduro and Flores from having to foot their own legal bills.

In a court filing last month, Pollack said the U.S. Treasury Department’s Office of Foreign Assets Control, which administers sanctions, flip-flopped on a decision to let Venezuela pay for his legal fees.

The office approved the arrangement Jan. 9, Pollack said, but then rescinded it without explanation less than three hours later.

In a written declaration filed with the court, Maduro argued that he is “entitled to have the government of Venezuela pay for my legal defense.”

Prosecutors responded that the U.S. government had authorized Maduro and Flores to use personal funds to pay their legal fees but would not let them do so from a fund controlled by a sanctioned government.

Maduro said in his declaration that he is unable to afford his defense. To qualify for a lawyer at U.S. taxpayer expense, he must show he is too poor to pay for it.

Case centers on drug trafficking charges

During a Cabinet meeting Thursday, President Donald Trump accused Maduro of being a “major purveyor of drugs coming into our country.”

Trump said Maduro would be given “a fair trial. But I would imagine there are other trials coming.” He didn’t provide details, but suggested the current charges Maduro is facing might be “a fraction of the kind of things that he’s done.”

Maduro and Flores were seized Jan. 3 in a middle-of-the-night raid on their Caracas home.

A 25-page indictment accused him and others of working with drug cartels and members of the military to facilitate the shipment of thousands of tons of cocaine into the U.S.

Post-Maduro, everyday life for most Venezuelans remains the same.

Many public sector employees earn just about $160 per month, while the average private sector worker makes about $237. Last year the annual inflation rate soared to 475%, according to Venezuela’s central bank, putting the cost of food and other essentials beyond the reach of many.

___

Garcia Cano reported from Caracas. Associated Press writer Dave Collins in Hartford, Connecticut, contributed to this report.

Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.