Lawyers for former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, on March 17 asked a U.S. federal court to dismiss the criminal case against them.
According to the filing, the defense argues that U.S. sanctions imposed by the Treasury Department effectively violate Maduro and Flores’s Sixth Amendment right to counsel of their choosing and their Fifth Amendment right to due process.
They contend that the sanctions of Trump administration restrict access to funds needed for their legal defense, thereby undermining their constitutional rights.
“The only remedy is dismissal,” their attorneys wrote, arguing that forcing the defendants to rely on court-appointed counsel cannot cure what they describe as a constitutional violation.
According to the attorneys, the U.S. Treasury Department initially issued licenses allowing payment of legal fees, but later revoked them. They argue that sanctions enforced by the Treasury Department prevent the defendants from accessing Venezuelan government funds.
In a filing submitted, defense attorneys contend that sanctions enforced by the Treasury Department’s Office of Foreign Assets Control(OFAC) are preventing the couple from using Venezuelan government funds to pay for their legal representation.
Added, the attorneys also raised concerns about inconsistencies in the U.S. government’s licensing process. While such payments were blocked in this case, they noted that other transactions involving Venezuelan funds—particularly commercial or otherwise legitimate activities—have continued to receive approval.
According to the attorneys, Treasury initially issued licenses allowing payment of legal fees, only to later revoke them. At times, officials described the original approvals as administrative errors; at others, they cited broader policy considerations following consultations with the State Department.
