Secretary of State Marco Rubio to Testify as Prosecution Witness in Ex‑Rep. David Rivera’s Trial Over Alleged Secret Venezuela Lobbying and $50 Million CITGO Deal
Secretary of State Marco Rubio will testify as a prosecution witness in the federal trial of former Rep. David Rivera that began Monday in Miami after Rivera’s defense signaled it would call him — Axios says Rubio specifically asked to be called and will be the first sitting U.S. secretary of state in recent history to testify in a criminal trial. Rivera and co‑defendant Esther Nuhfer are charged in an 11‑count indictment alleging money laundering and failure to register as foreign agents over a purported $50 million, three‑month contract tied to Venezuelan state oil interests (PDVSA/CITGO) allegedly brokered via then‑Foreign Minister Delcy Rodríguez; prosecutors say the defendants set up encrypted chats with code names and secretly lobbied for Nicolás Maduro. Rubio is identified in the indictment as “U.S. Senator 1” and told the FBI that a 2017 meeting with businessman Raúl Gorrín was pitched as discussing a “peaceful transition,” while the defense contends Rivera’s work was commercial, aimed at luring Exxon back to Venezuela, not clandestine lobbying.
📌 Key Facts
- The federal trial of former Rep. David Rivera formally began Monday in Miami federal court; he and co‑defendant Esther Nuhfer are on trial.
- An 11‑count indictment accuses Rivera and Nuhfer of money laundering and failing to register as foreign agents, centered on a $50 million 2017 contract involving CITGO/PDVSA.
- Prosecutors allege Rivera secured a $50 million, three‑month lobbying contract to be paid by Venezuelan state oil company PDVSA (via CITGO) that was brokered through then‑Foreign Minister Delcy Rodríguez, and that the work was intended to secretly benefit Nicolás Maduro and Delcy Rodríguez.
- Prosecutors say Rivera used an encrypted "MIA" chat with businessman Raúl Gorrín and employed code names — e.g., "bus driver" for Nicolás Maduro, "The Lady in Red" for Delcy Rodríguez, "Sombrero" for Rep. Pete Sessions, and "melons" for millions of dollars.
- Prosecutor Roger Cruz framed the case as about "greed and betrayal," alleging Rivera and Nuhfer made "a pact to secretly lobby" for Maduro and Delcy Rodríguez.
- Rivera's defense says he worked for a U.S. Citgo subsidiary and that the $50 million contract was commercial work (purportedly to lure Exxon back to Venezuela) and therefore exempt from FARA; defense lawyer Ed Shohat characterized the case as akin to Seinfeld — "about nothing," arguing Rivera sought to remove Maduro rather than help him.
- Marco Rubio is identified in the indictment as "U.S. Senator 1," told the FBI in 2020 that a 2017 meeting with Raúl Gorrín was pitched as discussing a "peaceful transition of power," and has been asked to testify as a prosecution witness after Rivera's defense signaled it would call him.
- If he testifies, Rubio will be the first sitting U.S. secretary of state in recent history to appear in a criminal trial; reporters note the trial's timing is "extremely inconvenient" as Rubio is managing fallout from the Iran war, Venezuela regime‑change issues, and related foreign‑policy crises.
📊 Relevant Data
Since 2016, the U.S. Department of Justice has pursued an increased number of criminal cases under the Foreign Agents Registration Act (FARA), with at least 11 cases resolved between 2019 and 2025, compared to only seven from 1966 to 2015.
Criminal Enforcement — FARA.us
U.S. economic sanctions imposed on Venezuela since 2017 have contributed to a massive contraction in the Venezuelan economy, exacerbating livelihoods and driving migration, with research linking the August 2017 sanctions to decreased oil exports and hyper-dependency on oil revenue.
Venezuelan Refugee Crisis: A Consequence of U.S. Economic Sanctions on the Oil Sector — University at Albany Scholars Archive
As of 2026, the Venezuelan immigrant population in the U.S. has grown to about 1.2 million, more than doubling in the past five years, with over 49% residing in Florida, where they tend to have lower median household incomes ($71,900 in 2023) compared to all immigrant-led households ($78,700) and U.S.-born households ($77,800).
7 facts about Venezuelans in the US — Pew Research Center
A 2021 study found that the influx of Venezuelan refugees to Miami did not have an adverse effect on labor market outcomes, such as wages or employment, for U.S.-born workers.
The Labour Market Effects of Venezuelan Refugee Crisis in the United States — Oxford Bulletin of Economics and Statistics
U.S. public opinion on the removal of Venezuelan President Nicolás Maduro is divided, with a January 2026 poll showing 33% of Americans approving, 34% disapproving, and 32% unsure, while 38% believe it will improve quality of life in Venezuela compared to 21% who think it will worsen it.
Americans divided after U.S. move in Venezuela, poll finds — Cleveland.com
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- Rubio specifically asked to be called as a prosecution witness after Rivera’s defense team signaled it would call him, according to three Axios sources.
- Axios confirms Rubio will be the first sitting U.S. secretary of state in recent history to testify in a criminal trial.
- The article details that Rivera and co-defendant Esther Nuhfer are charged in an 11-count indictment involving money laundering and failure to register as foreign agents for Nicolás Maduro’s government, centered on a $50 million 2017 contract with CITGO.
- Rubio is identified in the indictment as 'U.S. Senator 1' and told the FBI in 2020 that a 2017 meeting with businessman Raúl Gorrín was pitched as discussing a 'peaceful transition of power' in Venezuela.
- Prosecutor Roger Cruz is quoted in opening statements describing the case as about 'greed and betrayal' and alleging the defendants made a pact to secretly lobby for Maduro and Delcy Rodríguez.
- Defense lawyer Ed Shohat likens the case to Seinfeld 'about nothing,' arguing Rivera tried to remove Maduro from power rather than help him stay.
- The piece situates the trial’s timing as 'extremely inconvenient' for Rubio, who is simultaneously helping manage fallout from the Iran war, Venezuela regime change, and Trump’s stated plans to 'take' Cuba.
- Confirms that the federal trial of former Rep. David Rivera formally began Monday in Miami federal court.
- Details that prosecutors allege Rivera secured a $50 million, three‑month lobbying contract to be paid by Venezuelan state oil company PDVSA, brokered via then–Foreign Minister Delcy Rodríguez, now Venezuela’s acting president.
- Adds that prosecutors say Rivera set up an encrypted 'MIA' chat with media tycoon Raúl Gorrín, using code names such as 'bus driver' for Nicolás Maduro, 'The Lady in Red' for Delcy Rodríguez, 'Sombrero' for Rep. Pete Sessions, and 'melons' for millions of dollars.
- Reports defense counsel’s opening argument that Rivera worked for a U.S. Citgo subsidiary, not PDVSA directly, and that his $50 million contract was supposedly commercial work to lure Exxon back to Venezuela and thus exempt from FARA.
- Provides prosecutor Roger Cruz’s framing quote that the case is about 'two things: greed and betrayal' and accuses Rivera and co‑defendant Esther Nuhfer of making 'a pact to secretly lobby for Nicolás Maduro.'