Photo: Papin, Joseph | Public domain | Wikimedia Commons
Judge Hellerstein Weighs Letting Venezuela Pay Maduro’s Legal Fees Despite U.S. Sanctions in New York Narco‑Trafficking Case
At a March 26 hearing in the Southern District of New York, Judge Alvin Hellerstein heard arguments over whether Venezuela can pay legal fees for Nicolás Maduro in his U.S. narcotics/narco‑terrorism case, as Maduro and his wife Cilia Flores appeared in person and remain jailed in Brooklyn (held under restrictive SAMs). Defense lawyers say OFAC briefly authorized then rescinded a license to let the Venezuelan state fund his defense and argue the government stands ready to pay, prosecutors contend sanctions bar use of state‑controlled funds, and Hellerstein—noting eased U.S.–Venezuela relations—pressed why the block remains but did not rule or set a trial date amid dueling rallies.
📌 Key Facts
- Nicolás Maduro and his wife/co‑defendant Cilia Flores were seized in a U.S. military operation at their Caracas home in January and brought to New York to face cocaine‑importation conspiracy and related narcotics/narco‑terrorism charges; both remain jailed in Brooklyn, have not sought bail, and no trial date has been set.
- On March 26, 2026, Maduro and Flores appeared in person at a Southern District of New York hearing (Maduro in a beige jail uniform) where Judge Alvin Hellerstein heard arguments and is weighing pre‑trial issues, most notably whether the Venezuelan government may fund Maduro’s legal defense; Hellerstein has not yet ruled on that funding question.
- Hellerstein sharply questioned why U.S. prosecutors continue to block Venezuela from paying legal fees given a recent thaw in U.S.–Venezuela relations (including eased oil sanctions and restored diplomatic contacts), saying 'we have changed the situation in Venezuela' and emphasizing the defendants’ constitutional right to a defense.
- Maduro’s defense, led by Barry Pollack, argued that he cannot afford private counsel, that forcing a public‑defender arrangement would be unfair and drain resources from indigent defendants, and that the U.S. Treasury’s Office of Foreign Assets Control (OFAC) briefly approved a license on Jan. 9 allowing Venezuela to pay his legal fees before rescinding it hours later.
- Prosecutors — including SDNY attorney Kyle Wirshba — say the case is 'unique' because it raises sanctions and national‑security/foreign‑policy concerns; they say Maduro and Flores may use personal funds for their defense but that funds controlled by a sanctioned government are barred.
- Despite the defense’s sanctions‑related arguments, Judge Hellerstein declined to dismiss the indictments at the hearing.
- Since his January arrest, Maduro has been held under Special Administrative Measures (SAMs) in a refurbished unit at the Metropolitan Detention Center in Brooklyn described as a 'jail inside a jail' — a small, highly secure unit (up to 12 inmates) with tightly restricted communications and limited out‑of‑cell time; Flores is held in a different unit at the facility.
- The prosecution and court appearances have generated dueling rallies outside the Manhattan courthouse and coordinated gatherings in Caracas, underscoring continued political mobilization and controversy over the U.S. operation that captured Maduro.
📰 Source Timeline (8)
Follow how coverage of this story developed over time
March 27, 2026
6:55 AM
Judge weighs whether Venezuela can pay Maduro's legal costs in US drug trafficking case
New information:
- Judge Alvin Hellerstein held a new hearing Thursday at which he sharply questioned why U.S. prosecutors are still blocking Venezuela from paying Nicolás Maduro’s legal fees under U.S. sanctions, given the recent warming of relations and easing of oil sanctions.
- Hellerstein stated in open court that 'we have changed the situation in Venezuela' and framed the 'paramount' issue as the defendants’ constitutional right to a defense, though he did not yet rule on whether Venezuela can fund Maduro’s counsel.
- The article confirms Maduro and his wife/co‑defendant Cilia Flores appeared in beige jail uniforms for their first court appearance since their January arraignment, remain jailed in Brooklyn without seeking bail, and still have no trial date set.
- The piece describes dueling rallies outside the Manhattan courthouse and coordinated gatherings in Caracas, where government‑organized crowds watched a live feed, underscoring continuing political mobilization around Maduro’s U.S. prosecution.
- It notes that since Maduro’s capture by U.S. forces in January, Washington has re‑established diplomatic relations with Venezuela, eased some oil sanctions, and sent a chargé d’affaires to Caracas — all factors Hellerstein invoked in questioning the continued sanctions bar on defense funding.
March 26, 2026
10:40 PM
News Wrap: Thune gives Democrats 'last and final' offer to end DHS shutdown
New information:
- A federal judge in the Southern District of New York stated he will not dismiss the U.S. narcotics/narco‑terrorism case against ousted Venezuelan President Nicolás Maduro, despite defense arguments over sanctions‑related obstacles to funding his legal team.
- The NewsHour item situates this ruling specifically as the outcome of the latest hearing where Maduro's lawyers challenged OFAC‑related limits on paying counsel.
6:32 PM
Venezuela's Nicolás Maduro faces judge in court
New information:
- Nicolás Maduro physically appeared in the New York courtroom on Thursday for the scheduled pre‑trial hearing.
- A federal judge in New York heard argument and is now weighing key pre‑trial issues in the case.
- CBS confirms the hearing occurred as scheduled, advancing the narco‑terror prosecution’s procedural timeline.
6:32 PM
Maduro’s Lawyer Says He Won’t Get Fair Trial Without Money to Pay Legal Bills
New information:
- At Maduro’s second federal court appearance in New York, his lawyer told the judge that Maduro is being denied a fair trial on narcoterrorism charges because he lacks money to pay his legal bills.
- The defense further asserted that the U.S. government has barred Venezuela from contributing funds toward Maduro’s legal defense.
- The article reiterates that Maduro and his wife, Cilia Flores, were seized by U.S. authorities in a January military operation at their home in Caracas and brought to New York to face cocaine‑importation conspiracy and related charges.
5:54 PM
Nicolás Maduro's lawyer argues against U.S. blocking funding for drug trafficking case defense
New information:
- Confirms a March 26, 2026 hearing in SDNY at which both Nicolás Maduro and his wife Cilia Flores appeared in person for arguments over using Venezuelan government funds to pay his defense team and over motions to dismiss the indictments.
- Identifies prosecutor Kyle Wirshba, who told the court this is a 'unique case' implicating the U.S. government’s ability to use sanctions to advance national‑security and foreign‑policy interests, sharpening the sanctions‑law angle.
- Provides specific quotes from defense lawyer Barry Pollack arguing that forcing Maduro into a public‑defender arrangement would drain resources from indigent defendants when 'someone other than the U.S. taxpayer' (the Venezuelan state) is 'standing ready, willing and able' to fund the defense.
- Adds fresh detail on public reaction: dueling rallies outside the Manhattan courthouse with 'Maduro rot in prison' and 'Free President Maduro' signs, plus a separate support gathering in Caracas denouncing the Jan. 3 U.S. operation as a violation of Venezuelan sovereignty.
- Restates that Judge Alvin Hellerstein has not yet set a trial date but could do so in connection with this hearing, and notes that neither Maduro nor Flores has sought bail; both remain jailed at a Brooklyn detention center.
5:39 PM
Maduro held in a "jail inside of a jail" under special restrictions, sources say
New information:
- Confirms that since his January arrest, Nicolás Maduro has been held in a Special Administrative Measures (SAMs) unit at the Metropolitan Detention Center in Brooklyn, described by staff as a 'jail inside of a jail' for the highest‑risk detainees.
- States that the refurbished SAMs unit at MDC can hold up to 12 inmates and was created after the closure of the Metropolitan Correctional Center in Manhattan, with added walls and secure doors.
- Details that under SAMs, Maduro spends essentially all of his time inside the unit, only leaving his cell to shower, meet his lawyer, or take one hour of solo recreation on a deck handball court under escort and 24‑hour surveillance.
- Notes that his communications with the outside world are tightly restricted under DOJ‑directed SAMs because officials believe prisoner communications could cause harm, and that SAMs designations run for 120 days but can be renewed indefinitely.
- Reports that Maduro’s wife, Cilia Flores, is being held in a different unit at the same facility, and that prior high‑profile figures like Juan Orlando Hernández are believed to have been held in the same SAMs unit before transfer.
7:23 AM
Nicolás Maduro heads back to a US court, fighting charges as Venezuela moves on without him
New information:
- Maduro and Cilia Flores are returning to a New York courtroom on Thursday, March 26, 2026, for a hearing at which Judge Alvin Hellerstein could set a trial date.
- Maduro’s lawyer Barry Pollack says OFAC approved a license on Jan. 9 allowing the Venezuelan government to pay his legal fees, then rescinded that authorization less than three hours later without explanation.
- Prosecutors say the U.S. has authorized Maduro and Flores to use personal funds for their defense but will not permit use of funds controlled by a sanctioned government; Maduro claims he cannot afford private counsel and argues he is entitled to have Venezuela pay.
- Both Maduro and Flores remain jailed at a Brooklyn detention center and have not sought bail; Maduro’s declaration to the court asserts he is still the 'constitutional president' and insists on his right to Venezuelan‑funded counsel.
- The article elaborates on Venezuela’s internal political shift: Acting President Delcy Rodríguez has replaced key Maduro loyalists, reorganized agencies, reshaped state television away from Maduro’s hours‑long shows, and restored U.S. diplomatic ties while the U.S. eases some oil sanctions and sends a chargé d’affaires to Caracas.