Judge rejects request to dismiss drug trafficking charges against Nicolás Maduro and his wife

Ousted Venezuelan leader Nicolás Maduro and his wife, Cilia Flores, returned Thursday to a federal courtroom in New York City where a judge rebuffed an attempt by one of their lawyers to get the drug trafficking charges against them dismissed.

Judge Alvin Hellerstein made it clear that the much-anticipated trial would continue after Maduro lawyer Barry Pollack argued that the drug trafficking indictment should be thrown out because the U.S. government is blocking their ability to pay for their defense.

“I’m not going to dismiss the case,” Hellestein said.

But Hellerstein, before he adjourned court for the day, did not say when he would decide whether Maduro would be allowed to use funds from the Venezuelan government for his defense.

Dressed in beige prison outfits and separated from each other by their lawyers, Maduro and his wife wore headsets to hear the translation of the proceedings into Spanish and appeared to be listening intently as the arguments were presented.

A man holds a sign saying “criminals” that includes ousted Venezuelan leader Nicolás Maduro outside the Daniel Patrick Moynihan United States Courthouse on Thursday.Charly Triballeau / AFP via Getty Images

When the hearing was over, Maduro shook hands with his lawyer and told him, “Hasta mañana,” which is Spanish for, “See you tomorrow.”

Then both he and his wife were quickly ushered out of the courtroom by officers from the U.S. Marshals Service.

The former first couple of Venezuela arrived at the courthouse in lower Manhattan before dawn.

Security was very heavy and shortly before the hearing began large groups of supporters and opponents of the Trump administration’s capture of the Venezuelan leader held noisy demonstrations outside under the watchful eyes of police.

Nicolas Maduro is escorted by federal agents in New York on Jan. 5, 2026.XNY / Star Max / GC Images via Getty Images

One person was seen holding a sign that said “Maduro-Rot in Jail” while another’s read “Free President Maduro.”

Pollack kicked off the proceedings by making the case that the U.S. should let Maduro access Venezuelan government funds to pay for his defense.

Just as he did last month when Maduro and his wife formally moved to dismiss the case, Pollack argued that the U.S. government was improperly restricting their ability to pay for their legal defense.

“He is entitled to use those resources to defend himself,” Pollack said.

Kyle Wirshba, an assistant U.S. attorney for the Southern District of New York, disagreed.

“The defendants have a right to defend themselves with money that is lawfully theirs, they do not have the ability to access third party funds,” Wirshba said.

Outside the federal courthouse in New York on Thursday, some were holding sings to “Free President Maduro.” Spencer Platt / Getty Images

In Washington, President Donald Trump accused Maduro of being a “major purveyor of drugs coming into our country,” but said he would have “a fair trial.”

“But I would imagine there are other trials coming,” Trump added, without providing details, during a Cabinet meeting. He also suggested the current charges Maduro is facing might be “a fraction of the kind of things that he’s done.”

In a filing submitted to Hellerstein, prosecutors have also requested a restrictive protective order that would bar Maduro and his wife from sharing discovery materials with four co-defendants who remain at large.

They argued that Maduro has a history of threatening opponents and allowing such access would pose “an unacceptable risk” to witnesses and their families, could lead to the destruction of evidence and might compromise ongoing investigations.

Officers outside the courthouse in New York early Thursday morning awaiting the arrival of Maduro.Charly Triballeau / AFP via Getty Images

Maduro and his wife were captured during a nighttime raid in Caracas by U.S. forces Jan. 3 and flown to New York City, where they were arraigned two days later on charges including narco-terrorism and drug trafficking.

Both have pleaded not guilty. Maduro is currently being held in an extra-secure section of the Metropolitan Detention Center in Brooklyn with other high-profile prisoners such as accused murderer Luigi Mangione and the three Alexander brothers who were recently convicted of sex trafficking.

Maduro and his alleged co-conspirators, according to a federal indictment, spent decades partnering with some of the world’s most violent drug traffickers and corrupt regional officials to move large quantities of cocaine into the U.S.