One of the many demonstrations that continue to take place in Venezuela demanding President Nicolás Maduro's release from illegal US imprisonment. Photo: Ricardo Malik/Telesur.
Attorney Barry J. Pollack filed a memorandum of law before the District Court for the Southern District of New York under the docket S4 11-CR-205 (AKH), in support of the motion to dismiss all charges against Venezuelan President Nicolás Maduro and First Lady Cilia Flores.
The central argument of the motion, filed on Thursday, March 19, is that Washington is actively violating the Sixth Amendment and the right to due process, guaranteed to every accused on US soil, by preventing Venezuela from financing the defense of its head of state.
The documented facts reveal a sequence that the defense qualifies as direct political intervention. On January 7, President Maduro’s lawyers requested the necessary licenses from the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury to receive funds from the Venezuelan State.
On January 9, they obtained the licenses—Nicolás Maduro’s at 3:18 p.m. and Cilia Flores’ at 3:36 p.m. Yet, less than three hours later, at 6:05 p.m. on the same day, OFAC published an amended version of Maduro’s license that prohibited the lawyers from receiving that funding. Flores’ license was not altered.
This move contradicts OFAC’s historical practice. An expert testified under oath that, until this case, he had never known of an OFAC denial for such a request, irrespective of the sanctions regime against a state.
In this scenario, the defense warns that “if OFAC’s interference with Mr. Maduro’s ability to finance his defense persists, the undersigned attorneys will not be able to remain on the case, nor will Mr. Maduro be able to be represented by any other retained attorney.”
In that case, according to the defense, the court “would need to appoint lawyers and shift the cost of Mr. Maduro’s defense to US taxpayers, despite the provision and obligation of the Government of Venezuela to pay the costs.” This circumstance would make “any verdict against Mr. Maduro constitutionally questionable.”
Therefore, the defense states, “Mr. Maduro requests, in accordance with Rule 12(b) of the Federal Rules of Criminal Procedure, to dismiss the fourth superseding indictment against him.”
To that end, “Mr. Maduro alleges interference by the Government of the United States regarding his right to an attorney under the Sixth Amendment and his right to present a defense, as guaranteed by the Due Process Clause.”
Venezuela, legally obligated to pay for Maduro’s defense
The memorandum includes the sworn statement of Venezuelan jurist Henry Rodríguez Facchinetti, who certifies that Venezuelan legislation obliges the State to cover the legal expenses of its president. President Maduro himself declared under oath that he lacks the personal resources for his defense.
The argument rests on precise federal jurisprudence. The Second Circuit established in United States v. Stein (2008) that the government cannot interfere with the payment of fees by third parties without violating the Sixth Amendment.
According to that doctrine, President Maduro’s expectation of receiving Venezuelan State funding constitutes a legally protected property right.
License for oil, not for defense of President Maduro
What makes it more difficult to uphold Washington's stance is that OFAC, the agency responsible for blocking the funds, has simultaneously made decisions that contradict it.
While OFAC was blocking funds for President Maduro's defense, it authorized at least six general licenses for commercial transactions with Venezuela between January and February 2026.
General License 30B enabled port and airport operations, GL-46A authorized transactions with the Venezuelan oil industry, GL-47 allowed the sale of diluents, GL-48 enabled goods and services in the hydrocarbons sector, GL-49 opened investment contracts, and GL-50 authorized operations in the oil and gas sector.
On February 11, Attorney Pollack formally requested that OFAC reinstate the original license for President Maduro, giving a deadline of February 18. There was no response. Two days later, on February 13, the agency issued licenses GL-49 and GL-50.
US Empire Obstructs Venezuela’s Payments for President Nicolás Maduro’s Legal Defense
Illegally imprisoned in Brooklyn since January 3
The document specifies that on January 3, 2026, US special forces invaded Venezuela. The operation caused over 100 deaths according to Venezuelan government figures and led to the forcible kidnapping of Maduro and Flores, who were transferred to US territory.
Both were injured during the operation. Since his initial appearance in court on January 5, President Maduro has remained in solitary confinement at the Metropolitan Detention Center in Brooklyn, awaiting trial for the Fourth Amended Formal Charge.
The OFAC blocking is not limited to legal fees. On January 23, the defense lawyers requested OFAC authorization to fund a trip to Venezuela for investigative purposes, essential to a case in which the alleged facts span 25 years and occurred entirely outside the United States. OFAC did not respond to that request either.
(Telesur)
Translation: Orinoco Tribune
OT/SC/SF
