Nicolás Maduro, the deposed Venezuelan leader, will appear in a New York courtroom Monday to face U.S. drug charges. His lawyers are expected to contest the legality of his arrest. They will argue Maduro is immune from prosecution as a sovereign head of state.
Maduro's capture occurred Saturday, 36 years after the removal of Panama's Manuel Noriega by U.S. forces. Legal experts believe the argument for sovereign immunity is unlikely to succeed. A 1989 legal opinion written by Bill Barr during the Noriega trial largely settled the matter.
The U.S. does not recognize Maduro as Venezuela's legitimate leader. This lack of recognition negates any claim to sovereign immunity, according to legal experts. Dick Gregorie, the retired federal prosecutor who indicted Noriega, echoed this sentiment.
The U.S. operation in Venezuela raises constitutional concerns due to the absence of Congressional authorization. However, U.S. courts are likely to approve Maduro's prosecution. The case mirrors the legal precedent set by the Noriega trial.
Maduro's legal team is expected to file motions challenging the jurisdiction of the U.S. court. The trial will proceed pending the court's decision on these motions. The international community awaits the outcome, with potential ramifications for U.S. foreign policy.
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