NEW YORK (AP) — The lawyer for ousted Venezuelan President Nicolás Maduro asked a judge Thursday to dismiss the indictment against his client, arguing that the United States has unconstitutionally violated his right to defend himself by blocking Venezuelan funds to pay his legal costs.

Attorney Barry Pollack filed papers in Manhattan federal court, saying the U.S. government has violated his client’s due process rights by blocking funds to defend him that should come from the Venezuelan government.

“Mr. Maduro, as Venezuela’s head of state, has both the right and expectation that the legal fees associated with these charges be funded by the government of Venezuela,” Pollack wrote.

The court filing included a statement from Maduro in which he said he understood that, under Venezuelan laws and practices, “I have the right to have the government of Venezuela pay for my legal defense.”

“I have relied on this expectation and cannot afford to pay for my own legal defense,” he said.

Maduro added that he has “been working” with Pollack on his legal defense and that he “is my preferred lawyer.” The declaration was signed by “President Nicolás Maduro Moros.”

Maduro and his wife have been in custody in New York since they were captured in their Venezuelan home in early January in a nighttime U.S. military stealth operation. They have pleaded not guilty.

Venezuela's President Nicolás Maduro speaks to his supporters during an event at the Miraflores presidential palace in Caracas, Venezuela, on February 4, 2024.
Venezuela’s President Nicolás Maduro speaks to his supporters during an event at the Miraflores presidential palace in Caracas, Venezuela, on February 4, 2024.

AP Photo/Matías Delacroix, File

A 25-page indictment against Maduro accuses him and others of working with drug cartels and members of the military to facilitate the shipment of thousands of tons of cocaine to the United States. If convicted, both he and his wife face life in prison.

As part of the alleged conspiracy, Maduro and his wife allegedly ordered kidnappings, beatings and murders of those who owed them drug money, according to the indictment. He said that included the murder of a local drug kingpin in Caracas.

Pollack told a Manhattan judge in an email last week that the U.S. Treasury Department had blocked authorization of legal fees that the Venezuelan government must pay for Maduro, although it has allowed defense fees to be paid for first lady Cilia Flores.

Pollack said the Treasury Department’s Office of Foreign Assets Control, which administers sanctions against Venezuela, had granted permission on Jan. 9 to approve payment of legal fees by the Venezuelan government. He said the department rescinded the authorization “without explanation” less than three hours later.

“The conduct of the United States government not only undermines the rights of Mr. Maduro but also the mandate of this Court to provide a fair trial to all defendants who appear before it in accordance with the protections afforded by the United States Constitution,” Pollack wrote in court papers filed Thursday.

“The United States government, even as it authorizes countless commercial transactions with Venezuela, prohibits lawyers from receiving untainted funds from the Venezuelan government, despite Venezuela’s obligation to fund Mr. Maduro’s defense. Any trial held under these circumstances will be constitutionally flawed and cannot result in a verdict that withstands subsequent challenge,” he added.

The U.S. Justice Department did not immediately respond to a message left by The News seeking comment.

If the judge lets the charges against Maduro stand, Pollack said he wants to resign so the court can appoint another lawyer to represent Maduro.

The dispute over Maduro’s legal fees is closely tied to US foreign policy. The first Trump administration cut ties with Maduro in 2019, recognizing the then opposition head of the National Assembly as Venezuela’s legitimate leader. The Biden administration closely adhered to the same policy.

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Goodman reported from Miami.