The legal team for Venezuelan leader Nicolas Maduro has filed a motion to dismiss his narco-terrorism indictment, arguing that interference by the Trump administration has compromised due process. Attorney Barry Pollack claims the U.S. government's actions make any verdict constitutionally suspect. Pollack has requested permission to withdraw if the case proceeds.
On Thursday, February 27, 2026, Barry Pollack, a veteran defense attorney known for representing WikiLeaks founder Julian Assange, submitted a letter to Senior U.S. District Judge Alvin Hellerstein requesting dismissal of the narco-terrorism charges against Nicolas Maduro. Pollack argues that the Trump administration's actions have already tainted the proceedings.
The motion centers on funding for Maduro's defense. Venezuelan law requires the government to cover legal costs, and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) initially issued a license allowing Maduro's chosen counsel to receive these funds. However, OFAC later amended the license to prohibit such payments without explanation. Pollack states that Maduro lacks personal funds to retain counsel, leaving him unable to afford representation.
"The United States government, through the Department of Treasury Office of Foreign Assets Control (OFAC), initially granted a license to Mr. Maduro's counsel of choice to accept funds from the government of Venezuela to represent Mr. Maduro. Unilaterally and without explanation, however, OFAC subsequently amended the license such that it now precludes the receipt of defense costs from the government of Venezuela," the letter explains.
Pollack describes this as "particularly unjustifiable" interference with due process rights. He warns that if the block persists, he cannot continue on the case, and no other retained counsel could either. This would force the court to appoint counsel at U.S. taxpayer expense, despite Venezuela's obligation to pay.
"If OFAC's interference with Mr. Maduro's ability to fund his defense persists, undersigned counsel cannot remain in the case, nor can Mr. Maduro be represented by any other retained counsel," the filing states. "Not only would the Court need to appoint counsel and foist the cost of Mr. Maduro's defense on the United States taxpayers... but also any verdict against Mr. Maduro would be constitutionally suspect."
Pollack further contends that a trial under these conditions would be "constitutionally defective and cannot result in a verdict that will withstand later challenge."
The case follows Maduro's arrest on January 5, 2026, after a U.S. raid in Venezuela, where he and his wife, Cilia Flores, were seen in handcuffs arriving at a Manhattan helipad. Earlier, a brief dispute arose when attorney Bruce Fein also sought to represent Maduro, claiming information from Maduro's inner circle indicated a desire for his assistance. Fein later withdrew, citing a misunderstanding.
"Counsel sought admission and entered an appearance in good faith based upon information received from individuals credibly situated within President Maduro's inner circle or family indicating that President Maduro had expressed a desire for Counsel's assistance in this matter," Fein explained.
