Article by Stephanie Weatherbee Brito and Vijay Prashad republished from BT BreakThrough News under Creative Commons (CC BY-NC-ND 4.0).
The implications of this case extend far beyond Venezuela. The entire process against Nicolás Maduro and Cilia Flores threatens to establish the US court system as one with global and unlimited jurisdiction.
Venezuelan President Nicolás Maduro is not guilty. This is a statement of law and fact, since Maduro has not been convicted of any crime. He has pleaded not guilty to every charge brought against him, and the accusations made by the United States remain precisely that: accusations. Under the presumption of innocence – recognized in the United States Constitution and in Article 14 of the International Covenant on Civil and Political Rights – the burden rests entirely upon the prosecution to prove guilt. It is not Maduro who must prove his innocence, but it is the United States government that must prove his guilt.
On January 3, 2026, United States forces illegally entered Venezuela, attacked targets in and around Caracas, seized President Maduro and his wife and an elected official, Cilia Flores, and transported them to the United States. Two days later, shackled and injured, Maduro appeared before a federal court in Manhattan. “I am innocent. I am not guilty,” he told the court. Both defendants entered pleas of not guilty and are now imprisoned in Brooklyn while awaiting a trial provisionally scheduled for June 2027.
The charges against Maduro
The United States alleges that Maduro participated in conspiracies to import cocaine, possess machine guns and destructive devices, and collaborate with organizations Washington has designated as terrorist groups. These charges developed out of an indictment announced during Donald Trump’s first presidency in March 2020. The case was substantially expanded after Maduro was kidnapped through a fourth superseding indictment. An indictment, however, is not evidence tested before a court. It is a document prepared by prosecutors and approved through a grand-jury proceeding at which the defense is normally neither represented nor permitted to challenge the government’s account.
The prosecution relies heavily upon the idea that Maduro directed the so-called Cartel de los Soles, or Cartel of the Suns. But even organizations deeply hostile to the Venezuelan government acknowledge that this is not a cartel in the conventional sense. The name has long been used as an umbrella expression for disparate Venezuelan officials allegedly involved in criminal activity, long before Maduro entered political life. It does not describe an organization with a demonstrated membership, command structure, headquarters or chain of authority comparable to Mexico’s Sinaloa Cartel. When Washington designated the Cartel de los Soles a foreign terrorist organization in 2025, the Associated Press noted that it was “not a cartel per se.”
This matters because the prosecution’s language performs much of its political work. Allegations concerning individual acts of corruption are assembled into the image of a unified organization, the organization is then attributed to the Venezuelan state, and responsibility for everything allegedly done by anyone within that loose network is placed upon Maduro. The indictment must still demonstrate that Maduro knowingly joined the specific conspiracies charged. Political authority over a state in which crimes occur does not by itself establish personal criminal responsibility for those crimes.
Case is dead on arrival
Venezuela is not a major producer of coca leaf or cocaine. The principal cocaine-producing countries remain Colombia, Peru and Bolivia. Venezuela has been used as a transit territory, particularly for cocaine originating in neighboring Colombia. But transit through a country does not prove that its president commands the traffic, and nor does it substantiate the extravagant political image of Venezuela as the central source of the drugs entering the United States. The US Drug Enforcement Administration’s own 2025 threat assessment concentrated overwhelmingly upon Mexican organizations and their supply chains. The global cocaine trade operates primarily through production in the Andean region, maritime export corridors, Central America and Mexico, not through a single organization supposedly commanded from the Venezuelan presidential palace. The International Criminal Court’s investigation into the situation in Venezuela, for example, is an investigation into alleged crimes within its jurisdiction. It is not a conviction of Maduro and has not produced an individual judgment of guilt against him.
The US government is expected to rely upon cooperating witnesses, including former Venezuelan intelligence chief Hugo Carvajal and former general Clíver Alcalá. Both men pleaded guilty to serious offenses in the United States. Their evidence cannot be treated as disinterested truth. Cooperating defendants may hope to obtain sentencing benefits by assisting prosecutors. Their claims must therefore be corroborated and subjected to cross-examination. Until that happens, their statements do not establish Maduro’s guilt. In fact, it is better to see their statements as proof of their own attempt to lighten their sentences and launder their soiled reputations.
The circumstances under which Maduro was brought before the US court create an even deeper problem. Washington did not request extradition through an agreed legal process. It employed military force within another sovereign country without Venezuela’s consent or authorization from the United Nations Security Council. Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of a state, subject to narrow exceptions such as self-defence. Arresting a person accused of drug offenses is not one of those exceptions. International-law specialists described the operation as an unlawful use of force, while governments including Brazil, Mexico, and China condemned the violation of Venezuelan sovereignty.
Maduro’s lawyers have argued that the prosecution violates the immunity enjoyed by an incumbent head of state. Venezuela continued to recognize Maduro as its constitutional president when the United States seized him – a fact tacitly recognized by the United States when it calls Delcy Rodriquez the Acting President. Washington cannot necessarily extinguish the international legal status of another country’s head of state merely by withholding diplomatic recognition. The defense has consequently requested dismissal of the indictment on immunity grounds and has separately challenged the narco-terrorism count for lacking an adequate jurisdictional connection to the United States. Oral argument on these questions is scheduled for November 2026.
The case of former Honduran president Juan Orlando Hernández exposes the selectivity of Washington’s supposed war against narco-states. Hernández was a close US ally during his presidency from 2014 to 2022. After leaving office, he was extradited – not abducted through a military invasion – and tried in the same federal district in New York where Maduro is now being prosecuted. In March 2024, a jury convicted Hernández after a three-week trial. Prosecutors presented evidence that he had accepted millions of dollars from traffickers, protected cocaine shipments with the Honduran police and military, and helped move more than 400 tons of cocaine towards the United States. He was sentenced to 45 years in prison. Unlike the claims against Maduro, these allegations were tested through testimony, cross-examination and a jury verdict. Yet on December 1, 2025, President Donald Trump pardoned Hernández and secured his release, claiming that the former president had been treated unfairly.
The contrast could hardly be more revealing. Trump pardoned a former president whose participation in cocaine trafficking had been established in a US courtroom, while threatening and eventually invading Venezuela to seize a president against whom no verdict had been rendered. Hernández belonged to Washington’s political camp; Maduro did not. One was released despite his conviction, while the other was captured despite his legal innocence. This disparity does not by itself disprove the accusations against Maduro, but it demolishes the claim that Washington acted from a consistent concern about narcotics. The determining distinction was political alignment, not the strength of the evidence.
The implications of this case extend far beyond the specific circumstances of Maduro and Cilia Flores or their consequences for Venezuela. Allowing a foreign state to override the jurisdiction of another country’s legal system, pursue an accusation for which there is no evidence, and proceed with a trial that lacks a basis in international law effectively establishes the US court system as one with global and unlimited jurisdiction. The ambivalence of governments around the world toward this case is therefore alarming, as it risks signalling consent and normalizing such gross overreach. This is particularly relevant for Mexico, which is already facing a series of accusations and extradition demands from the United States with clear political implications. The outcome of Maduro’s trial could set an important precedent for how Mexico – and other countries – are treated in similar circumstances.
Nicolás Maduro is not guilty therefore expresses the only defensible conclusion at this stage. He was seized through an act of military force, placed before the courts of the state that had pursued his overthrow for years, and charged based on a politically constructed theory that has yet to survive adversarial examination. He remains innocent unless and until admissible evidence proves otherwise beyond a reasonable doubt. Sovereignty is not an ornament, an indictment is not a verdict, and an accusation issued by a powerful state does not become truth merely because that state possesses the weapons to seize the accused.
Stephanie Weatherbee Brito is the co-coordinator of the International Peoples Assembly (IPA).
Vijay Prashad is an Indian historian and journalist. He is the author of forty books, including Washington Bullets, Red Star Over the Third World, The Darker Nations: A People’s History of the Third World, The Poorer Nations: A Possible History of the Global South, and How the International Monetary Fund Suffocates Africa, written with Grieve Chelwa. He is the executive director of Tricontinental: Institute for Social Research, the chief correspondent for Globetrotter, and the chief editor of LeftWord Books (New Delhi). He also appeared in the films Shadow World (2016) and Two Meetings (2017).
Article by Stephanie Weatherbee Brito and Vijay Prashad republished from BT BreakThrough News under Creative Commons (CC BY-NC-ND 4.0).
