Judge Affirms Venezuela’s Maduro and Flores’ “Right to Defend Themselves is Paramount”

The pre-trial conference of kidnapped and incarcerated Venezuelan political prisoners, President Nicolás Maduro and First Lady Cilia Flores, was held on March 26 at the Southern District of New York court in Lower Manhattan.

The defendants were taken hostage in an early morning raid on January 3 by the U.S. government’s Delta Force during an illegal assault on a Caracas military installation where the couple were resting. Their arraignment was held on January 5 when they both pleaded not guilty to charges, including narco-terrorism and drug trafficking.

At a park bounded by Worth, Baxter and Mulberry Streets (opposite the Daniel Patrick Moynihan United States Courthouse), approximately 150 protesters rallied to demand freedom for Maduro and Flores. The defendants are held in solitary confinement in the Metropolitan Detention Center (MDC) in Brooklyn.

Inside the Daniel Patrick Moynihan United States Courthouse

Inside the courthouse, located at 500 Pearl Street, approximately 250 spectators and journalists were lined up, waiting for the scheduled 11:00 a.m. hearing to start. By 10:30 a.m., the court room and overflow rooms were filled.

The hearing started at 11:45 a.m., nearly one hour late, and ended just before 1:00 p.m.

The hearing was defined by U.S. federal prosecutor Kyle Wirshba relentlessly seeking to convince the presiding judge, 92-year-old Alvin Hellerstein, that political prisoners Maduro (age 63) and Flores (age 69) should be deprived of their international and constitutional rights to defend themselves.

First, Wirshba sought to block Venezuela from funding their defense and, second, he submitted a motion to withhold information from them about their case through use of a protective order.

When pressed by the judge to list specific reasons that could justify limiting their defense, Wirshba was largely unable to comply.

All he could do was repeat two empty phrases—“National Security” and “Foreign Policy”—at every turn. Eventually, the judge asked him to recite only “new information” going forward to limit his redundancy.

With that caveat, Wirshba later claimed that the protective order was to limit discovery information from being misused—by the four defendants who remain at large—to repress others in Venezuela.

Since Delcy Rodríguez is now the acting president and the Trump administration views her as cooperative, the prosecution’s concern appeared to be a stretch of the imagination. The judge reminded the prosecution multiple times that the geopolitical situation has changed since January, with $1-2 billion in oil transactions between Venezuela and the United States.

President Maduro’s attorney, Barry Pollack, who represented journalist and publisher Julian Assange in his plea deal, explained that the restrictive “Attorney Eyes Only” (AEO) provision in the protective order sought by the prosecution would limit his ability to gather information, and interview others identified as co-conspirators, like, for example, the defendants’ son, Nicolás Ernesto Maduro Guerra.

Cilia Flores is represented separately by Mark Donnelly, a former federal prosecutor now in private practice in Houston.

Wirshba kept harping on restricting access to Venezuela’s funds. He claimed “indemnification” and “expectation of access” did not apply because the unilateral economic coercive measures, i.e., sanctions, against Venezuela and Maduro were “pre-existing.”

To this, Judge Hellerstein reiterated that the U.S. government has removed some sanctions to allow for the sale of Venezuela’s oil. Thus, these funds are not “tainted illegal proceeds.” Also, Venezuela has stated it considers legal fees indemnifying the President and First Lady to be its obligation.

Wirshba countered that the President and First Lady should “use their own funds or rely on public defenders” in their respective trials.

Judge Hellerstein pointed out that any funds Maduro and Flores identified could be forfeited and this would preclude use in their defense. And, he explained persuasively, this is a complex case with thousands of pages of discovery that would tax the public defender’s office (court-appointed defense, CJA) and could negatively affect other cases. Lastly, Judge Hellerstein did not believe the U.S. public should be footing the bill for Venezuela’s legal obligations.

Pollack explained that, if Venezuela is blocked from paying the defendants’ legal fees and Maduro and Flores cannot properly defend themselves, it will then be necessary for the judge to “dismiss the case” based on the Fifth and Sixth Amendments to the Cconstitution.

Judge Hellerstein said he “wouldn’t dismiss the case” outright but followed up by asking both the prosecution and defense what remedies existed.

It was explained that, if the prosecution did not want the case dismissed, it behooved them to reach out to the Office of Foreign Assets Control (OFAC), a part of the U.S. Treasury Department, and request a license for the use of Venezuela’s funds for the defense.

No decisions were made and no follow-up court date was scheduled.

However, Cilia Flores’s health was brought up by Pollack. He seeks approval for an electrocardiogram (EKG) since she suffers from a heart condition (mitral valve prolapse) which, if left untreated, can be fatal. The judge was amenable.

Metropolitan Detention Center (MDC)

Since Maduro and Flores’s incarcerations at MDC, they have been held separately and in isolation, with only three hours per week “out-of-cell time” under heavily armed guards.

Human rights organizations, the United Nations, and medical experts consider prolonged solitary confinement (typically 22–23 hours a day in a cell with minimal human contact for more than 15 consecutive days) to be cruel, inhuman or degrading treatment, and a form of torture.

With this in mind, consider that these two senior citizens are both coming up on 90 days in solitary confinement. Also, both sustained injuries during their kidnappings.

Also consider that MDC Brooklyn’s Special Housing Units are referred to by inmates, attorneys and judges as “barbaric,” “Hell on Earth,” and “inhumane.” Issues like cold/hot cells, vermin and insects, unsanitary conditions, thin mattresses, medical treatment delays, improper medical treatment, frequent lockdowns and invasive searches, combined with near-total isolation exert collective damaging psychological effects.

The Metropolitan Detention Center, operated by the Federal Bureau of Prisons (BOP), is New York City’s only federal jail; it was opened in January 1994 with a second building added in 1999. Originally designed to house about 1,000 inmates, it now holds between 1,300 and1,400 inmates of all security levels, making it the largest federal pre-trial detention center in the United States.

Classified as an administrative facility, it primarily houses pre-trial detainees facing federal charges in the Southern or Eastern Districts of New York, defendants awaiting sentencing, a smaller number of sentenced inmates serving short terms in a separate dormitory unit, and occasional ICE immigration detainees.

For perspective on the facility’s condition, consider that a $10.9 million class-action settlement was paid by the BOP in 2023 to nearly 1,600 inmates who endured a week-long power and heat blackout during the 2019 polar vortex, with payments of $8,750-$17,500 per claimant for inhumane conditions, lack of medical care, and extreme cold.

Deaths

At least 17 incarcerated people have died at MDC Brooklyn since 2020.

Two inmates were murdered in separate stabbing attacks during the summer of 2024.

Jamel Floyd died in June 2020 after being pepper-sprayed by guards while in his cell, with the death ruled a heart attack.

Terrence Wise died in December 2025 after alleged medical neglect and botched cancer care at the facility.

At least four suicides occurred in the three years prior to early 2026.

Illnesses and Medical Neglect

Inmates have experienced chronic medical neglect, including destroyed, ignored or excessively delayed sick-call requests for treatment.

During the 2019 power outage, temperatures dropped below 68°F, prescription medications were not properly distributed, and medical rounds failed to address key issues.

COVID-19 response was criticized for underreporting cases, poor isolation practices, and leaving more than 160 sick-call requests unaddressed for months.

Judges have described conditions as “barbaric” and “inhumane,” citing failures in post-surgical care and chronic-condition management.

Violent Incidents by Guards (Staff-on-Inmate)

In March 2026, officer James Johnson was indicted for sexually abusing a male inmate, including forced oral sex, supported by DNA evidence.

In 2017, three correctional officers were indicted for sexually abusing female inmates.

Officer Leon Wilson was charged in 2025 with a civil-rights violation after shooting at suspected smugglers outside the facility.

Historical cases include excessive force complaints and a 2007 indictment of 11 guards for prisoner beatings.

Violent Incidents by Inmates

In summer 2024, two inmates were murdered in separate stabbings, leading to federal charges against nine inmates for assaults and killings.

In February 2025, a gang-related brawl left one inmate stabbed 18 times and at least nine others wounded, resulting in charges against multiple inmates.

Prosecutors charged 25 people (mostly inmates, plus one former officer) in March 2025 for violent assaults, murders and contraband smuggling spanning 2024-2025.

A federal judge in August 2024 described five consecutive months of “catastrophic violence,” including gruesome stabbings and an ice-pick attack captured on video.

Other high-profile prisoners held at the detention center were Luigi Mangione, Sean “Diddy” Combs and Ghislaine Maxwell.

Judge Hellerstein

President Bill Clinton appointed Judge Hellerstein in 1998; he obtained his law degree from Columbia University in 1956, is a former Army JAG officer, and has presided over other complex and high-profile cases, including major 9/11-victim litigation, the court-ordered release of Abu Ghraib abuse photos, and civil suits against Harvey Weinstein. Judge Hellerstein also presided over some Trump-related matters, such as rejecting attempts to remove the New York hush-money case to federal court and blocking use of the Alien Enemies Act for mass deportations in 2025.

The Sealed Superseding Indictment

Count One: Narco-Terrorism Conspiracy—Maduro and others conspired with the FARC in Colombia to distribute cocaine while intending to benefit a designated foreign terrorist organization.

Count Two: Cocaine Importation Conspiracy—Maduro, Flores and others conspired to import, manufacture and distribute large quantities of cocaine into the United States.

Count Three: Possession of Machine Guns and Destructive Devices—Maduro, Flores and others possessed machine guns and destructive devices in furtherance of the drug-trafficking crimes.

Count Four: Conspiracy to Possess Machine Guns and Destructive Devices—Maduro, Flores and others conspired to possess machine guns and destructive devices in connection with the drug-trafficking offenses.

Lies to Justify Kidnapping and Hostage-Taking

The indictment differs considerably from the lies made up by the Trump administration and repeated by the corporate mockingbird media that attempted to justify kidnapping and hostage-taking. This is considered hostage- taking because Venezuela is compelled to comply with U.S. oil demands or risk additional kidnappings and imprisonment and it is hoped that the President and First Lady will be released reasonably unharmed at some point in the near future.

Lie one: Maduro and Venezuela are flooding the U.S. with fentanyl, making him a kingpin.

Truth: The indictment mentions only cocaine—no fentanyl at all. DEA data show fentanyl comes mostly from Mexico using Chinese inputs. Venezuela has zero role in fentanyl.

Lie two: Maduro sent Tren de Aragua (TdA) gang members to the U.S. as terrorist cells or weaponized migrants.

Truth: A declassified April 2025 National Intelligence Council memo states Maduro’s regime does not coordinate with TdA and is not directing them to the U.S. TdA grew from prison corruption; Venezuelan forces raided their Tocorón base in 2023.

Lie three: Each “drug boat” strike saves 25,000 American lives on average.

Truth: Made-up number—no evidence supports it. These were small fishing-style or civilian boats. At least 163 killed in 45+ strikes. Their communities and families say they were innocent fishermen. No proof of drugs—no cargos shown. Baseless drama to justify attacks.

Lie four: Venezuela is a major drug hub; Maduro runs a narco-state with the Cartel de los Soles.

Truth: More than 90% of the cocaine brought into the U.S. is from Colombia, mostly via Mexico. The 2026 indictment calls it a “culture of corruption,” not a cartel.

Lie five: Maduro stole the 2024 election; evidence proves opposition won.

Truth: Official CNE results showed Maduro won 51.2% of the vote. Opposition claimed higher for González using unverified tallies—many lacking witnesses or signatures, posted on a pre-set site. A cyber-attack delayed transmission but did not corrupt or alter the data.

Broader point: Venezuelans voted for stability and sovereignty, rejecting U.S.-imposed hardship.

Edmundo González (U.S.-backed, CIA ties in 1970s, served under Ambassador Leopoldo Castillo, alleged “Priest Killer/Matacuras” Venezuelan Embassy El Salvador considered a “Hub for repression (e.g., Óscar Romero, canonized 2018, nuns raped and killed).

Lie six: Capturing Maduro on January 3, 2026, was a legal extraction for drugs, not kidnapping.

Truth: Illegal abduction under international law—no UN mandate, no congressional approval, violates sovereignty. U.S. forces struck sites, killed civilians, took Maduro and Cilia Flores to New York.

Lie seven: U.S. actions are about stopping drugs and liberating Venezuelans, not oil.

Truth: Trump said U.S. firms would run Venezuelan oil “forever” after the capture. Venezuela has the world’s largest known reserves. Sanctions froze billions, auctioned Citgo in 2025. It is about resource control, not drugs.

Lie eight: Venezuelan migrants are mostly criminals sent by Maduro, spiking U.S. crime.

Truth: 7-8 million fled economic crisis since 2015, worsened by hyperinflation/sanctions. Immigrants commit fewer crimes than native-born.

Lie nine: Maduro is an unpopular dictator and won by voter fraud.

Election turnout ~59% of 21.3 million voters. Maduro received 51%; Gonzalez received 44%, with several other candidates receiving the remaining votes.

Truth: Massive pro-Maduro rallies demonstrated popularity.

Automated touchscreen voting + paper backup (actas), biometric ID verification, real-time audits, open-source code, auditable by all parties. No internet connection prohibits hacking.

Election observers totaled 910 from 95 countries, including from the National Lawyers Guild.

Election night events: Foreign interventions/interference at 11:00 p.m. on July 28 (government alert); CNE (National Electoral Council) announced results promptly.

Lie ten: Issues in Venezuela are due to mismanagement.

Truth: Hyperinflation/shortages, U.S. piracy of fuel vessels (1.1 million barrels), theft of Citgo assets ($32-40 billion), frozen funds ($3-5 billion), UK gold theft ($1 billion encouraged by U.S.).

Sanctions’ impact: Caused shortages, illness, death; “chilling effect” on trade; economy hit hard (oil revenue from $50 billion in 2012 to $743 million in 2020).

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