Maduro’s case will revive debate over immunity for leader
MIAMI — When deposed Venezuelan leader Nicolas Maduro makes his first appearance in a New York courtroom Monday to face U.S. drug charges, he will likely follow the path taken by another Latin American strongman toppled by U.S. forces: Panama’s Manuel Noriega.
Maduro was captured Saturday, 36 years to the day after Noriega was removed by American forces. And as was the case with the Panamanian leader, lawyers for Maduro are expected to contest the legality of his arrest, arguing that he is immune from prosecution as a sovereign head of foreign state, which is a bedrock principle of international and U.S. law.
It’s an argument that is unlikely to succeed and was largely settled as a matter of law in Noriega’s trial, legal experts said. Although Trump’s ordering of the operation in Venezuela raises constitutional concerns because it wasn’t authorized by Congress, now that Maduro is in the U.S., courts will likely bless his prosecution because, like Noriega, the U.S. doesn’t recognize him as Venezuela’s legitimate leader.
“There’s no claim to sovereign immunity if we don’t recognize him as head of state,” said Dick Gregorie, a retired federal prosecutor who indicted Noriega and later went on to investigate corruption inside Maduro’s government. “Several U.S. administrations, both Republican and Democrat, have called his election fraudulent and withheld U.S. recognition. Sadly, for Maduro, it means he’s stuck with it.”
Noriega died in 2017 after nearly three decades in prison, first in the U.S., then France and finally Panama. In his first trial, his lawyers argued that his arrest as a result of a U.S. invasion was so “shocking to the conscience” that it rendered the government’s case an illegal violation of his due process rights.
In ordering Noriega’s removal, the White House relied on a 1989 legal opinion by then-Assistant Attorney General Bill Barr, issued six months before the invasion. That opinion said the U.N. Charter’s prohibition on the use of force in international relations does not bar the U.S. from carrying out “forcible abductions” abroad to enforce domestic laws.
Supreme Court decisions dating to the 1800s also have upheld America’s jurisdiction to prosecute foreigners regardless of whether their presence in the United States was lawfully secured. Barr’s opinion is likely to feature in Maduro’s prosecution as well, experts said.
Drawing parallels to the Noriega case, Barr on Sunday pushed aside criticisms that the U.S. was pursuing a change of government in Venezuela instead of enforcing domestic laws. As attorney general during the first Trump administration, Barr oversaw Maduro’s indictment.



