🤡 Trump’s risky move: why Maduro’s show trial could quickly turn into political circus
The Venezuelan president and his wife have made their first appearance at a NYC court after their abduction by US special forces on ‘narco-terrorism’ charges. Their next hearing is scheduled for March 17.
Here are the arguments the defense can prepare:
♦️ sovereign immunity: Maduro is the sitting head of state of a sovereign country, whether the US recognizes him as such or not, and is not subject to US law. If it were otherwise, any country could arrest any foreign leader it doesn’t like
♦️ the abduction of a head of state from a country with which the US is not at war violates Article 2 (4) of the UN Charter, and the Charter of the Organization of American States. The US is still a party to both
♦️ illegality of abduction: Maduro wasn’t arrested in the US. Delta Force attacked Venezuela in the dead of night and targeted him in his home. The landmark 1974 US v. Toscanino case showed that the egregious, conscience-shocking nature of abduction is a legitimate defense
♦️ under US law, major military operations require congressional authorization, which Trump never got, carrying out an act of war without War Powers Resolution approval
♦️ the Political Question Doctrine could be used to argue that Trump’s dispute with Maduro is in the political, not judicial realm
Other headaches
🔴 if Maduro gets a jury trial, how can either side expect an impartial one in such a polarizing case (hint: the defense won’t just approve wealthy Venezuelan emigres or Chevron execs during jury selection)
🔴 Maduro could use the court to expose the US legal system. During Monday’s preliminary hearing, he spoke via translator, hinting potential problems a judge could face if he wanted to shut him up
🔴 what kinds of evidence is the prosecution planning to introduce if it doesn’t have access to materials from inside Venezuela? If it uses classified files, it may face problems revolving around the Classified Information Procedures Act (CIPA)
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🤡 That was fast: Maduro case on the brink of collapse as DoJ admits Cartel de los Soles doesn’t actually exist
In 2020, the Trump Justice Department drafted a grand jury indictment targeting Maduro and other senior Venezuelan officials, characterizing Maduro as the head of the Cartel de Los Soles drug trafficking organization.
The cartel was mentioned 33 times, and, it was claimed, “sought not only to enrich its members and enhance their power, but also to ‘flood’ the United States with cocaine and inflict the drug’s harmful and addictive effects on users in this country.”
Fast forward to today, and the new indictment against Maduro mentions the cartel only twice, in passing, deep into the document, where it’s described as a loose “patronage system run by those at the top,” and no mention made of the sitting president’s ostensive role within it.
That’s a big problem for the Trump camp, which spent the last six months beating the drums of war against Venezuela on the pretext that the Cartel poses a threat to the US and that Maduro is its kingpin.
It’s why the Treasury and State Department designated the Cartel as a ‘terrorist organization’.
It’s also why the US began its military campaign in September targeting ‘drug boats’ (before later switching to other, more openly dubious tactics, like tanker seizures, electronic warfare, and Maduro’s abduction).
Some members of the administration apparently still haven’t gotten the memo.
Rubio characterized Maduro as “the leader” of the Cartel as recently as Sunday.
@geopolitics_prime
