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Venezuelan President Nicolás Maduro (63) and his wife, Cilia Flores (69), who were extradited to the United States, appeared in the U.S. Southern District Court of New York on the 26th (local time).
The Maduro couple, who were arrested by the U.S. military in January and are currently detained in a U.S. federal detention center in Brooklyn, appeared in U.S. court for the second time on this day.
Lawyer Barrack Polak, representing the Maduro couple, emphasized the right to counsel during pre-trial consultations on this day.
Lawyer Polak stressed that the Maduro couple has the right to be represented by a lawyer of their choice, and argued that they do not have the financial means to cover legal fees, which should be borne by the Venezuelan government.
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) designated the Maduro couple and the Venezuelan government as targets of sanctions since 2019, making it impossible for the Venezuelan government to pay the legal fees for the Maduro couple.
The defense argued that being unable to hire the lawyers of their choice due to U.S. sanctions constitutes grounds for dismissal of the charges.
Conversely, the prosecution countered, stating, "The defendants have plundered Venezuela's wealth," and that it would be circumventing sanctions for the Venezuelan government to pay for their legal representation.
They also argued that, citing national security concerns and foreign policy, the Maduro couple could be an exception in terms of the right to counsel.
Judge Alvin Hellerstein (92), presiding over the case, meticulously questioned both sides' arguments.
Repeatedly questioning the arguments of the Maduro side's lawyers, Judge Hellerstein acknowledged that the right to receive assistance from chosen counsel is a "constitutional right," but repeatedly pointed out that "this is an exceptional case" and "not an ordinary situation."
He asked the prosecution if there was a way for OFAC to release the frozen funds of the Maduro side, to which the prosecution replied that this would only be possible if the Maduro side filed a separate civil lawsuit.
He also questioned the prosecution's mention of national security, asking, "What national security concerns are there when President Maduro and his wife are currently in the United States, not Venezuela?" He also pointed out, "Hasn't the situation in Venezuela changed now?"
Judge Hellerstein partially acknowledged the Maduro side's argument, stating, "The right to defense is paramount."
He noted that, given the complexity of the case, the burden of securing legal representation is very high, and therefore, private counsel, not public defenders, is necessary.
However, he did not clarify whether or not to allow the payment of legal fees with Venezuelan government funds. He also did not mention the next hearing date.
He did confirm, however, that the case would not be dismissed on the grounds of legal representation fees.
The Maduro couple was arrested on January 3rd in a surprise military operation by the U.S. military at a safe house in Caracas, Venezuela, and extradited to New York.
The Southern District Attorney's Office indicted President Maduro on four charges, including conspiracy to commit drug trafficking.
Unlike their first hearing, the Maduro couple made no statements on this day, quietly listening to the proceedings and taking notes.
In his first hearing on January 5th, President Maduro denied all charges, claiming he was kidnapped.
Seated separately with their lawyers between them, the Maduro couple both wore beige prison uniforms and wore headphones to listen to the translation.
President Maduro listened intently to the proceedings with his hands clasped in front of him, sometimes resting his chin on his hand and leaning to one side. As the hearing exceeded an hour, he appeared uncomfortable and stretched both feet out under the table, rotating his ankles.
Flores' lawyer informed Judge Hellerstein that Flores suffers from heart disease and requires an ultrasound examination.
During this process, he was corrected by the judge when referring to Flores as 'First Lady.' Judge Hellerstein stated, "There are no titles to be used in this courtroom."
Reporters gathered to cover the hearing of Venezuelan President Nicolás Maduro and his wife at the U.S. Southern District Court of New York on the 26th (local time). [Yonhap News]
Outside the courthouse, protests were held demanding Maduro's release and punishment.
Protesters, numbering up to about 70, chanted slogans such as "Hands off Venezuela" and "Free President Maduro" across from the courthouse.
Carlos (26) told Yonhap News, "The United States has no right to interfere with Venezuela's sovereignty" and claimed, "The United States kidnapped President Maduro to get its hands on Venezuelan oil."
A man who appeared with the Venezuelan flag draped over his back engaged in a verbal dispute with protesters, stating, "I am here on behalf of the people who want freedom for Venezuela."
Tracey, a Venezuelan national living in New York, expressed her "displeasure" towards the protesters advocating for Maduro's release, emphasizing, "Maduro must be punished."
The media attention was significant again on this day, with long lines of reporters from various countries forming from early morning. Although police had set up fences around the courthouse and maintained strict security, the scene was relatively calm compared to the first day when hundreds had gathered.
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