Authored by T.J.Muscaro via The Epoch Times,
Nicolás Maduro and his wife, Cilia Flores, were indicted in the Southern District of New York, U.S. Attorney General Pam Bondi announced early on Jan. 3.
“Nicolás Maduro has been charged with Narco-Terrorism Conspiracy, Cocaine Importation Conspiracy, Possession of Machineguns and Destructive Devices, and Conspiracy to Possess Machineguns and Destructive Devices against the United States,” Bondi said on X.
“They will soon face the full wrath of American justice on American soil in American courts.”
Bondi issued the statement hours after Maduro and Flores were captured and extracted by U.S. armed forces in Caracas in the early hours of Jan. 3.
“On behalf of the entire U.S. DOJ, I would like to thank President [Donald] Trump for having the courage to demand accountability on behalf of the American People, and a huge thank you to our brave military who conducted the incredible and highly successful mission to capture these two alleged international narco traffickers.”
Bondi’s announcement follows statements made by Sen. Mike Lee (R-Utah) who said he was told by Secretary of State Marco Rubio that the strike on Venezuela’s capital was a means to protect law enforcement as they carried out an arrest warrant for Maduro.
Lee added that Rubio also told him that Maduro was “arrested by U.S. personnel to stand trial on criminal charges in the United States.”
Deputy Secretary of State Christopher Landau also emphasized that Maduro was expected to face legal action.
“The tyrant is gone,” Landau said on social media.
“He will now—finally—face justice for his crimes.”
In 2020, Maduro and 14 other Venezuelan officials were charged with narco-terrorism, corruption, drug trafficking and other charges in New York City, Miami, and Washington, D.C.
“The scope and magnitude of the drug trafficking alleged was made possible only because Maduro and others corrupted the institutions of Venezuela and provided political and military protection for the rampant narco-terrorism crimes described in our charges,” U.S. Attorney Geoffrey S. Berman said in the 2020 press release.
“As alleged, Maduro and the other defendants expressly intended to flood the United States with cocaine in order to undermine the health and wellbeing of our nation. Maduro very deliberately deployed cocaine as a weapon.”
The Epoch Times reached out to the Department of Justice to clarify whether Bondi was referring to this 2020 indictment or not.
As Jonathan Turley reports, this operation will be justified as executing the criminal warrant and responding to an international drug cartel, a very similar legal framework to the one used against Noriega in 1989. There is precedent supporting that earlier operation, which will now be used to defend the actions in Venezuela.
Here is part of the earlier description from the Justice Department of the indicted conduct:
“Maduro helped manage and ultimately lead the Cartel of the Suns, a Venezuelan drug-trafficking organization comprised of high-ranking Venezuelan officials. As he gained power in Venezuela, Maduro participated in a corrupt and violent narco-terrorism conspiracy with the Revolutionary Armed Forces of Colombia (FARC), a designated Foreign Terrorist Organization. Maduro negotiated multi-ton shipments of FARC-produced cocaine; directed the Cartel of the Suns to provide military-grade weapons to the FARC; coordinated with narcotics traffickers in Honduras and other countries to facilitate large-scale drug trafficking; and solicited assistance from FARC leadership in training an unsanctioned militia group that functioned, in essence, as an armed forces unit for the Cartel of the Suns. In March 2020, Maduro was charged in the Southern District of New York for narco-terrorism, conspiracy to import cocaine, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.”
Ordinarily, the Vienna Convention on Consular Relations and other international agreements require the United States to notify the embassy of a foreign national arrested and held in the United States. Notice seems a tad superfluous in this case.
In his appeal, Noriega argued that his arrest violated international law under the head-of-state immunity doctrine. The district court rejected Noriega’s head-of-state immunity claim because the United States government never recognized Noriega as Panama’s legitimate ruler — an argument that will be made in the Maduro prosecution.
The United States for the Eleventh Circuit also rejected the immunity claim.
Noriega also argued that his capture violated the Treaty Providing for the Extradition of Criminals, May 25, 1904, United States of America-Republic of Panama, 34 Stat. 2851 (“U.S.-Panama Extradition Treaty”). The Supreme Court’s decision in United States v. Alvarez-Machain, 504 U.S. 655 (1992), however, was found to bar this argument. The issue was whether he was abducted to the United States with a superseding extradition treaty. The Eleventh Circuit held:
The article of the U.S.-Panama Extradition Treaty upon which Noriega relies for his extradition treaty claim contains almost the same language as the provision of the U.S.-Mexico Extradition Treaty at issue in Alvarez-Machain. See U.S.-Panama Extradition Treaty, art. 5 (“Neither of the contracting parties shall be bound to deliver up its own citizen or subject ․”)…
Under Alvarez-Machain, to prevail on an extradition treaty claim, a defendant must demonstrate, by reference to the express language of a treaty and/or the established practice thereunder, that the United States affirmatively agreed not to seize foreign nationals from the territory of its treaty partner. Noriega has not carried this burden, and therefore, his claim fails.
The Noriega case offers ample support for the Trump Administration, which has had an outstanding arrest warrant for over five years. He is not viewed as the duly elected leader of Venezuela and has been tied to a criminal drug cartel.
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