Written by: La Tabla/Data Journalism Platform 5 JAN 2026
The Venezuelan President Nicolás Maduro and his wife, Cilia Flores, are set to appear today before a federal judge in New York who has a history of ruling against the policies of former President Donald Trump, who ordered the military operation that led to his capture.
📅 What to expect in court today
At 12:00 p.m. local time in the Southern District Court of New York, Judge Alvin K. Hellerstein will preside over the initial hearing (arraignment). This formal procedure will include:
· The formal reading of charges.
· Asking the defendants how they plead (they are expected to plead “not guilty”).
· Discussion of their detention status. The prosecution will request preventive detention without bail, and it is highly likely the judge will grant this request given the severity of the charges and the flight risk.
· Preliminary matters will be addressed, such as the appointment of definitive attorneys.
⚖️ The presiding judge: Alvin K. Hellerstein
· Background: Senior federal judge (semi-retired), nominated by President Bill Clinton in 1998.
· Experience in complex cases: Known for handling massive litigation resulting from the September 11 attacks.
· Track record of independence: He has a history of rulings that have curtailed executive policies. In 2025, he blocked the Trump administration’s use of the Foreign Enemies Act to deport members of the Tren de Aragua, declaring it violated due process. He also rejected Trump’s attempt in 2024 to move his state criminal trial (hush-money case) to federal court.
📜 The expanded charges: more defendants and allegations
On January 3rd, the prosecution unveiled a superseding indictment that broadens the original 2020 case.
Defendants (now 6 in total):
· Nicolás Maduro (former president of Venezuela)
· Cilia Flores (his wife, added as a new defendant)
· Nicolás Ernesto Maduro (his son, added as a new defendant)
· Diosdado Cabello Rondón (minister, already charged in 2020)
· Two other unidentified defendants in the supplies
Main charges against Maduro:
· Conspiracy for narco-terrorism
· Conspiracy to import cocaine to the United States
· Possession of machine guns and destructive devices in support of narcotic activities
· Conspiracy to possess such weapons
🔍 Nature of the accusations: behavior vs. concrete facts
The indictment, as is common in complex organized crime and conspiracy cases, focuses on demonstrating a sustained pattern of criminal behavior rather than isolated facts.
· Core of the theory: The Justice Department alleges that Maduro led a criminal enterprise—referred to as the “Cartel de los Soles”—that transformed the Venezuelan state into a platform for international drug trafficking.
· Broad-spectrum allegations: He is accused of associating with violent cartels (like Sinaloa), providing logistics and state protection for cocaine trafficking, and allowing “corruption to flourish” for his own benefit and that of his circle. He is also accused of ordering violence (kidnappings, beatings, murders) to protect the operation.
· Evidentiary strategy: The prosecution does not need to prove that Maduro personally packaged drugs, but that he conspired and led the organization for years. The inclusion of his wife and son in the indictment points to reinforcing the narrative of a family-run criminal enterprise and state involvement.
🏛️ Legal and political context
The case raises profound debates:
· Sovereign immunity: Maduro’s defense will likely argue that, as head of state, he is immune from prosecution. However, the precedent set by the Manuel Noriega case (Panamanian leader captured after the 1989 invasion) and the fact that Washington does not recognize Maduro as the legitimate president substantially weaken this argument.
· Legality of the capture: The military operation on Venezuelan soil could be questioned. The prosecution argues that it proceeded under a legal opinion from the Justice Department that permits “forced kidnappings” abroad to enforce national law, a doctrine applied in the Noriega case.
Today, guilt will not be determined; rather, a long and complex judicial process will commence.