The Noriega Precedent: What a US Capture of Nicolás Maduro Would Mean for Federal Law

By
Samuel Lopez
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  1. Arraignment: Maduro would be formally presented with the 2020 charges. His defense counsel would likely challenge the court’s jurisdiction and his immunity as a head of state.
  2. Immunity Challenge: Based on the Noriega precedent, the court is expected to swiftly reject the head-of-state immunity claim, citing the US policy of recognizing Juan Guaidó as the interim president of Venezuela.
  3. Extradition/Transfer: The physical transfer of Maduro to US soil would likely be classified as a capture following a military or law enforcement operation (like Noriega’s capture and subsequent extradition), thus bypassing standard bilateral extradition treaties.
  4. Trial: If the jurisdiction is upheld, Maduro would face trial on the narcoterrorism and drug conspiracy charges. Given the gravity of the case and the complexity of the evidence (alleged decades-long conspiracy with FARC), the trial could be lengthy and costly, mirroring the seven-month trial in the Noriega case.
  5. Fate: A conviction would likely result in a substantial prison sentence in a US federal facility, similar to Noriega’s fate, who served 17 years in a minimum-security prison before facing further legal actions in France and Panama.

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