Maduro Defense Dispute: Pollack Ousts Fein | US Justice

by mark.thompson business editor

# Legal Battle Erupts Over Nicolás Maduro’s Defense in US Drug Trafficking case

A dispute over legal portrayal has unfolded in the US case against Venezuelan President Nicolás maduro, with a judge excluding attorney bruce fein at the request of Maduro’s primary counsel.

A legal clash has broken out in the US case against Venezuelan President Nicolás Maduro, centering on who will represent the embattled leader as he faces drug trafficking charges. Barry Pollack, Maduro’s defense lawyer, successfully argued before federal Judge Alvin K. Hellerstein to remove Bruce Fein, a former deputy prosecutor under President Ronald Reagan, from the case. The dispute arose from accusations that Fein attempted to join the defense without proper authorization from maduro or his legal team.

Pollack asserted to the court that Fein lacked permission to appear as counsel in the New York judicial process. The conflict came to light on Thursday when Pollack formally requested Judge Hellerstein revoke Fein’s judicial authorization. Fein, however, contended that individuals “credibly situated” within Maduro’s inner circle had sought his assistance given the “exceptional, surprising and viperine circumstances” surrounding Maduro’s arrest and prosecution in the United States.

Fein acknowledged in a procedural letter that he had not directly communicated with Maduro – either by phone or video conference – while the former president remains incarcerated in a federal prison in Brooklyn. He maintained, however, that Maduro had expressed a desire for his collaboration. This claim was swiftly refuted by Pollack, who stated he spoke with Maduro on Thursday and received confirmation that the Venezuelan leader “did not know” Fein, had “not communicated with him,” and had “neither hired him nor authorized him to appear” as part of his defense team, as documented in court filings cited by EFE.

Pollack further stated he attempted to contact Fein via phone and email to clarify his involvement but received no response. based on Maduro’s direct denial, Pollack formally requested Fein’s exclusion, a request Judge Hellerstein granted. The judge removed Fein just one day after initially granting him temporary permission to practice under the “pro hac vice” legal provision, which allows attorneys to practice in jurisdictions were they are not licensed for a limited time.

Did you know?– the “pro hac vice” provision is a common practice allowing lawyers licensed in one jurisdiction to appear in another for a specific case, with court approval.

In a response filed Friday, Fein did not challenge the accuracy of Pollack’s claims but suggested Judge Hellerstein directly interview Maduro to ascertain his preferences regarding legal representation – whether he desires representation by Pollack, Fein, or both.

Separately, attorney David Wickstrom has petitioned the judge to be recognized as a public defender to receive compensation for his work during maduro’s initial hearing. Wickstrom explained in a letter to the court that he provided “service” during the hearing but his role was subsequently replaced by private counsel,limiting his request to a formal record of his participation.

Pro tip– Federal courts often appoint public defenders for initial hearings, even if a defendant later hires private counsel, to ensure due process is followed.

Maduro and his wife, Cilia Flores, were indicted in March 2023 on charges of narco-terrorism, corruption, and money laundering. They are accused of running a cartel known as the “Cartel of the Suns” which allegedly smuggled tons of cocaine into the United States. Both remain at large,with Maduro residing in Venezuela and Flores believed to be with him. Maduro was captured by US special forces at thier residence in Caracas. The next hearing in the case is scheduled for March 17.

(With information from EFE and AP)

Reader question– How might the political climate in Venezuela influence Maduro’s legal strategy and potential extradition to the US?

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