In a significant ruling Monday in New York, U.S. District Judge Alvin K. Hellerstein denied Bruce Fein, a former associate deputy attorney general under President Ronald Reagan, permission to participate in representing former Venezuelan President Nicolás Maduro in his ongoing federal drug trafficking trial. Initially, the court had approved Fein's application, but Judge Hellerstein reversed his decision following objections from Maduro's primary defense attorney, Barry Pollack.
Fein's motion claimed that "individuals credibly situated" within Maduro's close circle or family had solicited his legal support, and that Maduro himself had expressed interest in engaging Fein's services. However, Judge Hellerstein clarified in his written order that only Maduro possesses the authority to retain legal counsel, dismissing Fein's argument that unauthenticated representatives could facilitate such retention. The judge expressly refused Fein's request to summon Maduro to court solely to ascertain whether he wished to add Fein to his defense team.
"If Maduro wishes to retain Fein, he has the ability to do so," the judge wrote. "Fein cannot appoint himself to represent Maduro."
At Maduro's January 5 arraignment in Manhattan federal court, Pollack was the sole legal representative present. The arraignment followed shortly after Maduro and his wife, Cilia Flores, were apprehended by U.S. special forces in Caracas. Maduro termed his detention a kidnapping and asserted his status as a prisoner of war. Pollack has indicated plans to file comprehensive legal challenges regarding the lawfulness of his client's military apprehension, citing sovereign immunity claims inherent to Maduro's prior position as head of state.
Regarding Fein's involvement, Pollack informed the court last week that he had consulted directly with Maduro, who denied both knowing Fein and authorizing him to join the legal defense. Fein himself acknowledged in filings that he had no direct communication — via phone, video, or any other means — with Maduro.
Maduro and Flores face charges accusing them of coordinating with drug trafficking organizations to facilitate the transportation of thousands of tons of cocaine into the United States. Both defendants have pleaded not guilty and are currently detained without bail at a federal facility in Brooklyn. Their next court appearance is scheduled for March 17.