Judge affirms that Maduro and Flores’ ‘Right to defend themselves is paramount’

This article first appeared in Popular Resistance on March 26, 2026:

By Gloria Guillo

The pre-trial conference of kidnapped and incarcerated political prisoners Nicolás Maduro and first combatant Cilia Flores was held on March 26 at the Southern District Court in Lower Manhattan, New York.

The defendants were taken hostage in an early morning raid on Jan. 3 by the U.S. government’s Delta Force during an illegal assault on a Caracas, Venezuela, military installation where the couple were resting. Their arraignment was held on Jan. 5 where they both pleaded not guilty to charges including narco-terrorism and drug trafficking.

At a park bounded by Worth, Baxter and Mulberry Streets (opposite the Daniel Patrick Moynihan U.S. Courthouse), approximately 150 protesters rallied to demand freedom for Maduro and Flores. The defendants are being held in solitary confinement in the Metropolitan Detention Center (MDC) in Brooklyn.

Inside the Daniel Patrick Moynihan U.S. Courthouse

Inside the courthouse, approximately 250 spectators and journalists were lined up waiting for the 11:00 a.m. hearing to start. By 10:30 a.m., the court room and overflow rooms were filled.

The hearing started at 11:45 a.m. and ended just before 1:00 p.m..

 Assistant U.S. Attorney Kyle Wirshba relentlessly sought to convince the presiding judge,  Judge Alvin K. Hellerstein, that political prisoners Maduro (age 63) and Flores (age 69) should be deprived of their international and constitutional rights to defend themselves.

First, Wirshba sought to block Venezuela from funding their defense and second, he submitted a motion to withhold information from them about their case through use of a protective order.

When pressed by the judge to list specific reasons that could justify limiting their defense, Wirshba was largely unable to comply.

All he could do was repeat two empty phrases — “national security” and “foreign policy” — at every turn. The judge asked him to recite only “new information” going forward to limit his redundancy.

With that caveat, Wirshba later claimed that the protective order was to limit discovery information from being misused by the four defendants that remain at large.

Since Delcy Rodriguez is now the acting [Venezuelan] president and the Trump administration views her as cooperative, the prosecution’s concern appeared to be a stretch of the imagination. The judge reminded the prosecution multiple times that the geopolitical situation has changed since January, with $1-2 billion in oil transactions between Venezuela and the United States.

President Maduro’s attorney, Barry Joel Pollack, who represented journalist and publisher Julian Assange in his plea deal, explained that the restrictive “Attorney Eyes Only” (AEO) provision in the protective order sought by the prosecution would limit his ability to gather information and interview others identified as co-conspirators, such as the defendants’ son, Nicolás Ernesto Maduro Guerra.

Cilia Flores is represented separately by Mark Donnelly, a former federal prosecutor now in private practice in Houston.

Wirshba kept harping on restricting access to Venezuela’s funds. He claimed that “indemnification” and “expectation of access” didn’t apply because the unilateral economic coercive measures (“sanctions”) against Venezuela and Maduro were “pre-existing.”

In response, Judge Hellerstein, reiterated that the U.S. government has removed some sanctions to allow for the sale of Venezuela’s oil. Thus, these funds are not “tainted illegal proceeds.” Also, Venezuela has stated that it considers legal fees indemnifying the president and first combatant to be its obligation.

Wirshba countered that the president and first combatant should “use their own funds or rely on public defenders” in their respective trials.

Judge Hellerstein pointed out that any funds Maduro and Flores identified could be forfeited and this would preclude their use in their defense. He explained persuasively that this is a complex case with thousands of pages of discovery that would tax the public defender’s office and could negatively affect other cases. Lastly, Judge Hellerstein stated that he didn’t believe the U.S. public should be footing the bill for Venezuela’s legal obligations.

Pollack explained that if Venezuela is blocked from paying the defendants’ legal fees and Maduro and Flores cannot properly defend themselves, it is then necessary for the judge to “dismiss the case” based on the 5th and 6th amendments.

Judge Hellerstein said he “wouldn’t dismiss the case” outright, but followed up by asking both the prosecution and defense what remedies existed.

It was explained that if the prosecution didn’t want the case to be dismissed, it would behoove them to reach out to the Office of Foreign Asset Control (OFAC), a part of the U.S. treasury, and request a license for the use of Venezuela’s funds for the defense.

No decisions were made and no follow-up court date was scheduled.

However, Cilia Flores’ health was brought up by Pollack. He seeks approval for an electrocardiogram (EKG) since she suffers from a heart condition (mitral valve prolapse) which, if left untreated, may be fatal. The judge was amenable to this request.

Metropolitan Detention Center (MDC)

Since Maduro and Flores’ have been incarcerated at MDC, they have been held separately in isolation, with only three hours per week “out-of-cell time” under heavily armed guard.

Human rights organizations, the United Nations and medical experts consider prolonged solitary confinement (typically 22–23 hours a day in a cell with minimal human contact for more than 15 consecutive days) to be cruel, inhuman, or degrading treatment, and a form of torture.

With this in mind, consider that these two senior citizens are both coming up on 90 days in solitary confinement each. Also, both sustained injuries during their kidnapping.

Also consider that MDC Brooklyn’s Special Housing Units are referred to by inmates, attorneys and justices as “barbaric,” “hell on Earth” and “inhumane.” Issues like cold/hot cells, vermin and insects, unsanitary conditions, thin mattresses, medical treatment delays, improper medical treatment, frequent lockdowns and invasive searches, combined with near-total isolation, exert collectively damaging psychological effects.

The Metropolitan Detention Center is New York City’s only federal jail; it was opened in January 1994, with a second building added in 1999. It is operated by the Federal Bureau of Prisons. Originally designed for about 1,000 inmates, it now holds between 1,300 to 1,408 male and female inmates of all security levels, making it the largest federal pretrial detention center in the United States.

Classified as an administrative facility, it primarily houses pretrial detainees facing federal charges in the Southern or Eastern Districts of New York, defendants awaiting sentencing, a smaller number of sentenced inmates serving short terms in a separate dormitory unit, and occasional ICE immigration detainees.

For perspective on the facility’s condition, consider that a $10.9 million class action settlement was paid by the Bureau of Prisons (BOP) in 2023 to nearly 1,600 inmates who endured a week-long power and heat blackout during the 2019 polar vortex, with payments of $8,750–$17,500 per claimant for inhumane conditions, lack of medical care and extreme cold.

Deaths

At least 17 incarcerated people have died at MDC Brooklyn since 2020.

Two inmates were murdered in separate stabbing attacks during the summer of 2024.

Jamel Floyd died in June 2020 after being pepper sprayed by guards while in his cell. His death was ruled a heart attack.

Terrence Wise died in December 2025 after alleged medical neglect and botched cancer care at the facility.

At least four suicides occurred in the three years prior to early 2026.

Illnesses and medical neglect

Inmates have experienced chronic medical neglect, including destroyed, ignored, or excessively delayed sick-call requests for treatment.

During the 2019 power outage, temperatures dropped below 68°F, prescription medications were not properly distributed, and medical rounds failed to address key issues.

During the pandemic, the facility was criticized for underreporting cases, poor isolation practices and leaving over 160 sick-call requests unaddressed for months.

Judges have described conditions as “barbaric” and “inhumane,” citing failures in post-surgical care and chronic condition management.

Violent incidents by guards (staff-on-inmate)

In March 2026, officer James Johnson was indicted for sexually abusing a male inmate, including forced oral sex supported by DNA evidence.

In 2017, three correctional officers were indicted for sexually abusing female inmates.

Officer Leon Wilson was charged in 2025 with a civil rights violation after shooting at suspected smugglers outside the facility.

Historical cases include excessive force complaints and a 2007 indictment of 11 guards for prisoner beatings.

Violent incidents by inmates

In the summer of 2024, two inmates were murdered in separate stabbings, leading to federal charges against nine inmates for assaults and killings.

In February 2025, one inmate stabbed 18 times in a gang related brawl and at least nine others were wounded, resulting in charges against multiple inmates.

Prosecutors charged 25 people (mostly inmates, plus one former officer) in March 2025 for violent assaults, murders and contraband smuggling spanning between 2024 and 2025.

In August 2024, a federal judge described five consecutive months of “catastrophic violence,” including gruesome stabbings and an ice-pick attack captured on video.

Other high profile prisoners held at the detention center were Luigi Mangione, Sean “Diddy” Combs and Ghislaine Maxwell.

Judge Hellerstein

President Bill Clinton appointed Judge Hellerstein in 1998. Judge Hellerstein obtained his law degree from Columbia University. He is a former Army JAG officer. He has presided over other complex and high-profile cases including major 9/11-victim litigation, the court-ordered release of Abu Ghraib abuse photos and civil suits against Harvey Weinstein, as well as Trump-related matters (such as rejecting attempts to remove the New York hush-money case to federal court and blocking use of the Alien Enemies Act for mass deportations in 2025).

The sealed superseding indictment

Count One: Narco-Terrorism Conspiracy — [alledge] Maduro and others conspired with the FARC in Columbia to distribute cocaine while intending to benefit a designated foreign terrorist organization.

Count Two: Cocaine Importation Conspiracy — [alledge] Maduro, Flores, and others conspired to import, manufacture, and distribute large quantities of cocaine into the United States.

Count Three: Possession of Machineguns and Destructive Devices — [alledge] Maduro, Flores, and others possessed machineguns and destructive devices in furtherance of the drug trafficking crimes.

Count Four: Conspiracy to Possess Machineguns and Destructive Devices — [alledge] Maduro, Flores, and others conspired to possess machine guns and destructive devices in connection with the drug trafficking offenses.

Lies to justify kidnapping and hostage taking

The indictment differs considerably from the lies made up by the Trump administration and repeated by the corporate mockingbird media that attempted to justify kidnapping and hostage taking. This is considered hostage taking because Venezuela is compelled to comply with U.S. oil demands or risk additional kidnappings and imprisonment. It is hoped that the president and first combatant will be released reasonably unharmed at some point in the near future.

Lie one: Maduro and Venezuela are flooding the U.S. with fentanyl, making him a drug kingpin.

Truth: The indictment mentions only cocaine — no fentanyl at all. DEA data shows fentanyl comes mostly from Mexico using Chinese inputs. Venezuela has zero role in fentanyl distribution.

Lie two: Maduro sent Tren de Aragua (TdA) gang members to the U.S. as terrorist cells or weaponized migrants.

Truth: A declassified April 2025 National Intelligence Council memo states Maduro’s government does not coordinate with TdA and is not directing them to the U.S. TdA grew from prison corruption; Venezuelan forces raided their Tocorón base in 2023.

Lie three: Each “drug boat” strike saves 25,000 American lives on average.

Truth: Made-up number — no evidence supports it. These were small fishing-style or civilian boats. Over 115 people were killed in 35-plus strikes; their communities and families say they were innocent fishers. No proof of drugs — no cargos shown. Baseless drama to justify attacks.

Lie four: Venezuela is a major drug hub; Maduro runs a narco-state with the Cartel de los Soles.

Truth: 90% of cocaine comes from Colombia, mostly via Mexico to the U.S. The 2026 indictment calls it a “culture of corruption,” not a cartel.

Lie five: Maduro stole the 2024 election; evidence proves the opposition won.

Truth: Official CNE results showed Maduro won 51.2% of the vote. Opposition claimed higher for Edmundo González using unverified tallies, many lacking witnesses or signatures, posted on a pre-set site. A cyber-attack delayed transmission but did not corrupt or alter the data.

Broader point: Venezuelans voted for stability and sovereignty, rejecting U.S.-imposed hardship.

González (U.S.-backed, with CIA ties in 1970s), served under Ambassador Leopoldo Castillo, alleged “Priest Killer/Matacuras,” at the Venezuelan Embassy in El Salvador, which was considered a “hub for repression (e.g., Óscar Romero, canonized 2018, nuns raped and killed).

Lie six: Capturing Maduro on Jan. 3, 2026, was a legal extraction for drugs, not kidnapping.

Truth: Illegal abduction under international law — no UN mandate, no congressional approval, violates sovereignty. U.S. forces struck sites, killed civilians, and took Maduro and Cilia Flores to New York.

Lie seven: U.S. actions are about stopping drugs and liberating Venezuelans, not oil.

Truth: Trump said U.S. firms would run Venezuelan oil “forever” after the capture. Venezuela has the world’s largest reserves. Sanctions froze billions, auctioned Citgo in 2025. It’s about resource control, not drugs.

Lie eight: Venezuelan migrants are mostly criminals sent by Maduro, spiking U.S. crime.

Truth: 7–8 million fled economic crisis since 2015, worsened by hyperinflation/sanctions. Immigrants commit fewer crimes than non-immigrants.

Lie nine: Maduro is an unpopular dictator and won by voter fraud.

Election turnout ~59% of 21.3 million voters — Gonzalez 44% there were several other candidates.

Truth: Massive pro-Maduro rallies demonstrated popularity.

[Election involved] automated touchscreen voting plus paper backup, biometric ID verification, real-time audits, open-source code, auditable by all parties. No internet connection prohibits hacking.

Election observers totaled 910 from 95 countries and included the National Lawyers Guild.

Election night events: Foreign interventions/interference at 11:00 p.m. on July 28 (government alert); CNE (National Electoral Council) announced results promptly.

Lie ten: Issues in Venezuela are due to mismanagement.

Truth: Hyperinflation/shortages, U.S. piracy of fuel vessels (1.1 million barrels), theft of Citgo assets ($32-40 billion), frozen funds ($3-5 billion), U.K. gold theft ($1 billion encouraged by U.S.).

Sanctions’ impact: Caused shortages, illness, death; “chilling effect” on trade; economy hit hard (oil revenue from $50 billion in 2012 to $743 million in 2020).

Gloria Guillo is an investigative journalist and a former Public Administrator, singer, songwriter. She co-hosts Uncontrolled Opposition with Jeremy Kuzmarov. Gloria can be reached at [email protected]