The federal courtroom had an odd mix of routine procedure and high drama. Nicolás Maduro and his aide, Claudia Flores, appeared in tan detention clothes. Flores wore her hair in a ponytail. Maduro arrived with his ankles shackled, smiled, shook hands with his lawyers, and took notes during the hearing.

Judge Hellerstein pressed the Treasury

Judge Alvin Hellerstein spent much of the hearing focusing on whether the Treasury Department should issue a specific license that would allow Venezuela to pay for the defendants' legal fees. He did not make a final ruling on the fee question, but he said that if the Treasury keeps denying the license, the only legal remedy might be dismissal of the case. Then he made it clear he would not dismiss it. "I am not going to dismiss the case," he said, causing a ripple of laughter in the courtroom.

Hellerstein framed the issue as a matter of basic legal rights. He said the right to mount a defense is critical and suggested a targeted license could be appropriate. When prosecutors argued the government was blocking the license for national security and foreign policy reasons, the judge responded, "I see no abiding interest in national security in the right to defend oneself."

Why the license is controversial

  • The defendants have told the court they cannot afford their own legal defense.
  • The Justice Department suggested that federal public defenders or court appointed lawyers could step in.
  • Hellerstein pushed back, saying this case is unusually complex and would overwhelm those public resources. He said the investigative and defense demands here would "sap the ability" of such lawyers to handle other work.

Health concern raised for Flores

Flores' attorney also told the judge that she has a heart condition called mitral valve prolapse and urgently needs an echocardiogram while in federal custody. The medical issue was raised separately from the financing debate but adds another layer to the defendants' requests to the court.

Bottom line: the judge pushed the question back toward the executive branch and highlighted the tension between sanctions policy and a defendant's ability to pay for a defense. He signaled willingness to protect the right to counsel, but stopped short of ordering a particular outcome at this hearing.