Maduro’s case will revive a legal debate over immunity for foreign leaders tested in Noriega trial

MIAMI (AP) — When deposed Venezuelan leader Nicolás Maduro makes his first appearance in a New York courtroom Monday to face U.S. drug charges, he will likely follow the path taken by another Latin American strongman toppled by U.S. forces: Panama's Manuel Noriega.

Maduro was captured Saturday, 36 years to the day after Noriega was removed by American forces. And as was the case with the Panamanian leader, lawyers for Maduro are expected to contest the legality of his arrest, arguing that he is immune from prosecution as a sovereign head of foreign state, which is a bedrock principle of international and U.S. law.

It’s an argument that is unlikely to succeed and was largely settled as a matter of law in Noriega’s trial, legal experts said. Although Trump's ordering of the operation in Venezuela raises constitutional concerns because it wasn’t authorized by Congress, now that Maduro is in the U.S., courts will likely bless his prosecution because, like Noriega, the U.S. doesn’t recognize him as Venezuela’s legitimate leader.

“There’s no claim to sovereign immunity if we don’t recognize him as head of state,” said Dick Gregorie, a retired federal prosecutor who indicted Noriega and later went on to investigate corruption inside Maduro’s government. “Several U.S. administrations, both Republican and Democrat, have called his election fraudulent and withheld U.S. recognition. Sadly, for Maduro, it means he’s stuck with it.”

Noriega died in 2017 after nearly three decades in prison, first in the U.S., then France and finally Panama. In his first trial, his lawyers argued that his arrest as a result of a U.S. invasion was so “shocking to the conscience" that it rendered the government’s case an illegal violation of his due process rights.

In ordering Noriega's removal, the White House relied on a 1989 legal opinion by then-Assistant Attorney General Bill Barr, issued six months before the invasion. That opinion said the U.N. Charter's prohibition on the use of force in international relations does not bar the U.S. from carrying out “forcible abductions” abroad to enforce domestic laws.

Supreme Court decisions dating to the 1800s also have upheld America's jurisdiction to prosecute foreigners regardless of whether their presence in the United States was lawfully secured.

Barr's opinion is likely to feature in Maduro's prosecution as well, experts said.

Drawing parallels to the Noriega case, Barr on Sunday pushed aside criticisms that the U.S. was pursuing a change of government in Venezuela instead of enforcing domestic laws. As attorney general during the first Trump administration, Barr oversaw Maduro’s indictment.

“Going after them and dismantling them inherently involves regime change,” Barr said in a “Fox News Sunday” interview. “The object here is not just to get Maduro. We indicted a whole slew of his lieutenants. It’s to clean that place out of this criminal organization.”

There are differences between the two cases.

Noriega never held the title of president during his six-year de facto rule, leaving a string of puppets to fill that role. By contrast, Maduro claims to have won a popular mandate three times. Although the results of his 2024 reelection are disputed, a number of governments — China, Russia and Egypt among them — recognized his victory.

“Before you ever get to guilt or innocence, there are serious questions about whether a U.S. court can proceed at all," said David Oscar Markus, a defense lawyer in Miami who has handled several high-profile criminal cases, including some involving Venezuela. "Maduro has a much stronger sovereign immunity defense than did Noriega, who was not actually the sitting president of Panama at the time.”

For U.S. courts, however, the only opinion that matters is that of the State Department, which considers Maduro a fugitive and has for months been offering a $50 million reward for his arrest.

The first Trump administration closed the U.S. Embassy in Caracas, the capital of Venezuela, and broke diplomatic relations with Maduro's government in 2019 after he cruised to reelection by outlawing most rival candidates. The administration then recognized the opposition head of the National Assembly as the country’s legitimate leader.

The Biden administration mostly stuck to that policy, allowing an opposition-appointed board to run Citgo, a subsidiary of Venezuela's state-owned oil company, even as the U.S. engaged in direct talks with Maduro's government that were aimed at paving the way for free elections.

“Courts are so deferential to the executive in matters of foreign policy that I find it difficult for the judiciary to engage in this sort of hairsplitting,” said Clark Neily, a senior vice president for criminal justice at the Cato Institute in Washington.

Another challenge that Maduro faces is hiring a lawyer. He and his wife, Cilia Flores, who also was captured, have been under U.S. sanctions for years, making it illegal for any American to take money from them without first securing a license from the Treasury Department.

The government in Caracas now led by Maduro’s vice president, Delcy Rodríguez, may want to foot the bill, but it is similarly restricted from doing business in the United States.

The U.S. has indicted other foreign leaders on corruption and drug trafficking charges allegedly committed while in office. Among the most noteworthy is Juan Orlando Hernández, former president of Honduras, who was convicted in 2024 for drug trafficking and weapons charges and sentenced to 45 years in prison.

Trump in November announced plans to pardon Hernández, a move that drew criticism from even some Republicans who viewed it as undercutting the White House's aggressive counternarcotics strategy centered against Maduro.

The U.S. had requested Hernández's extradition from Honduras a few weeks after he left office. After the arrest of Noriega, who had been a CIA asset before becoming a drug-running dictator, the Justice Department implemented a new policy requiring the attorney general to personally sign off on charging of any sitting foreign president, due to its implications for U.S. foreign policy.

Maduro may have a slightly stronger argument that he is entitled to a more limited form of immunity for official acts he undertook as at least a de facto leader since that question would not turn on whether he is a recognized head of state by the U.S.

But even that defense faces significant challenges, said Curtis Bradley, a University of Chicago Law School professor who previously served as a counselor of international law at the State Department.

The indictment accuses Maduro of facilitating the shipment of thousands of tons of cocaine into the U.S. by providing law enforcement cover, logistical support and partnering with “some of the most violent and prolific drug traffickers and narco-terrorists in the world.”

“The government will argue that running a big narco-trafficking operation ... should not count as an official act,” Bradley said.

Tucker reported from Washington.

FILE - General Manuel Antonio Noriega speaks to the press in Panama in May 1989. (AP Photo, File)

A general view shows Metropolitan Detention Center on Sunday, Jan. 4, 2026, in New York. (AP Photo/Yuki Iwamura)

A pedestrian walks past a mural of Venezuelan President Nicolas Maduro Sunday, Jan. 4, 2026. (AP Photo/Matias Delacroix)

A general view shows Metropolitan Detention Center on Sunday, Jan. 4, 2026, in New York. (AP Photo/Yuki Iwamura)

FILE - Venezuela's President Nicolas Maduro places his hand over his hear while talking to high-ranking officers during a military ceremony on his inauguration day for a third term, in Caracas, Venezuela, Jan. 10, 2025. (AP Photo/Ariana Cubillos, File)

NEW YORK (AP) — Kamala Harris “wrote off rural America" during the 2024 presidential campaign and failed to attack Donald Trump with sufficient “negative firepower," according to a long-awaited post-election autopsy released on Thursday by the Democratic National Committee.

The committee's chair, Ken Martin, shared the 192-page report only after facing intense internal pressure from frustrated Democratic operatives concerned with his leadership. Martin had originally promised to release the autopsy, only to keep it under wraps for months because he was concerned it would be a distraction ahead of the midterms as Democrats mobilize to take back control of Congress.

On Tuesday, Martin apologized for his handling of the situation and conceded that the report was withheld because it “was not ready for primetime."

Although the autopsy criticizes Democrats' focus on “identity politics,” it sidesteps some of the most controversial elements of the 2024 campaign. The report does not address former President Joe Biden’s decision to seek reelection, the rushed selection of Harris to replace him on the ticket or the party's acrimonious divide over the war in Gaza.

“I am not proud of this product; it does not meet my standards, and it won’t meet your standards,” Martin wrote in an essay on Substack on Thursday. “I don’t endorse what’s in this report, or what’s left out of it. I could not in good faith put the DNC’s stamp of approval on it. But transparency is paramount.”

A spokesperson for Harris did not immediately respond to a request for comment.

The initial reaction from Democratic operatives was a mix of bafflement and anger over Martin's handling of the situation.

“Why not say this in 2024, or bring in more people to finish it, instead of turning this into the dumbest media cycle for 7-8 months?” Democratic strategist Steve Schale wrote on social media.

The postelection report, which was authored by Democratic consultant Paul Rivera, calls for “a renewed focus on the voters of Middle America and the South, who have come to believe they are not included in the Democratic vision of a stronger and more dynamic America for everyone.”

“Millions of Americans are suffering from poor access to healthcare, manufacturing and job losses, and a failing infrastructure, yet continue to be persuaded to vote against their best interests because they do not see themselves reflected in the America of the Democratic Party,” the report says.

The autopsy points to a reduction in support and training for Democratic state parties, voter registration shifts and “a persistent inability or unwillingness to listen to all voters.”

Thursday's release comes as Martin confronts a crisis of confidence among party officials who are increasingly concerned about the health of their political machine barely a year into his term. Some Democratic operatives have had informal discussions about recruiting a new chair, even though most believe that Martin’s job wasn't in serious jeopardy ahead of the midterm elections.

The report found that Harris and her allies failed to focus enough on Trump's negatives, especially his felony convictions. This was part of a broader criticism that Democrats' messaging is too focused on reason and winning arguments, “even in cycles when the electorate is defined by rage.”

“There was a decision in the 2024 Democratic leadership not to engage in negative advertising at the scale required,” the report states. “The Trump campaign and supportive Super PACs went full throttle against Vice President Harris, but there was not sufficient or similar negative firepower directed at Trump by Democrats.”

The report continues: “It was essential to prosecute a more effective case as to why Trump should have been disqualified from ever again taking office. The grounds were there, but the messaging did not make the case.”

Trump's attack on Harris' transgender policies were cited as a key contrast.

Specifically, the report suggested the Democratic nominee was “boxed” in by the Trump campaign's “very effective” ad that highlighted Harris' previous statement of support for taxpayer-funded gender-affirming surgeries for prison inmates.

Democratic pollsters believed that “if the Vice President would not change her position – and she did not – then there was nothing which would have worked as a response," the report said.

The report criticized Harris' outreach to key segments of America while condemning the party's focus on “identity politics.”

“Harris wrote off rural America, assuming urban/suburban margins would compensate. The math doesn’t work,” the report says. “You can’t lose rural areas by overwhelming margins and make it up elsewhere when rural voters are a significant share of the electorate. If Democrats are to reclaim leadership in the Heartland or the South, candidates must perform well in rural turf. Show up, listen, and then do it again.”

The report also references Democrats' underperformance with male voters of color.

“Male voters require direct engagement. The gender gap can be narrowed. Deploy male messengers, address economic concerns, and don’t assume identity politics will hold male voters of color,” it says.

President Donald Trump speaks during an event about loosening a federal refrigerant rule, in the Oval Office at the White House, Thursday, May 21, 2026, in Washington. (AP Photo/Jacquelyn Martin)

Former Vice President Kamala Harris speaks during a fireside chat on Thursday, May 7, 2026, in Las Vegas. (AP Photo/Ty ONeil)

FILE - Democratic National Committee chair Ken Martin speaks during an interview with The Associated Press at DNC headquarters, Jan. 12, 2026, in Washington. (AP Photo/Allison Robbert, File)