By Katelyn Polantz, CNN
(CNN) — The case against ousted Venezuelan leader Nicolás Maduro hasn’t been able to move forward in the past six years.
Now with his capture and first appearance in Manhattan federal court behind him, getting to trial could take even more years, with rings of unusual political and legal battles to come.
The criminal case against Maduro is so legally complex — with his past leadership of Venezuela, the dramatic nature of proving an international narco-terrorism conspiracy and the larger national security and foreign policy implications — that his defense could attempt several different ways of derailing the case before a trial.
Maduro pleaded not guilty Monday to charges of narco-terrorism conspiracy, cocaine importation conspiracy, possession of machine guns and destructive devices and conspiracy to possess machine guns and destructive devices.
“Not that he won’t negotiate, but he will push some of the buttons first,” Dick Gregorie, a longtime Miami-based federal prosecutor, said on Monday after following news coverage of Maduro’s arraignment.
Gregorie had worked on the indictment and trial of Panama’s Manuel Noriega almost 40 years ago, becoming one of the few prosecutors who has successfully tried a foreign fugitive who claimed he was a head of state.
The Noriega case has some parallels to Maduro’s — especially in how rare it is for the US to strike a foreign country and abduct a political leader by force.
It appears likely that the lawyers representing Maduro and his wife Cilia Flores, who also pleaded not guilty Monday to drug and weapons charges, will argue they were captured unlawfully. On Monday in court, the deposed Venezuelan leader said he was “kidnapped” by the US military.
His lawyers will also likely battle with the Justice Department over the evidence in the case, what they can access that may help them, and over the protected national security information that may be able to be used in a trial.
The classified information-handling process overseen by the court can add months to even a straightforward case, and defendants sometimes try to push for the exposure of sensitive information so that the federal government becomes unwilling to try the case, a tactic called “graymailing.”
The evidence collected so far and plans for moving the case toward trial are likely to be discussed at Maduro’s next court appearance in Manhattan, set for March.
An immunity argument
Maduro is likely to attempt to use his position in Venezuela’s government to argue he has immunity as a foreign leader.
In court, Madura told the judge he was “still president” of Venezuela. His wife similarly called herself “the First Lady of Venezuela” in her court appearance Monday.
Gregorie recalled how significant a fight the head-of-state immunity claims were with Noriega. They also arose before the bribery trial of a political leader who claimed he was head of state of Turks and Caicos, which Gregorie also prosecuted in Miami some 40 years ago.
“It’s quite clear, in order to get head-of-state immunity, you have to be the diplomatically recognized head of state,” Gregorie said. Other legal scholars have taken the same position, that the US State Department’s diploma